Mornington Yacht Club Course Terms and Conditions
(including liability waiver)
1. Agreement
The Participant (either personally or by their parent or legal guardian) accepts these terms and conditions (including the Risks) and agrees to abide by the Applicable Rules and all lawful directions of the servants or agents of the Mornington Yacht Club Ltd (MYC).
The Participant warrants that the information provided to MYC in the Course Enrolment form is true and correct.
2. Definitions
Applicable Rules means: The Racing Rules of Sailing 2021-2024 (RRS), Sailing Instructions issued by MYC and any amendments, any specific Course rules whether written or announced verbally at a briefing or by a Course Instructor on or off water, the Code of Conduct and these Terms and Conditions.
Code of Conduct means: the commitment to acceptable behaviour and good sportsmanship (set out below) which MYC requires of the Participant and of which the Instructor or MYC shall be the sole arbiter.
Course means the program of instruction, tuition or coaching relating to sailing or boating for which the Participant’s application for enrolment has been accepted by MYC and in which the Participant takes part. The Course may be conducted over part of a day, a day or a number of days - which may or may not be consecutive.
Course Materials means all documentation produced, published, displayed or distributed either in paper form or electronically by MYC in connection with the Course including but not limited to handbooks, text books, booklets, instruction pages, images and videos, whether charged separately for – and in respect of which MYC retains copyright and may not be republished without written permission of MYC.
Instructor means the person or persons designated by MYC to conduct the Course and to direct, coach, lecture or demonstrate in relation to the Course Materials or any other applicable skills or procedures – and includes any delegate or substitute Instructor.
Participant means the person who has applied for, been accepted by MYC and undertakes the Course and has accepted these Terms and Conditions (by personal signature or by a parent or guardian)
Risks include overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality, shark attack, and other dangers which may result in personal injury, property damage or, in extreme circumstances, death.
Weather conditions means the prevailing and forecast state of waves, wind, rain, visibility and general safety in the vicinity of the Course as determined by MYC in its sole discretion whether having regard to the Bureau of Meteorology or any other source of weather information or not.
3. Liability
The Participant acknowledges and accepts the Risks but nevertheless wishes to undertake the Course and warrants that no inducement or representation of personal safety by MYC is relied upon in doing so. Whilst MYC will take reasonable precautions directed to minimizing the risk of injury, harm or financial loss, MYC will not be liable to the Participant or any person who claims through the Participant for any loss (including consequential loss) damage (whether to property or personal) injury (whether physical or to reputation) whatsoever unless liability cannot be excluded by law and the Participant and/or if the Participant is a minor, the parents or guardian of the Participant, indemnify and hold MYC, the Instructor and the servants and agents of MYC harmless from any claim, action, demand, proceeding or allegation of loss damage or injury which arises from or is in any way connected to the Course. No admission of liability by an Instructor or servant or agent of MYC is valid or binding unless made in writing by or on behalf of MYC.
4. Insurance
Participants should consider the Risks and, where necessary, make their own insurance arrangements. MYC maintains limited insurance cover under a group policy MYC may, in their sole and absolute discretion, make a claim under that insurance policy on behalf of the Participant or others. Where that occurs, the claim must be dealt with by the insurer and under no circumstances shall MYC be responsible for any compensation directly and/or in excess of the amount the insurer pays under that Insurance Policy
5. Obligations on Participant
By enrolling in the course and participating or continuing to participate the Participant warrants that he or she:
(a) is physically able and medically fit to do so and has notified MYC in writing of any and all medical conditions which would or might affect the Participant’s health or capacity and/or the safety of any other person;
(b) will abide by the Code of Conduct and the Applicable Rules
(c) is aware of and accepts the Risks.
(d) is not required to undertake or continue the Course in circumstances where he or she does not feel competent or comfortable in doing so and the sole decision to participate is with the Participant.
6. Medical assistance
Where considered necessary in the sole and absolute discretion of MYC (and in circumstances of emergency or where no other person can be reasonably located) the Participant appoints MYC or its delegate as a limited Power of Attorney for the purpose of arranging medical or hospital treatment (including ambulance transportation) at the Participant’s sole cost.
7. Course Completion Certificate
The Participant will receive a certificate acknowledging completion of the Course unless the Course was not completed. Where appropriate in the sole and absolute discretion of MYC, a Participant not completing the Course may be offered additional tuition, training
or coaching in order to achieve the required standard to obtain the Certificate of Completion.
8. Cancellation Policy and Refund of fees
Cancellation by Participant: In every circumstance where a refund is requested, the first consideration is for MYC to transfer the Participant to an alternative Course. Where this is either not reasonably feasible or possible, the following conditions apply:
i) Notice period to be given by Participant of cancellation –
Where:
ï‚· Less than 7 days written notice is given prior to the Course - No Refund
ï‚· More than 7 and less than 14 days written notice is given prior to the Course - 50% refund (less any transaction fees incurred)
ï‚· More than 14 days written notice is given prior to the Course - 100% Refund (less any transaction fees incurred)
ii) Cancellation due to illness, injury or death:
ï‚· 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) Course cancellation:
ï‚· Where the Course is cancelled by MYC other than as a result of Weather Conditions, a full fee refund will apply;
ï‚· Where the Course is cancelled as a result of Weather Conditions or any other factor which is beyond the control of MYC, the Course will either be rescheduled or a full or partial refund provided at the sole and absolute discretion of MYC.
9. Privacy
Information provided in the enrolment, and any health information provided by Participants to MYC is necessary for the organisation and conduct of the Course and the health and safety of Participants. Use of the information will be subject to the privacy policy of MYC, which is available upon request and which Participants are deemed to have accepted once the Course commences.
10. Photographic materials
All Participants are deemed to consent to:
(a) Photographs and videos being taken of them during their participation in the Course, and each Participant irrevocably authorises and permits MYC to publish or use such images, photographs and videos for promotional or other sailing and boating development and marketing purposes without fee or recompense and any further consent being required. And
(b) MYC publishing and using any Participant’s name, image, likeness and performance in the Course on the MYC website, social media pages and for promotional materials, etc. 
11. Participants’ Code of Conduct
Participants acknowledge that there is great value in the time and commitment that MYC, the Instructor and other associated people contribute and invest in the preparation and conduct of the Course, Behaviour which breaches any Rules will not be tolerated. Key expectations from every Participant in a Course are to:
ï‚· Encourage participants to comply in every respect with the spirit and letter of the Applicable Rules and to respect the Instructor, fellow Participants, MYC officials and all decisions and judgments made by them;
ï‚· Abide by the law, safety requirements and directions as to behaviour;
ï‚· Recognise and appreciate good performances and the skill of all participants;
ï‚· Support all efforts to remove verbal and physical abuse from activities; and
ï‚· Respect the rights, dignity and individual worth of every Participant Instructor and MYC official regardless of their gender, ability, cultural background or religion.