NCYC Sailing Academy Terms & Conditions

- Acknowledgement, Waiver & Risk Warning

- Refunds and Course/Events Transfers

You may also access our full Terms & Conditions on the NCYC website.  Please ensure you read the details prior to enrolment/registration.

This event is governed by rules defined in the 'Notice of Race' and 'Sailing Instructions.' Particpants acknowledge that they have read and understand these documents.

All those participating in the event do so at their own risk and responsibility. Competitors must acknowledge this prior to participating and release the NCYC and its sponsors and their respective officers, employees, volunteers and members from all liability by completing the online registration form as a part of the entry process. Specific attention is drawn to RRS Fundamental Rule 4, which states: “The responsibility for a boat’s decision to participate in a race or to continue racing is hers alone”

Junior Participant Conditions

I/we consent to the abovementioned minor becoming a Junior Member of the Newcastle Cruising Yacht Club (herein known as “NCYC”) and to participate in the sailing activities of the NCYC.

I/we certify that the abovementioned participant is able to swim a minimum of 50 meters and support himself/herself in the water for a minimum of five (5) minutes without assistance. I/we further certify that the abovementioned participant is physically able to participate in the activities, including recovery from the water to a support boat if necessary.

I/we authorise the NCYC to obtain emergency medical assistance it considers necessary in case of injury or accident. I/we undertake to advise the NCYC of any medical condition(s) of the abovementioned participant which may impact/affect their participation. This includes any change to condition(s) over the period of a course/activity.

I/we allow the NCYC to use any photographs taken of the abovementioned participant for the purpose of promotion of sailing and the NCYC to the media and the general public, including such mediums as the NCYC website and social media sites.

I/we acknowledge and accept that the sailing activities are a risk activity. I/we have read and understood the Risk Warning (contained below) issued by the NCYC and I/we voluntarily assume all risks involved with the sailing activity.

In consideration of the NCYC allowing the participant to engage in the sailing activity and at my request, I/we hereby release and indemnify the NCYC and its agents, servants, invitees and members from and against all actions, claims, demands, losses, damages, costs and expenses in respect of or arising from any loss, damage, death or personal injury in respect to or arising from the sailing activities of the NCYC.

Participants are also advised that although the NCYC is covered by third party public liability insurance, this cover DOES NOT extend to participants. Any participant who considers they have a need for insurance must make their own private arrangements with an insurer.

Risk Warning

All sailing activities conducted on Newcastle Harbour and surrounding waters by the Newcastle Cruising Yacht Club (herein known as NCYC) are under a Sailing Event Notification System issued annually by NSW Roads & Maritime Service (herein known as RMS).

This Risk Warning is issued jointly by the NCYC and RMS, pursuant to the Civil Liability Act 2002 to all persons wishing to participate in the sailing activities conducted by the NCYC.

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.

Participants are advised of the risks relating to Newcastle Harbour and that Newcastle Harbour is a salt water coastal inlet with deep water access to the open ocean. Bulk carriers and other large vessels are present in the harbour and present a risk of collision. Sharks, dolphins and other marine animals are present in the Harbour and present a risk of injury.

As an indication, these risks may include, but are not limited to:

• severe and unpredictable 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;
• 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, including boom-strike injuries;
• the absence of immediate medical care and the likelihood that significant delays may occur before medical care is available;
• exposure to the elements for extended periods; and
• the presence of dangerous marine life.

The NCYC and RMS also warn participants that regardless of their best intentions, they may be unable to render assistance to participants who are in distress. There is a risk that emergency medical assistance may be delayed.

Participants are warned to consider the above risks and all other risks before deciding to participate in any sailing event with the NCYC.

Damage Liability

I agree to be bound by the "Terms & Conditions for Borrowing an NCYC Elliott 6" and acknowledge that I have read and understand the terms & conditions of use.  I will provide a credit card number for the damage deposit on or before Registration.  I further acknowledge that the Newcastle Cruising Yacht Club reserves the right to immediately terminate any access to an Elliott 6 for inappropriate or incompetent use during the borrowing period.

By participating in this event, participants understand their liability for any damage up to $1000 per incident for any incident they are a party to as per the Elliott 6 user agreement (available on the event webpage). In the event a charge is deemed appropriate by the OA, an invoice may be directly emailed to the participant(s) for an estimated amount up to a maximum of $1000 per incident.