BURNIE YACHT CLUB
Terms
Australian Sailing
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BURNIE YACHT CLUB
Burnie Yacht Club Inc.
RISK WARNING
This Risk Warning is issued by the Burnie Yacht Club Inc., pursuant to the Civil Liability Act 2002 to all
persons wishing to participate in the sailing activities conducted by Burnie Yacht Club. 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. As an indication, these risks may include, but are not limited to:
• The extremes of weather and sea conditions;
• The potential that control of vessels may be lost, resulting in collision with objects and other vessels;
• The sudden movement of the vessel at any time and the possibility that participants may fall or be
thrown overboard, resulting in drowning;
• The possibility that participants may be injured by equipment on the vessel;
• The absence of immediate medical care and the likelihood that significant delays may occur before
medical care is available; and
• Exposure to the elements for extended periods.
Burnie Yacht Club 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 event with the Burnie Yacht Club.
LIABILITY
The attention of all participants in sailing activities of Burnie yacht Club is drawn to the above risk warning in
addition to the 2005 – 2008 Rules promulgated by the International Sailing Federation ISAF (specifically,
Part 1 Fundamental Rules and Rule 4 that covers the decision to race). Each participant acknowledges that he or she:
• Has read the risk warning;
• Participates in sailing activities conducted by Burnie Yacht Club at his or his own risk and
responsibility;
• Excludes the Burnie Yacht Club from all liability, including but not limited to liability for negligence;
• Accepts that the Burnie Yacht Club is not responsible for the seaworthiness of any boat whose entry is
accepted or adequacy of its equipment but that the Burnie Yacht Club reserves the right to refuse any
entry; and
• Indemnifies the Burnie Yacht Club for all claims arising from an act or omission of the participant.
I, the proposed member, have read the above Risk Warning,
agree to be bound by the above acknowledgements and indemnity, become a financial member and abide by
the Rules, Regulations and Constitution of Burnie Yacht Club Inc.
Membership for those under 18 years of age
I, parent/guardian of the member i am registering,
have read the above Risk Warning. I agree to be bound by the above terms and indemnity, give my consent for the above proposed member to join Burnie Yacht Club Inc., and undertake responsibility for compliance with the conditions laid down by the Club.