SERIES ENTRY FORM
This form is for series entries only. If you wish to enter a single race, go HERE.
Civil Liability Act 2002 Risk Warning
Participation in a race is inherently dangerous and exposes a participant to risks including unpredictable weather conditions and/or equipment failure resulting in injury (even death) and/or property damage. The risks may be exacerbated by the lack of access to immediate medical care and the inability of the Club to render assistance to a participant who is in distress. A participant is warned to consider the risks before deciding to participate in a race. The Civil Liability Act 2002 (NSW) provides, in effect, that the Club does not owe a duty of care to a participant to take care in respect of a risk of participation in a race if the risk was the subject of a risk warning.
I, BEING THE BOAT OWNER OR AUTHORISED REPRESENTATIVE
1. Acknowledge the risk warning and that I and the crew of the boat described in Schedule I may be exposed to risks as described in the warning.
2. Agree to bring the risk warning to the attention of the crew.
3. Agree that my participation and that of the crew in the series or race is at our own risk.
4. Agree not to make any claim against the Club for any damage, injury or loss sustained or caused by participating in the series or race or as a result of an occurrence following the finish of the series or race.
5. Agree to indemnify the Club, and to keep it indemnified, together with any other organization or person involved in the conduct of the series or race, against suits, actions or demands which may be brought in respect of any damage, injury or loss sustained or caused by me or the crew in the course of participating in the series or race or as a result of an occurrence following the finish of the series or race.
6. Agree to exonerate the Club together with any other organization or person involved in the conduct of the series or race from any damage, injury or loss sustained or caused to me or the crew whether due to alleged negligence or otherwise.
7. Acknowledge that rule 4 of the Racing Rules of Sailing 2013-2016 states: “The responsibility for a boat’s decision to participate in a race or to continue racing is hers alone.”
8. Acknowledge that Yachting Australia’s Special Regulation 1.02 states:
“1.02.1 The safety of a boat and her crew is the sole and inescapable responsibility of the owner, or the owner’s representative, who shall do their best to ensure that the boat is fully found, thoroughly seaworthy and manned by an experienced crew who have undergone appropriate training and are physically fit to face bad weather. He must be satisfied as to the soundness of hull, spars, rigging, sails and all gear. He shall ensure that all safety equipment is properly maintained and stowed and that the crew knows where it is kept and how it is to be used. Attention is drawn to 2.04 which specifies the crew experience required for some races.
1.02.2 Neither the establishment of these Special Regulations, their use by race organizers, nor the inspection of a boat under these Regulations in any way limits or reduces the complete and unlimited responsibility of the owner or owner’s representative.
1.02.3 The responsibility for a boat’s decision to participate in a race or to continue racing is hers alone – RRS Fundamental Rule 4”
9.Accept the Club’s disclaimer that a person participating in a race or other event conducted by the Club does so entirely at his or her own risk and responsibility. The Club, its Committee of Management its race Committee, the Race Officer, the Equipment Auditor, or other organisation or person organising a race or event is not responsible for: (a) the seaworthiness of a participating boat; (b) the sufficiency or adequacy of her equipment; or (c) damage, injury or loss which may result, directly or indirectly, from preparing for, or participating in, a race or event or from an occurrence following the finish of the race or event.
10.Declare that the particulars of the boat and its crew provided by me in Schedule I are to the best of my knowledge true and correct at the date of providing the particulars.