You should read this document carefully. It contains information about:
• Your obligations and responsibilities
• Indemnities and medical conditions
• Use of photographs and video
• Medical consent
I, the Applicant, apply to enrol in a Yachting Australia Training Course (‘Course”) conducted by a Yachting Australia Training Centre (“YATC”) affiliated with Yachting Australia Inc (“YAI”). If my application for enrolment is accepted, I agree to undertake the Course upon and subject to the following terms and conditions:
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY.
(a) Fees — The Applicant will pay on demand the stated fees for the Course.
(b) OnBoard Program — If the Applicant indicated “yes” to joining the OnBoard program above this enrolment application the Applicant will become a participant in the YAI OnBoard Program (‘OnBoard”) and agree to be bound by such terms and conditions for OnBoard as are prescribed by YAI. Such terms and conditions are available at www.yachting.org.au or by contacting YAI.
(c) Release and indemnity - In consideration of the acceptance of the Applicants enrolment application the Applicant, to the full extent permitted by law:
(i) releases and forever discharges the Providers from all Claims that the Applicant may have or may have had but for this release arising from or in connection with the Applicant undertaking the Course; and
(ii) indemnifies, will keep indemnified and will hold harmless the Providers in respect of any Claim by any person including but not only any Member of YAI arising as a result of or in connection with the Applicant undertaking the Course.
In this clause (c) “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant insurance policy or under the YAI Constitution or any Regulations.
(d) Insurance — The Applicant acknowledges and agrees that the fees for the Course may include limited personal injury insurance cover at an additional fee. The Applicant may, in the Applicant’s own interests view the full policy wording at www.yachting.org.au.
(e) Medical Conditions — The Applicant warrants that the Applicant (i) is and must continue to be medically and physically fit and able to undertake the Course, (ii) is not a danger to the Applicant or to the health and safety of others, (iii) does not suffer from any blackout, seizure, convulsion, fainting or dizzy spells and (iv) is not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for the applicant to undertake the Course. The Applicant acknowledges and agrees that the Providers may require a medical certificate or opinion as to the fitness of the Applicant from a qualified medical practitioner PRIOR to the Applicant undertaking the Course.
(f) Exclusion of Applicant — The Applicant warrants that the Applicant has not at any time been excluded from sailing by a medical practitioner or any person or entity including YAI and its constituent Member Associations and Clubs.
(g) Rights of a Consumer — The Course is a “recreational service” as defined under the Australian Consumer Law. The Provider specifically excludes liability in respect of personal injury or death that results from supply of these recreational services.
(i) Governing Law — this contract is governed by the laws of Victoria, and the Courts of Victoria shall have exclusive jurisdiction to entertain any action in respect of any such agreement.
(j) Prevailing conditions — The Applicant acknowledges and agrees that: (i) sailing and the Course can and will be affected by the weather conditions; (ii) the Providers can not control the weather and that the weather conditions may change without warning; and (iii) there is an element of the “luck of the prevailing conditions” in undertaking sailing and the Course.
(k) Warning - Sailing carries an element of risk. Serious accidents can happen which may result in the Applicant suffering injury to person and/or property or being killed. The Applicant has read and understood this warning and voluntarily accepts and assumes the inherent risks in sailing.
(l) Severance. If any term(s) or condition(s) of this contract or the application of it to any person or circumstance shall be or become invalid or unenforceable the remaining covenants and conditions shall not be affected but shall be valid and enforceable to the fullest extent permitted by law.
(m) “Providers” — in this agreement, the term “Providers” shall mean and include: (i) the principal, staff and instructors of the relevant YATC; (ii) YAI officers & employees, Yachting Australia Training Limited, affiliated MYAs and yacht clubs; and (iii) where the context so permits, all directors, servants, agents, employees of Providers and other students or persons under the Providers’ control and direction.
(n) I consent to the use of photographs and video being taken of the Applicant and for these images to be used for the purpose of club and course promotion.
(o) In the event that I provide my own boat (sailing or otherwise) for the purpose of participating in this course, I warrant that as the owner and user of this boat, I am solely responsible for maintaining it in a suitable and safe condition at all times during the course.
I have read, or have had read to me the conditions in this form and having understood the same, consent to the activities proposed. In the case of the Applicant being under the age of 18, I warrant that I am the parent / legal guardian of the Applicant and that I give full permission for the Applicant to participate in the Course. I also authorize the Providers, where it is impracticable to communicate with me, to my child receiving such medical or surgical treatment as may be deemed necessary.
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