Terms

Australian Dragon Boat Federation

IMPORTANT INFORMATION

1. Insurance

Your membership includes cover for Personal Accident insurance . - https://vinsurancegroup.com/dragonboat/ You should be aware that the policy coverage may change during the course of your annual membership as it is renewed each July.

2. Data Collection

When you join/renew your membership with dragon boat , you will see AusDBF has created 6 additional fields (questions) which will allow AusDBF to gather data for all people in Australia engaged in dragon Boat. The intention of this is to support everyone engaged in the sport. Learning more about the Australian dragon boat community will help AusDBF make the sport an inclusive and welcoming environment for all.

Q1. Do you identify as being Aboriginal or Torres Strait Islander?

Q2 Do you identify as being from a culturally and linguistically diverse background?

Q3 Do you identify as a person with a disability?

Q4 Do you identify as an LGBTQ+ person?

Q5 Other than English what the main language you use at home?

Q6 Have you served or are currently serving in the Allied Defence Forces?

Below is further information to assist with the meaning of 'disability'

(the survey of Disability, Ageing and Carers (SDAC) describes disability as the following:

Any limitation, restriction or impairment which restricts everyday activities that has lasted, or is likely to last, for at least 6 months
Can be broadly grouped depending on whether they relate to functioning of the mind or the senses, or anatomy, or physiology
The below 6 disability groups refer to a single disability or several broadly similar disabilities

1. Sensory

Loss of sight (not corrected by glasses or contact lenses)
Loss of hearing where communication is restricted or an aid is used
Speech difficulties

2. Intellectual

Difficulty learning or understanding

3. Physical

Shortness of breath or breathing difficulties that restrict everyday
Blackouts, seizures or loss of consciousness
Chronic or recurrent pain or discomfort that restricts everyday activities
Incomplete use of arms or fingers
Difficulty gripping or holding things
Incomplete use of feet or legs
Restriction in physical activities or in doing physical work
Disfigurement or deformity

4. Psychosocial

Nervous or emotional condition that restricts everyday activities
Mental illness or condition requiring help or supervision
Memory problems or periods of confusion that restrict everyday activities
Social or behavioural difficulties that restrict everyday activities

5. Head injury, stroke or acquired brain injury

Head injury, stroke or other acquired brain injury with long term effects that restrict everyday activities

6. Other

Receiving treatment or medication for any other long-term conditions or ailments and still restricted in everyday activities
Any other long term conditions resulting in a restriction in everyday activities

Dragon Boat Victoria Inc.

ABN 66 340 170 411

Dragon Boat Victoria Inc.

PARTICIPANT DECLARATION: MEMBER

The individual listed overleaf hereby applies to participate in the Sport as governed by Dragon Boat Victoria Inc. (DBV) as a member of DBV. The individual declaration reads:

In consideration of my application for participation as a DBV member being accepted I acknowledge and agree that:

In this Participant Declaration:
1. "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 a DBV under any right expressly conferred by its constitution or regulation.
2. “DBV” means Dragon Boat Victoria, which trades as Dragon Boat Victoria Incorporated ABN 66 340 170 411 and, where the context so permits, its respective directors, officers, members, volunteers, employees, servants, sponsors or agents.
3. "Sport" means the sport of dragon boat racing.
4. "Sporting Activities" means performing or participating in the Sport or activities in support of such performing or participating in any capacity that includes, but is not limited to, participation in training, competitions, regattas, volunteering, coaching or as an official whether at DBV or at events held outside of DBV.
If my participant declaration is accepted, I acknowledge that I will be bound by and agree to comply with the rules applying to the Sporting Activities and the constitution, regulations, policies and directions of DBV.
Warning: I understand and acknowledge that the Sporting Activities are are inherently dangerous and may cause injury. I acknowledge that I am exposed to certain risks during Sporting Activities and 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 the Sporting Activities and acknowledge and agree that I participate in all Sporting Activities at my own risk.
Exclusion of Implied Terms: Warning Under the Australian Consumer Law: Under the provisions of the Australian Consumer Law (ACL), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form (being DBV) is required to ensure that the recreational services it supplies to you are: rendered with due care and skill; and are fit for the purpose for which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the ACL, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence", in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See section 22(3)(b) of the ACL and regulation 5 of the Australian Consumer Law Regulations.
Release and Indemnity: In consideration of DBV accepting my application for participation I, to the extent permitted by law I hereby release exempt and indemnify DBV, its management committee, its sponsors and agents in respect of all liability whatsoever and however caused whether by negligence or otherwise which may arise in connection with my participation in DBV or external regattas and events and agree that any conditions implied by the Australian Consumer Law to the extent I agree to waive them as set out under the “WARNING UNDER THE AUSTRALIAN CONSUMER LAW” are excluded. This release continues forever and binds my heirs, successors, executors, administrators, personal representatives and assigns.
Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities and that I know of no medical or physical condition that would or could be reasonably considered to prevent my participation in the Sporting Activities or make the Sporting Activities unsafe for me. I will immediately notify DBV in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that in the absence of notice by me to the contrary, DBV will continue to rely upon this declaration as evidence of my fitness and ability to participate.
Medical Treatment: In the event I am unable to provide express consent, in the event of emergency, I consent to receiving any medical treatment that DBV reasonably considers, on the provision of appropriately qualified medical advice at the time of the emergency, necessary for me where caused by my participation in Sporting Activities. I also agree to reimburse the relevant DBV for any costs or expenses incurred in providing me with such emergency medical treatment.
Right to Use Image: In consideration for my involvement with DBV, I agree, acknowledge and consent to photographs and electronic images being taken of me during my participation in any Sporting Activities by DBV. I acknowledge and agree that such photographs and electronic images are owned by DBV and it may use the photographs for promotional or other purposes without my further consent being necessary and I hereby agree to such use. Further, I consent to DBV using my name, image, likeness and also my performance in the Sporting Activities, at any time, by any form of media, to promote the Sporting Activities or DBV without any compensation or further consideration being payable to me.
Privacy: I understand that the personal information I have provided in this Participation Declaration is necessary for the objects and purposes of DBV as set out in this Participation Declaration and DBV’s Privacy Statement and that DBV agrees to keep my personal information confidential or otherwise to restrict its use and access to my personal information in accordance with this clause and the DBV Privacy Statement. I acknowledge and agree that my personal information will be disclosed by DBV only to pursue its objects and general business or otherwise in accordancde with the DBV Privacy Statement and will not otherwise be used or disclosed for any other purpose. I understand that I will be able to access, correct and obtain a copy of my personal information on request. I further understand that if the information required by this Declaration is not provided my membership application may be rejected. I acknowledge that DBV may also use my personal information for the purposes of providing me with promotional material from DBV’s sponsors or third parties and I expressly consent to such disclosure. I may advise DBV if I do not wish to receive any sponsor or third party promotional material. I confirm that I have read and agree with the DBV Privacy Statement.
Severance: If any provision of this participation declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of 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 membership declaration or affect the validity or enforceability of it in any other jurisdiction.
I have provided the information required and signed this paddler declaration. I warrant that all information provided by me in this Participant Declaration is true and correct to the best of my knowledge.
By e-signing this Participant Declaration I agree to comply with the DBV Code of Conduct.
This Participant Declaration is governed by the Law of the State of Victoria.

I acknowledge and accept that I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity. Where the applicant is under 18 years of age this declaration must also be signed by the applicant’s parent or legal guardian.

As a parent or guardian of the applicant. I authorise and consent to the applicant undertaking the Sporting Activities. In consideration of my child’s participation being accepted by DBV, I expressly agree to be responsible for my child’s behaviour and agree to accept in my capacity as parent or guardian, the terms set out in this Participant Declaration, including the provision by me of a release and indemnity on the terms set out above. In addition, I agree to be bound by and to comply with DBV’s constitution and any regulations and policies made under it.

Each participant is to complete and sign to accept these terms.

Paddling in a dragon boat is a dangerous recreational activity that involves a number of significant risks of physical harm. Dragon Boating has a number of obvious risks and a number of risks which are not so obvious, but which are nonetheless significant risks of physical harm. In engaging in dragon boating, participants are warned of the following risks: death by drowning, death, permanent disability, paralysis, shoulder dislocation, rotator cuff injuries, broken limbs, blisters, back complaints (including disc prolapse), bruising, needle stick injuries, cuts, cuts from broken glass, viral and bacterial infections from water pollution, shark attack, hypothermia, dehydration, sunstroke, skin cancer, exhaustion and lack of concentration. A number of the risks identified above are clearly obvious risks and are inherent in the sport, whereas a number of the risks identified above arise from the environment in which the sport is conducted (for example, where and how we load the boats, use of a slippery ramp etc). None of the risks should be ignored or taken lightly. I accept and acknowledge these risks are provided as a risk warning pursuant to the Australian Consumer Law.

In agreeing to this waiver form I also acknowledge the following:

1. I have viewed and fully understand the procedure to follow in the event of a capsize, as demonstrated in the safety video at http://www.youtube.com/watch?v=go4w1Q8q3FU
2. I confirm I am equipped to apply all safety procedures and respond to the safety commands of the sweep and/or safety personnel as required.
3. Evidence that this declaration has been signed will be recorded on my revolutioniseSPORT file.
4. I have advised my club if I can swim 50m fully clothed.

Geelong Dragon Boat Club

ABN 49 296 657 372

Geelong Dragon Boat Club Inc.

2019/20 SEASON PARTICIPANT DECLARATION: MEMBER

The individual listed overleaf hereby applies to participate in the Sport as governed by Dragon Boat Victoria Inc. (DBV) as a member of GDBC. The individual declaration reads:

In consideration of my application for participation as a GDBC member being accepted I acknowledge and agree that:

In this Participant Declaration:
1. "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 a GDBC under any right expressly conferred by its constitution or regulation.
2. “GDBC” means Geelong Dragon Boat Club, which trades as Geelong Dragon Boat Club Incorporated ABN 49 296 657 372 and, where the context so permits, its respective directors, officers, members,
  
  volunteers, employees, servants, sponsors or agents.
3. "Sport" means the sport of dragon boat racing.
4. "Sporting Activities" means performing or participating in the Sport or activities in support of such
  
  performing or participating in any capacity that includes, but is not limited to, participation in training, competitions, regattas, volunteering, coaching or as an official whether at GDBC or at events held outside of GDBC.
If my participant declaration is accepted, I acknowledge that I will be bound by and agree to comply with the rules applying to the Sporting Activities and the constitution, regulations, policies and directions of GDBC.
Warning: I understand and acknowledge that the Sporting Activities are are inherently dangerous and may cause injury. I acknowledge that I am exposed to certain risks during Sporting Activities and 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 the Sporting Activities and acknowledge and agree that I participate in all Sporting Activities at my own risk.
Exclusion of Implied Terms: Warning Under the Australian Consumer Law: Under the provisions of the Australian Consumer Law (ACL), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form (being GDBC) is required to ensure that the recreational services it supplies to you are: rendered with due care and skill; and are fit for the purpose for which you, either expressly or by implication, make known to the supplier; and might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the ACL, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence", in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See section 22(3)(b) of the ACL and regulation 5 of the Australian Consumer Law Regulations.
Release and Indemnity: In consideration of GDBC accepting my application for participation I, to the extent permitted by law I hereby release exempt and indemnify GDBC, its management committee, its sponsors and agents in respect of all liability whatsoever and however caused whether by negligence or otherwise which may arise in connection with my participation in GDBC or external regattas and events and agree that any conditions implied by the Australian Consumer Law to the extent I agree to waive them as set out under the “WARNING UNDER THE AUSTRALIAN CONSUMER LAW” are excluded. This release continues forever and binds my heirs, successors, executors, administrators, personal representatives and assigns.
Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Sporting Activities and that I know of no medical or physical condition that would or could be reasonably considered to prevent my participation in the Sporting Activities or make the Sporting Activities unsafe for me. I will immediately notify GDBC in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that in the absence of notice by me to the contrary, GDBC will continue to rely upon this declaration as evidence of my fitness and ability to participate.
Medical Treatment: In the event I am unable to provide express consent, in the event of emergency, I consent to receiving any medical treatment that GDBC reasonably considers, on the provision of appropriately qualified medical advice at the time of the emergency, necessary for me where caused by my participation in Sporting Activities. I also agree to reimburse the relevant GDBC for any costs or expenses incurred in providing me with such emergency medical treatment.
Right to Use Image: In consideration for my involvement with GDBC, I agree, acknowledge and consent to photographs and electronic images being taken of me during my participation in any Sporting Activities by GDBC. I acknowledge and agree that such photographs and electronic images are owned by GDBC and it may use the photographs for promotional or other purposes without my further consent being necessary and I hereby agree to such use. Further, I consent to GDBC using my name, image, likeness and also my performance in the Sporting Activities, at any time, by any form of media, to promote the Sporting Activities or GDBC without any compensation or further consideration being payable to me.
Privacy: I understand that the personal information I have provided in this Participation Declaration is necessary for the objects and purposes of GDBC as set out in this Participation Declaration and that GDBC agrees to keep my personal information confidential or otherwise to restrict its use and access to my personal information. I acknowledge and agree that my personal information will be disclosed by GDBC only to pursue its objects and general business. I understand that I will be able to access, correct and obtain a copy of my personal information on request. I further understand that if the information required by this Declaration is not provided my membership application may be rejected. I acknowledge that GDBC may also use my personal information for the purposes of providing me with promotional material from GDBC’s sponsors or third parties and I expressly consent to such disclosure. I may advise GDBC if I do not wish to receive any sponsor or third party promotional material.
Severance: If any provision of this participation declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of 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 membership declaration or affect the validity or enforceability of it in any other jurisdiction.
I acknowledge and accept that I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity. Where the applicant is under 18 years of age this declaration must also be signed by the applicant’s parent or legal guardian.

As a parent or guardian of the applicant. I authorise and consent to the applicant undertaking the Sporting Activities. In consideration of my child’s participation being accepted by GDBC, I expressly agree to be responsible for my child’s behaviour and agree to accept in my capacity as parent or guardian, the terms set out in this Participant Declaration, including the provision by me of a release and indemnity on the terms set out above. In addition, I agree to be bound by and to comply with GDBC’s constitution and any regulations and policies made under it.

Each participant is to complete and sign to accept these terms.

Paddling in a dragon boat is a dangerous recreational activity that involves a number of significant risks of physical harm. Dragon Boating has a number of obvious risks and a number of risks which are not so obvious, but which are nonetheless significant risks of physical harm. In engaging in dragon boating, participants are warned of the following risks: death by drowning, death, permanent disability, paralysis, shoulder dislocation, rotator cuff injuries, broken limbs, blisters, back complaints (including disc prolapse), bruising, needle stick injuries, cuts, cuts from broken glass, viral and bacterial infections from water pollution, shark attack, hypothermia, dehydration, sunstroke, skin cancer, exhaustion and lack of concentration. A number of the risks identified above are clearly obvious risks and are inherent in the sport, whereas a number of the risks identified above arise from the environment in which the sport is conducted (for example, where and how we load the boats, use of a slippery ramp etc). None of the risks should be ignored or taken lightly. I accept and acknowledge these risks are provided as a risk warning pursuant to the Australian Consumer Law.

In signing this waiver form I also acknowledge the following:
I have viewed and fully understand the procedure to follow in the event of a capsize, as demonstrated in the safety video at http://www.youtube.com/watch?v=go4w1Q8q3FU
I confirm I am equipped to apply all safety procedures and respond to the safety commands of the sweep and/or safety personnel as required.
Evidence that this declaration has been signed will be recorded on my Revolutionise SPORT file.
I can swim 50m fully clothed – YES / NO (Circle one answer)
Signature.......................................... ................date.................................
(if applicable) Parent/ Guardian’s Name.................................................................
Signature............................................. ........................Date...................................