I acknowledge and agree that:
In this regatta entry declaration: “Club” for the purposes of this regatta entry and declaration means and includes the: Albury-Wodonga Sailing Club Incorporated (AWSC), its directors, officers, members, servants, volunteers or agents. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including, but not limited, to negligence but does not include a claim against the Club under any right expressly conferred by its constitution or regulation. "Club Activities" means performing or participating in any capacity in any authorised or recognised Club activity.
1. Warning: Club Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during Club Activities including, but not limited to, physical exertion and injury, bodily contact, falls, equipment failure and unpredictable weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in Club Activities and the regatta specifically.
2. Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied in a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of the Club flowing from them, are expressly excluded to the extent possible by law, by this declaration. To the extent of any liability arising, the liability of the Club will, at its discretion be limited to the resupply of the services or payment of the cost of having the services supplied again.
3. Release and Indemnity: In consideration of the Club accepting my regatta entry I:
a. release and will release the Club from all Claims that I may have or may have had but for this release arising from or relating to and/or participation in any Club Activity; and
b. indemnify and will keep indemnified the Club to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in any Club Activity.
4. Fitness to Participate: I declare that I am medically and physically fit and able to participate in any Club Activity. I will immediately notify the Club in writing of any change to my fitness and ability to participate. I understand and accept that the Club will continue to rely upon this declaration as evidence of my fitness and ability to participate.
5. Consent to medical treatment: If required, the Club will arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken by the Club where my further consent cannot be obtained and agree to meet all costs associated with such action.
6. Privacy: I understand that the information I have provided is necessary for the objects of the Club. I acknowledge and agree that the information may be disclosed by the Club to Australian Sailing - Victoria and will only be used for the objects of the Club and Australian Sailing - Victoria.
7. Copyright and right to use image: I acknowledge and consent to photographs being taken of me during my participation in Club Activities and authorise the Club to use such photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Club using my name, image, likeness and my performance in any Club Activities, at any time, to promote the Club by any form of media.
8. Severance: If any provision of this regatta entry declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this regatta entry declaration or affect the validity or enforceability of it in any other jurisdiction.
9. Conduct: I agree to be bound by the policies of the AWSC Inc., Australian Sailing Inc. and Australian Sailing - Victoria Inc as they are published from time to time on their respective websites. I agree to be bound by the Australian Sailing Member Protection Policy and General Code of Conduct.
10. Safety: I acknowledge that it is my responsibility entirely to ensure my boat complies with the safety prescriptions of Australian Sailing Inc and Australian Sailing - Victoria Inc. and that any such safety equipment required under the safety category declared in this application is always in proper working order.
11. Rules: I agree to be bound by the ISAF Racing Rules of Sailing 2021-2024.
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