DISCLAIMER OF LIABILITY & RISK WARNING

1    Voluntary participation

I acknowledge and agree that my participation (and, where applicable, the participation of my child or ward) in any activity at, and use of any facilities at, Lane Cove 12FT Sailing Skiff Club (LC12ftSSC) are, or will be:
(a)    entirely voluntary and at my own risk;
(b)    for recreational or competitive purposes; and
(c)    associated with significant risk of personal injury.

2    Risk warning pursuant to section 5M of the Civil Liability Act 2002
I acknowledge and agree that -

2.1    the activities undertaken at Lane Cove 12FT Sailing Skiff Club carry significant risk of personal injury and possibly death and those activities include:
(a)    sailing, 
(b)    boating; 
(c)    swimming; and 
(d)    associated activities including rigging, launching and retrieving boats and use of outboad motors .

2.2    during my (or, where applicable my child's or ward's) participation in any activity at Lane Cove 12FT Sailing Skiff Club, certain risks may occur that can include, but are not limited to:
(a)    hazards caused by travelling in or handling vessels, including: 
(i)    collision with equipment on vessels, 
(ii)    collision between vessels,
(iii)    collision with obstacles,
(iv)    loss of or limited control of vessels, 
(v)    sudden or violent movement by vessels;
(vi)     falling or being thrown overboard from vessels;
(b)    drowning;
(c)    slipping on or colliding with slipways, stairs, passageways, structures and buildings, including where all or any of those things are wet or slimy
(d)    exposure to weather and sea conditions;
(e)    exposure to the elements for extended periods;
(f)    extremes of weather and temperature which may change suddenly, or unexpectedly;
(g)    physical exertion;
(h)    the absence of immediate medical care and the likelihood that significant delays may occur before medical care is available; and 

2.3    all or any of these risks may arise notwithstanding the precautions which might be taken by reasonable and experienced persons.

3    Waiver

3.1    I acknowledge and accept:
(a)    that the enjoyment of any activity at Lane Cove 12FT Sailing Skiff Club is derived, in part, from the risks inherent in the activity which may exceed those commonly accepted at home, work or school;
(b)    all the inherent risks of my (and, where applicable, my child's or ward's) activity and the possibility of personal injury or death resulting from those activities;;
(c)    Lane Cove 12FT Sailing Skiff Club and its officers, members, contractors agents and nominees make no representations, promises or warranties about the suitability or fitness for purpose of the facilities or equipment at Lane Cove 12FT Sailing Skiff Club.

3.2    I waive all claims which might arise against, and agree not to sue, Lane Cove 12FT Sailing Skiff Club or any of its officers, members, contractors agents and nominees for:
(a)    any injury, loss or damage (including illness and death) which might be sustained by me (and, where applicable, my child or ward) as a result of participation in any activity at Lane Cove 12FT Sailing Skiff Club;
(b)    breach of any contract (including any express or implied warranty that any recreational services will be provided with due care and skill; and
(c)    negligence arising from, or in connection with, my (and, where applicable, my child's or ward's) attendance at and use of facilities under the care, control or management of Lane Cove 12FT foot Sailing Skiff Club, its officers, members, contractors agents and nominees.

3.3    To the extent permitted by law I waive my right to sue Lane Cove 12FT Sailing Skiff Club its officers, members, contractors agents and nominees because recreational services were not performed in accordance with any statutory warranties or guarantees, including warranties or guarantees as to due care and skill and as to fitness for purpose (including under the Australian Consumer Law) and all such warranties are excluded.

4    Release 
To the fullest extent permitted by law, I release Lane Cove 12FT Sailing Skiff Club, its officers, members, contractors agents and nominees from all claims, including legal costs and expenses, that I (and, where applicable, my child or ward) may have, or, but for this release, could or might have had, arising out of, or related to or in connection with my (and, where applicable, my child's or ward's) use of Lane Cove 12FT Sailing Skiff Club.
 
5    Acknowledgement of reliance
I acknowledge that Lane Cove 12FT Sailing Skiff Club is only willing to allow me to participate in activities at or associated with Lane Cove 12FT Sailing Skiff Club because I have made the acknowledgements, representations and promises set out above.

Permission for use of Photography and Video
LC12ftSSC seeks to use photographic images (including video and sound recording) of members, including children, to promote LC12ftSSC. This may include illustrations for printed materials as well as on the Club website or in social media utilized by the Club.  The Club seeks your permission for you and/or your child’s name and photographs (including video and sound recording) to be collected, stored, used and disclosed for the purposes outlined
in this document. You are not required to grant permission. This is a matter entirely within your discretion.

If you agree to have a photograph published on the Club’s website or in social media you need to be aware that the image can be copied and used by other web users and therefore the Club has no control over its subsequent use and disclosure.

If you do not give the Club permission to use photographs or video of you and/or your child in this manner, please notify the Club in writing at the time of registration.

Refund Policy
Unless otherwise specified by the Club, if an individual cancels their participation in a course, then the refund policy is set out below:

In every circumstance where a refund is requested, the first option is to transfer the participant to another applicable course. Where this is not possible, the following conditions apply:

Notice period of Cancellation –

• Less than 7 days prior to commencement of the course - No Refund
• More than 7 and less than 14 days prior to commencement of the course - 50% Refund (less any transaction fees)
• More than 14 days prior to commencemnt of the course - 100% Refund (less any transaction fees)
• Cancellation due to illness, injury or death:
  If a participant is unable to participate in the course and can produce appropriate evidence, the fee for that day, or the balance of the program, as applicable will be refunded (less any transaction fee applied by the merchant).

Course Cancellation:
If the course is cancelled (without alternative dates) by the event organiser, the unused portion of the fee will be fully refunded (less transaction fees applied by the merchant).

Force Majeure:
If a course is cancelled due a reason outside the control of the organiser, a refund may be provided at the discretion of the Course/Event organiser.