On behalf of My Club & My Team, I hereby apply to attend the Event. In so applying & in consideration of my application for the Event being accepted I acknowledge & agree that:
- The “Organising Authority” means NSL Management Services Pty Limited, the Host CLub named in the Notice of Race & their respective directors, officers, servants or agents.
- “NSL” for the purposes of this application and declaration means and includes NSL – Management Service Pty Ltd & its respective directors, officers, servants or agents.
- The “Event” means the SAILING Champions League event named in the Notice of Race and more fully described in the Notice of Race (the “Notice of Race”).
- “My Club” means the club identified in the signatory section below. Unless otherwise specified below, My Club includes the individuals which make up My Team.
- “My Team” means members of My Club nominated as the skipper & crew.
- If accepted My Club will be permitted to attend & participate in the Event subject to complying with the terms & conditions of the Event including the Notice of Race & Sailing Instructions, & any reasonable direction issued by the Organising Authority.
- The Notice of Race and this declaration comprise a contract between My Club and the Organising Authority.
- Warning: Participation in a sailing event can be inherently dangerous. Risks including but not limited to overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality & shark attack can & do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume on behalf of My Club the inherent risks in the Event. If required, the Organising Authority will arrange medical or hospital treatment (including ambulance transportation).
- Exclusion of Liability: Except where provided or required by law & such cannot be excluded, I agree that it is a condition of My Club’s entry to the Event (if accepted) that the Organising Authority & NSL is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the Event.
- Release & Indemnity: In consideration of the Organising Authority accepting My Club’s application for entry to the Event My Club
(a) release & forever discharge the Organising Authority from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
(b) indemnify & hold harmless the Organising Authority to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Event arising as a result of or in connection with my participation in the Event.
In this clause ‘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 Event or Organising Authority insurance policy.
- Fitness to Participate: I declare that all members of My Team, are and must continue to be medically and physically fit and able to participate in the Event. Should I (or members of My Team) suffer from an allergy and/or require medical for a pre-existing condition I shall fully declare all necessary details to the Organising Authority. I (and members of my team) are not & must not be a danger to myself or to the health and safety of others. I will immediately notify the Organising Authority in writing of any change to the fitness and ability to participate of all members of My Team. I understand & accept that the Organising Authority will continue to rely upon this declaration as evidence of my and My Team’s fitness and ability to participate.
- Privacy: I understand that the information I have provided is necessary for the conduct of the Event. I acknowledge and agree that the information provided will only be used by the Organising Authority to facilitate the conduct of the Event and other Events conducted by NSL.
- I acknowledge and consent to photographs and videos being taken of My Club during participation in the Event and authorise NSL to use such photographs and videos for promotional or other sailing & boating development and marketing purposes without my further consent being obtained. Further, I consent to the Organising Authority and NSL using My Club’s name, image, likeness and performance in any NSL activities, at any time, to promote NSL by any form of media.
- I understand that I will be able to access my information through the Organising Authority.
- Prevailing conditions: The Event and the conduct of, and participation in the Event will be affected by weather and associated conditions. Given there is often an element of the ‘luck of the prevailing conditions’ in entering and competing in the Event I acknowledge and agree that the Event organisers cannot control weather & associated conditions.
- Where a member of My Team is under 18 years of age the parent or guardian of that Team Member is required to expressly agree to be responsible for the Team Member’s behaviour and agrees to personally accept the conditions set out above including the provision of a release and indemnity in the terms set out above.
- Code of Conduct. The Event places great value on the time & commitment all participants invest & will not accept behaviour which breach the Racing Rules of Sailing or the relevant Code of Conduct detailed in the Australian Sailing Member Protection Policy. The key expectations are to:
- Encourage participants to play by the rules & respect the officials’ decisions & those of the Event or event organiser
- Abide by the law;
- Appreciate good performances & the skill of all participants;
- Support all efforts to remove verbal & physical abuse from activities; and
- Respect the rights, dignity & worth of every participant regardless of their gender, ability, cultural background or religion.
- Refund Policy. Unless otherwise specified by the Organising Authority if My Club cancels their participation in the Event, no refund will be made.
- I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of liability, release & indemnity.
- I acknowledge that if My Club’s application to enter the Event is successful My Club will be entitled to participate in the Event.
- I acknowledge that I am authorised by My Club to make this declaration.