The Saltwater Veterans Sailing Project is an ACNC registered charity that aims to support veterans and their families and to decrease the social isolation that is common from being Wounded, Injured, or Sick (WIS). Much of what we achieve is supported by a "crew of volunteers" that freely give their time to support.
This Activity Waiver and Release is between yourself as the "participant" and Saltwater Veterans Sailing Project of 22 Melwood Ave, Forestville NSW 2087, and/or any hosting organsation, employee, and volunteer as "the activity provider".
In consideration of the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration
1. Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives, and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
2. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant has signed this Agreement.
3. This agreement applies to all other participants, whether paying a fee or not, participating in operations and programs operated (a) by Saltwater Veterans Sailing Project or (b) on property owned or controlled by Saltwater Veterans Sailing Project (collectively, “Operations”). Such persons shall be referred to herein as “You”, a “participant” or collectively “participants”. As a precondition for any participant to participate in the Operations, each participant must (a) assume all risks of harm from their participation, (b) hold harmless and indemnify Saltwater Veterans Sailing Project and the others described below for all damage or harm caused directly or indirectly by their participation, (c) release Saltwater Veterans Sailing Project and the others described below from any and all damage to themselves resulting from their participation in the Operations, and (d) otherwise agree to abide by the terms and conditions of this agreement. This agreement shall remain in full force and effect from the date it is signed until it is superseded by a new written agreement created by Saltwater Veterans and signed by the participant.
Details of Activity
1. Saltwater Veterans Sailing Project both facilitates its own activities and is invited to advertise and/or participate in other groups' and organisation's activities. Most activities are facilitated by community volunteers that freely give their time to support. The participants acknowledge that the Safety Management of an activity or an event remains with the identified event facilitator or host.
2. The participant will participate in any or all of the following activity or activities: Sailing/Boating, Cycling, Walking, Yoga, Swimming, Paddling, Surfing, Other Activities - each activity has its own inherent dangers that may include injury or death and the participant assumes all risk associated with their activities while at Saltwater Veterans Sailing Project.
Safety is everyone's responsibility - if in doubt or a participant feels unsafe it is their responsibility to highlight their concerns to the facilitator's attention.
3. “Boating” (for the purpose of this agreement “boats” and “boating” include all motorboats, sailboats, kayaks, stand-up paddle boards, and any other water-based Saltwater Veterans Sailing Project activity) is an inherently dangerous activity. The participant assumes all risk associated with their activities while at Saltwater Veterans Sailing Project while using a Saltwater Veterans Sailing Project boat and during any Saltwater Veterans Sailing Project program or event. The participant assumes full responsibility for themself, their choices, and their actions during an activity. Safety is everyone's responsibility - if in doubt or a participant feels unsafe it is their responsibility to highlight their concerns to the facilitator's attention.
4. The participant agrees not to use (either as operator/skipper, or passenger) a Saltwater Veterans Sailing Project boat if the participant is not comfortable with the weather conditions, with a person in their boat, or with the boat itself; or if they are not willing to be fully responsible for damage to themself, the boat or other boats, or to other people.
5. Racing: Participating in racing increases the risk of damage and injury. The participants remain responsible for all such damage according to the terms of this agreement and agree to abide by the applicable Sailing Instructions and Notice of Race in the determination of any such liability. In the event that no such Sailing Instructions or Notice of Race exists, then the Racing Rules of Sailing shall apply.
Boating Safety Obligations While Engaging In Saltwater Veteran Programs
Each Participant agrees to comply with the following rules:
1. Participants must use Saltwater Veterans Sailing Project boats safely and with good judgment and abide by state and federal regulations, rules, and law when operating vessels.
2. Participants may only use (as operator or passenger) boats when they are in good physical health and are physically able to perform the type of effort needed for safe boating.
3. Participants shall always wear a correctly fitting, secured, and approved personal flotation device when boating.
4. Skippers remain responsible for their vessel’s safety (of boat and crew/passengers) as required by the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs)
5. Owners of personally owned vessels remain responsible for all required insurance and licencing requirements to comply with state and federal rules, regulations and law.
Concurrent Release
1. The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
2. The participant hereby acknowledges that serious accidents may occur during boating or other activities connected with Saltwater Veterans Sailing Project Operations, including those related to the current pandemic, and that mortal or serious personal injuries and/or property damage or other loss may result from participation in these Operations as a result of the nature of boating and the pandemic. The participant knowingly assumes all risks of participation, including all risk of personal injury and loss of or damage to the participant or their property.
3. The participant fully understands and appreciates both the known and potential dangers of participating in the Saltwater Veterans Sailing Project operations in light of the current COVID-19 pandemic, and acknowledges that participation in the Saltwater Veterans Sailing Project Operations may, despite Saltwater Veterans’ reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, exposure to others in the participant’s household, and/or death.
Fitness to Participate
The participant acknowledges that the participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the participant from participating in the above-mentioned activity or activities. If required, the participant will obtain a medical examination and clearance.
For the purpose of participating in water activities, YOU MUST be able to swim without a flotation aid for 50 meters. It is YOUR RESPONSIBILITY TO INFORM both us and the activity host club when you attend if you can not achieve this swimming requirement. We will then assess your participation to this activity in accordance with the lead facilitator/host's Safety Management System. Please select YES that you understand this policy - if you are unable to tick "yes", we apologise however our activity is not the right environment for you to participate.
Full and Final Settlement
1. The participant hereby acknowledges and agrees that the participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
2. The Participant understands that by signing this Agreement, the participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above-noted activity.
3. The participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
4. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
This Agreement will be governed by and construed in accordance with the laws within Australia.
