TERMS AND CONDITIONS FOR USE OF CYCSA ELLIOTT 7s

APPENDIX A: BOAT USE:

1. ORGANISATION

 The CYCSA reserves the right to cancel this licence if it observes or has reason to believe the terms & condition of hire are not being followed.

 2. BOAT ALLOCATION and RULES

 The boats must be used as presented and no modifications may be made to the boat (including sponsor logos). Standing rigging tension has been pre-set and must not be altered. Sails as supplied must not be re-cut or altered.

 3. PROHIBITED ITEMS and ACTIONS

  3.1 Any additions, omissions or alterations to the equipment supplied.

  3.2 The use of any equipment for a purpose other than that intended.

  3.3 The use of sails other than what is provided by the CYCA

  3.4 The replacement of any equipment provided.

 3.5 Sailing the boat in a manner that it is reasonable to predict damage would result.

 3.6 Boarding a boat without prior permission.

 3.7 Taking a boat from its berth without having paid the hire fee and damage deposit.

  3.8 Hauling out a boat or cleaning surfaces below the waterline.

 3.9 Using a flattener as a reef.

 3.10 Attaching lines to the fabric of spinnakers.

 3.11 Perforating sails, even to attach tell tales.

 3.12 Adjusting or altering the tension of standing rigging.

 3.12 Using a winch to adjust the mainsheet.

 3.13 Cross winching headsail car sheets.

 3.14 Omitting any headsail car or turning block before sheeting onto a winch.

 3.15 Hiking off winch handles.

 3.16 Cutting any cords or ropes.

 3.17 The use of electronic instruments other than compass and watches

3.18 Sailing with the spinnaker head above the main gooseneck as the boat passes through head to wind.

 3.19 Putting permanent marks on the boats or sheets.

 3.20 Using side stays to facilitate roll-tacking.

 3.21 Leaving any rubbish or personal items on-board after racing.

3.22 Hiring a boat while under the influence of alcohol or drugs.

 3.23 Smoking while on the boat.

 4. PERMITTED ITEMS and ACTIONS

  4.1 Taking a bag on board containing:

• basic hand tools

• adhesive tape
• line (elastic or otherwise of 4mm diameter or less)
• telltale material
• hand held compass
• shackles and device pins

4.2 The use of the contents of the bag to:

• prevent fouling of lines, sails and sheets

• attach tell tails
• prevent sails being damaged or falling overboard.
• mark control settings
• make minor repairs.

 5. MANDATORY ITEMS and ACTIONS

 The following shall be mandatory;

 5.1 To sign out the allocated boat on the Sign Out form in the YSF Container and the completion of a written damage form before leaving a boat and submitting it to the CYCSA, even if no damage or loss is recorded.

 5.2 At the end of each sailing day:

Rolling, bagging and placement of the sails as directed.

• Leaving the boat in the same state of cleanliness as when first boarded that day.
• Placing the boat covers back on and hosing down the boats at the end of each session

 5.3 At the end of each racing day the crew shall clean the boat, remove all rubbish and remove all tape marks.

  5.4 Compliance with any regulations, including speed restrictions and navigation marks, while leaving or returning to the berth or mooring.

 5.5 Infringement of items 5.1 and 5.2 will be considered as damage and the cost of rectification will be deducted from the damage deposit.

 5.6 Wearing an approved buoyancy aid at all times while on-board the boats.

  5.7 Hirer must provide and carry a handheld VHF radio while on-board.

6. EQUIPMENT LIST

 6.1 SAILS and EQUIPMENT:

• Mainsail and set of battens
• 2 Buckets
• 2 Bailer & Sponge
• 1 Spinnaker
• 2 Spinnaker sheets
• Tiller extension
• 1 Jib
• 1Jib sheets
• Flags: Red Flag

APPENDIX B: PERSONAL RESPONSIBILITY:

1. Agreement. I understand that by submitting my enrolment request to the Course and accepting these terms and conditions, I enter into an agreement with Cruising Yacht Club of South Australia Inc (CYCSA), by which I agree to become bound by and comply with:

• these terms and conditions;
• the Course/Event enrolment form;
• all other rules that govern the Course and sailing and boating activities.

2. Definitions. For purposes of these terms and conditions the following definitions apply:

(a) “Course” means the sailing or boating course that I am seeking to register for as selected in my enrolment form;

(b) “Course Materials” means any educational materials published, displayed or distributed as part of or in connection with the Course, such as handbooks, text books, booklets, apostils, instruction pages and videos, whether charged separately for;

(c) “Instructor” means the person or persons ministering the Course;

(f) “Training Centre” means an entity recognised or accredited by Australian Sailing or the Royal Yachting Association to offer sailing or boating courses, including the Course, and its respective directors, officers, servants or agents;

(g) “CYCSA” means the Cruising Yacht Club of South Australia Inc and its respective directors, officers, servants or agents.

3. Information. I acknowledge that it is my responsibility to obtain, read and understand all the applicable Rules and any prerequisites before proceeding with my enrolment and participation in the Course.

4. Code of Conduct. I acknowledge that there is great value on the time and commitment all participants invest in their participation in the Course, and accept that behaviour which breaches any Rules will not be tolerated. Key expectations from a participant in a Course are to:

• encourage participants to play by the rules and respect the officials decisions and that of the Course, Instructor or Training Centre;
• abide by the law;
• appreciate good performances and the skill of all participants;
• support all efforts to remove verbal and physical abuse from activities; and
• respect the rights, dignity and worth of every participant regardless of their gender, ability, cultural background or religion.

5. Registration. I acknowledge that my registration can be accepted or rejected by CYCSA at its discretion in the exercise of its functions

6. If accepted I will be permitted to attend the Course/Event subject to complying with the terms and conditions of the Course/Event, this declaration and any reasonable direction issued by the Course organisers or their representatives.

7. Fitness to Participate: I declare that I am, and must continue to be, medically and physically fit and able to participate in the Course/Event. Should I suffer from or become aware of any illness and/or require medical attention for a pre-existing condition, I will fully disclose all details to CYCSA so that I am not a danger to myself or to the health and safety of others. I will immediately notify CYCSA in writing of any change to my fitness, health and ability to participate in the Course/Event. I understand and accept that except if I advise otherwise in writing, CYCSA will rely upon this declaration as evidence of my fitness and ability to participate in the Course/Event.

8. Refund of fee. Unless otherwise specified by CYCSA in the enrolment form to the Course/Event, the Course fee will be refundable as follows:

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

i) Notice period of Cancellation –

• Less than 7 days prior to the Course/Event - No Refund
• More than 7 and less than 14 days prior to the Course/Event - 50% Refund (less any transaction fees)
• More than 14 days prior to the Course/Event - 100% Refund (less any transaction fees)

ii) Cancellation due to illness, injury or death:

• If a participant is unable to participate in the Course/Event and can produce appropriate evidence, the fee will be fully refunded (less any transaction fee applied by the merchant).

iii) Event cancellation:

• If the Event is cancelled by the event organiser, the fee will be fully refunded (less any transaction fees).

iv) Force Majeure:

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

9. Risks. I understand that participation in sailing or boating activities can be inherently dangerous. Risks include overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality, shark attack and stinger attack which can and do happen, and may result in me being personally injured or my property being damaged. After considering the risks involved, I have voluntarily decided to participate in the Course/Event and assume all potential risks.

10. Weather Conditions. The Course/Event and the conduct of, and participation in the Course/Event will be affected by weather and associated conditions. Given there is often an element of luck with these conditions, I acknowledge and agree that CYCSA cannot control weather and associated conditions, and may postpone or cancel the Course/Event as they think fit. In this event attempts will be made to transfer participants to another Course.

11. Assistance. If required, CYCSA will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by CYCSA where my further consent cannot be obtained, and agree to meet all costs associated with such action

12. Disclaimer. To the maximum extent permitted by law, I understand and agree, as a condition of my enrolment in the Course (if accepted), that Australian Sailing disclaims any liability (whether in tort, including negligence, contract, statutory or otherwise) for any injury (whether fatal or otherwise) or damage arising out of my participation in the Course.

13. Indemnity. I acknowledge that the participation in the Course is my personal decision after having considered all the Rules and risks, and agree in consideration of the acceptance of my enrolment, to indemnify and hold harmless CYCSA from and against any Claim that I or any other person, including my relatives or any other participant in the Course, may have in connection to the eventuation of any risk, damage or injury (including permanent or fatal) I may suffer or cause arising out of my participation in the Course. “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising (whether in tort, including negligence, contract, statutory or otherwise), other than and except to the extent the claim is covered by CYCSA’s insurance policy.

14. Insurance. Part of the Course fees for Australian Sailing Courses/Events will pay for limited insurance cover under a Personal Accident Policy. I understand that the coverage is limited, and in no circumstance Australian Sailing or CYCSA will be responsible for any compensation directly and/or in excess of the amount the insurer pays under that Personal Accident Policy.

15. Privacy: I understand that the information I have provided in my enrolment, as well as any health information I further provide to CYCSA, is necessary for the organisation and conduct of the Course and for the objects of CYCSA. Use of the information will be subject to the privacy policy of CYCSA, which I am responsible to obtain, read and understand. The CYCSA Privacy Policy can be located at http://www.cycsa.com.au/Our-Club.htm.

16. Photographic materials. I consent to photographs and videos being taken of me during participation in the Course/Event, and authorise CYCSA to use such photographs and videos for promotional or other sailing and boating development and marketing purposes without my further consent being obtained. Further, I consent to CYCSA using my name, image, likeness and performance in the Course.