1. RISK WARNING
1.1 This Risk Warning is issued by DDSC all persons wishing to participate in sailing activities conducted by DDSC.
1.2 Participants are warned that regardless of the precautions which might be taken by reasonable and experienced persons sailing can be a dangerous pursuit and participants are exposed to significant risk of property damage, physical harm and possibly death.
1.3 As an indication, these risks may include but are not limited to: (a) the extremes of weather and on-water conditions;
(b) the potential that control of vessels may be lost, resulting in collision with objects and other vessels;
(c) the sudden movement of the vessel at any time, and the possibility that participants may fall or be thrown overboard, resulting in drowning;
(d) the possibility that participants may be injured by equipment on the vessel;
(e) the absence of immediate medical care and the likelihood that significant delays may occur before medical care is available;
(f) exposure to the elements for extended periods.
1.4 DDSC also warns participants that regardless of their best intentions, they may be unable to render assistance to participants who are in distress. Participants are warned to consider the above risks and all other risks before deciding to participate in any sailing activities conducted by DDSC.
1.5 Participants are also advised that although DDSC is covered by third party liability insurance, this cover does not extend to participants. A limited personal accident insurance policy is available to current financial members of Australian Sailing Affiliated Clubs. Any participant who considers they have a need for insurance must make their own private arrangements with an insurer. The obligation of members to carry insurance is dealt with in paragraph 3.2.
2. LIABILITY AND RELEASE
2.1 The attention of all participants in DDSC sailing activities is drawn to: (a) the Risk Warning in paragraph 1 above;
(b) The Racing Rules of Sailing 2021-2024, and in particular Part 1, Fundamental Rules, which at Rule 3 provides The responsibility for a boat’s decision to participate in a race or continue racing is hers alone.
2.2 By participating in any sailing activities conducted by DDSC, each participant acknowledges that he or she:
(a) has read the Risk Warning in paragraph 1;
(b) participates in sailing activities conducted by DDSC entirely at his or her own risk and responsibility;
(c) to the full extent permitted by law, releases DDSC from all liability, including liability for negligence;
(d) accepts that DDSC is not responsible for the seaworthiness of any boat whose participation is accepted, or the adequacy of its equipment, but that DDSC reserves the right to refuse any entry; and
(e) indemnifies DDSC for all claims arising from any act or omission of the participant.
2.3 All participants in sailing activities conducted by DDSC acknowledge and agree:
(a) that, to the extent it may be available, the provision of on water support to participants by DDSC support vessels is a voluntary facility provided by DDSC and operated by volunteers; and
(b) that the exclusions from liability and releases provided in this document apply to and bind all members, visitors and guests in the event that any of them sustain any loss, damage or injury while being rescued, or seeking to be rescued, or while they are in need of being rescued.
3. INSURANCE
3.1 Participants in sailing activities are not covered by DDSC insurance for: (a) loss or injury they may sustain while participating in sailing activities;
(b) damage to persons or property suffered by third parties caused by the participant.
3.2 Participants acknowledge that limited personal injuries insurance is available to current financial members of Australian Sailing Affiliated Clubs; the personal insurance coverage applies to current financial DDSC members who have an active Australian Sailing number. Any participant that seeks information about the personal insurance cover are directed to Sailing Australia & Network Marine.
4. USE OF DDSC BOATS AND SUPPORT VESSELS
4.1 Any person (including members, their guests, visitors, and members or guests) who uses (including as crew or passenger) any DDSC boat or support vessel (DDSC Vessel) for any purpose (including racing, support for racing, sailing lessons, practice or leisure) agrees:
(a) they do so at entirely at their own risk;
(b) that DDSC is an amateur sailing club run by volunteers, and DDSC does not warrant the condition, repair or suitability for purpose of any DDSC Vessel, or any of the equipment on any DDSC Vessel, and it is the responsibility of the person using any DDSC Vessel to satisfy themselves as to the adequacy of its condition before using it;
(c) DDSC does not accept any responsibility for any loss damage or injury which may be sustained by any person:
(i) as a result of the authorized (or unauthorized) use of any DDSC Vessel;
(ii) caused directly or indirectly by the failure of any equipment on any DDSC Vessel.
(d) to the full extent permitted by law they release DDSC and its office bearers and members from any liability including negligence for any loss damage or injury they may suffer however caused as a result of the use of any DDSC Vessel;
(e) to the extent that DDSC has authorized the use of any DDSC Vessel by that person, that authorization is given in consideration of the person giving the acknowledgements and releases in this paragraph 4{C}.
4.2 Driving Support Vessels and boating licence
(a) No person under the age of 16 may drive any of the DDSC support vessels.
(b) Any person who drives a DDSC support vessel who does not hold a general boating licence must not exceed a speed of 10 knots (10 knots is about the speed at which an accelerating boat will start to plane).
5. RISK OF BOATS AND EQUIPMENT STORED AT THE CLUB
Any person (including members) who stores a boat or other equipment in DDSC agrees that as regards their boat and equipment:
(a) all risks concerning theft, loss or damage are borne by the person;
(b) to the full extent permitted by law, the person releases DDSC from any liability.
6. DEFINITIONS AND
INTERPRETATIONS
In this document:
DDSC means Darling Downs Sailing Club Inc.
sailing activities means the activity of sailing, and includes all activities necessary or incidental to the activity of sailing, including participating in any regatta, race or training session; removing any vessel from or to the Clubhouse, rigging and launching any vessel; assisting in the organisation and conduct of sailing and driving or being conveyed in any of DDSC’s support vessels, including or any similar expression when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.