1. Agreement. I understand that by submitting my registration for the EVENT and accepting these terms and conditions, I enter into an agreement with Cruising Yacht Club of South Australia Inc (CYCSA), by which I agree to become bound by and comply with:
- these terms and conditions;
- the EVENT registration form;
- all other rules that govern the EVENT and sailing and boating activities.
2. Definitions. For purposes of these terms and conditions the following definitions apply:
(a) “EVENT” means the sailing or boating event that I am seeking to register for as selected in my registration form;
(b) “CYCSA” means the Cruising Yacht Club of South Australia Inc and its respective directors, officers, servants or agents.
3. Information. I acknowledge that it is my responsibility to obtain, read and understand all the applicable Rules and any prerequisites before proceeding with my registration and participation in the EVENT.
4. Code of Conduct. I acknowledge that there is great value on the time and commitment all participants invest in their participation in the EVENT and accept that behaviour which breaches any Rules will not be tolerated. Key expectations from a participant in an EVENT are to:
- encourage participants to play by the rules and respect the officials & volunteer decisions;
- abide by the law;
- support all efforts to remove verbal and physical abuse from activities; and
- respect the rights, dignity and worth of every participant regardless of their gender, ability, cultural background or religion.
5. Registration. I acknowledge that my registration can be accepted or rejected by CYCSA at its discretion in the exercise of its functions
6. Acceptance. If accepted I will be permitted to attend the EVENT subject to complying with the terms and conditions of the EVENT, this declaration and any reasonable direction issued by the EVENT organisers or their representatives.
7. Participation. If my registration is accepted, I will be permitted to attend the EVENT subject to complying with the Rules and any reasonable direction given by the CYCSA, either before or during the EVENT.
8. Fitness to Participate: I declare that I am, and must continue to be, medically and physically fit and able to participate in the EVENT. Should I suffer from or become aware of any illness and/or require medical attention for a pre-existing condition, I will fully disclose all details to CYCSA so that I am not a danger to myself or to the health and safety of others. I will immediately notify CYCSA in writing of any change to my fitness, health and ability to participate in the EVENT. I understand and accept that except if I advise otherwise in writing, CYCSA will rely upon this declaration as evidence of my fitness and ability to participate in the EVENT.
9. Refund of fee. Unless otherwise specified by CYCSA in the registration form to the EVENT, the EVENT fee will be refundable as follows:
In every circumstance where a refund is requested, the following conditions apply:
a) Notice period of Cancellation –
- More than 14 days prior to the EVENT – 50% refund (less any transaction fees)
- More than 30 days prior to the EVENT – 100% refund (less any transaction fees)
b) Event cancellation:
- If the EVENT is cancelled by the Event organiser, the fee will be fully refunded (less any transaction fees).
c) Force Majeure:
- If an EVENT is cancelled due to a reason outside the control of the organiser, a refund may be provided at the discretion of the Event organiser.
10. Risks. I understand that participation in sailing or boating activities can be inherently dangerous. Risks include overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality, shark attack and stinger attack which can and do happen and may result in me being personally injured or my property being damaged. After considering the risks involved, I have voluntarily decided to participate in the EVENT and assume all potential risks.
11. Assistance. If required, CYCSA will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by CYCSA where my further consent cannot be obtained and agree to meet all costs associated with such action.
12. Disclaimer. To the maximum extent permitted by law, I understand and agree, as a condition of my enrolment in the EVENT (if accepted), that Australian Sailing disclaims any liability (whether in tort, including negligence, contract, statutory or otherwise) for any injury (whether fatal or otherwise) or damage arising out of my participation in the EVENT.
13. Indemnity. I acknowledge that the participation in the EVENT is my personal decision after having considered all the Rules and risks, and agree in consideration of the acceptance of my registration, to indemnify and hold harmless CYCSA from and against any Claim that I or any other person, including my relatives or any other participant in the EVENT, may have in connection to the eventuation of any risk, damage or injury (including permanent or fatal) I may suffer or cause arising out of my participation in the EVENT. “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (whether in tort, including negligence, contract, statutory or otherwise), other than and except to the extent the claim is covered by CYCSA’s insurance policy.
14. Privacy: I understand that the information I have provided in my registration, as well as any health information I further provide to CYCSA, is necessary for the organisation and conduct of the EVENT and for the objects of CYCSA. Use of the information will be subject to the privacy policy of CYCSA, which I am responsible to obtain, read and understand. The CYCSA Privacy Policy can be located at http://www.cycsa.com.au/Our-Club.htm.
15. Photographic materials. I consent to photographs and videos being taken of me during participation in the EVENT and authorise CYCSA 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 CYCSA using my name, image, likeness and performance in the EVENT.
16. Capacity. The applicant declares to be over 18 years of age or if under age, to have obtained authorisation from and be represented by the parent or guardian, who expressly agrees to be responsible for the applicant's behaviour and agrees to personally accept the conditions set out above, including the provision of an indemnity.