I hereby apply to attend a program at the nominated Centre. In so applying and in consideration of my application for the Program being accepted I acknowledge and agree that:
- The “Centre” means a nationally recognised Yachting Australia Centre and its respective directors, officers, servants or agents responsible for offering the Program that I am seeking to enter or register for.
- ‘Yachting Australia’ for the purposes of this application and declaration means and includes Yachting Australia and its respective directors, officers, servants or agents.
- “State Associations” means the state or territory yachting association and its respective directors, officers, servants or agents which is a constitutional member of Yachting Australia.
- If accepted I will be permitted to attend the Program subject to complying with the terms and conditions of the Program, this declaration and any reasonable direction issued by the Program organisers or their representatives.
- The Program rules and this declaration comprise a contract between me and the Centre.
- Warning: Participation in the Program can be inherently dangerous. Risks including but not limited to overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality and shark attack can and do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Program. If required, the Centre will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by the Centre where my further consent cannot be obtained and agree to meet all costs associated with such action.
- Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a condition of my registration on the Program (if accepted) that the Centre is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the Program.
- Release and Indemnity: I understand that part of the fees paid to the Centre will pay for limited insurance cover in the event of an injury. Under the Yachting Australia arranged Personal Accident Policy any injury which causes permanent, total or partial loss of any limb or impairment of sight provides limited provision for payment of treatment expenses over and above medical benefits. In consideration of the Centre accepting my application for entry to the Program I:
(a) release and forever discharge the Centre, Yachting Australia and its State Associations from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Program; and
(b) indemnify and hold harmless the Centre, Yachting Australia and its State Associations to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Program arising as a result of or in connection with my participation in the Program. - In this clause ‘Claims’ means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Program or Centre insurance policy.
- Fitness to Participate: I declare that I am and must continue to be medically and physically fit and able to participate in the Program. Should I suffer from an allergy and/or require medication for a pre-existing condition I shall fully declare all necessary details to the Centre. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Centre in writing of any change to my fitness and ability to participate. I understand and accept that the Centre will continue to rely upon this declaration as evidence of my fitness and ability to participate.
- Privacy: I understand that the information I have provided is necessary for the conduct of the Program and for the Objects of Yachting Australia and its State Associations. I acknowledge and agree that the information provided will only be used by the Centre, Yachting Australia and its State Associations to facilitate the conduct of the Program and other Programs conducted by the Centre, Yachting Australia or its State Associations.
- I acknowledge and consent to photographs and videos being taken of me during participation in Centre activities and authorise the Centre, Yachting Australia and its State Associations to use such photographs and videos for promotional or other sailing and boating development and marketing purposes without my further consent being obtained. Further, I consent to the Centre, Yachting Australia and its State Associations using my name, image, likeness and performance in any Centre, Yachting Australia or State Association activities, at any time, to promote the Centre, Yachting Australia or its State Associations by any form of media.
- I understand that I will be able to access my information through the Centre, Yachting Australia or the relevant State Association.
- I acknowledge that the Centre and Yachting Australia may also use my personal information in accordance with the Yachting Australia Privacy Policy. I may advise Yachting Australia if I do not wish to receive information from Yachting Australia or any Yachting Australia sponsors or third parties.
- Prevailing conditions: The Program and the conduct of, and participation in the Program will be affected by weather and associated conditions.
- Given there is often an element of the ‘luck of the prevailing conditions’ in entering in the Program I acknowledge and agree that the Program organisers cannot control weather and associated conditions.
- Where the applicant for the Program is under 18 years of age the parent or guardian of the applicant expressly agrees to be responsible for the applicant’s behaviour and agrees to personally accept the conditions set out above including the provision of a release and indemnity in the terms set out above.