In this agreement unless the context otherwise requires:

Boat shall mean the boat chartered to the Sailor from time to time

Boat Owner shall include the person or company entitled to claim ownership from time to time of the Boat

Charter in many racing events teams and crews change boats during the event so that a Sailor
may sail in a number of different boats during the event. In such circumstances the
term ‘charter’ shall apply to whichever boat is being sailed by a Sailor from time to
time during the event

Chief Sailing Officer means the Chief Sailing Officer from time to time of the Royal Thames Yacht Club and his appointed representative

Damage shall include any damage or loss to the Boat, her equipment or sails or to another boat, her equipment or sails, that may be caused to that boat as a result of an incident where the Boat is wholly or partially at fault. In addition the cost of cleaning and tidying the Boat and her equipment if necessary after the end of the Charter will be charged as damage.

Damage Deposit shall be the amount specified in the Notice of Race governing the event for which the Boat is chartered or the amount specified to the Sailor by the Chief Sailing Officer in writing 

Equipment shall mean the equipment supplied with the Boat at the commencement of the Charter, being the equipment listed on the list attached to a bulkhead in the Boat at that time

Words importing one gender include all other genders and words importing the singular include the plural and vice-versa

1. The Sailor confirms that he is fit to sail the Boat and is competent to do so in the capacity or capacities stated in the particulars. If he has stated that he is competent as a helm and/or crew he has had sufficient experience in that capacity to justify his statement.
2. The Sailor confirms that he is physically fit and able to withstand the rigours of sailing in the conditions anticipated during the Charter.
3. The Sailor will only sail the Boat in weather and conditions that he reasonably considers that the crew as a whole on board at the time is competent to cope with.

1. The Sailor will not sail the Boat unless he is satisfied that at least two other crew members are competent and experienced sailors able to sail this type of boat and that not more than one crew member is on board to gain that experience.
2. The Sailor acknowledges that the Boat Owner has the right at any time to provide a representative to be on board the boat for the purposes of assessing the competence of the helm and/or the crew to sail the Boat. If in the unfettered opinion of that representative those on board are not competent as
   aforesaid the representative acting on behalf of the Boat Owner may terminate contract immediately and take possession of the Boat, in which case all fees paid shall be forfeit. 
3. The Sailor will comply where applicable with the following:
   (a) the Racing Rules of Sailing;
   (b) the Southampton Harbour Bylaws;
   (c) the requirements of the Cowes Harbour Master;
   (d) the bylaws of Queen Mary Sailing Club;
   (e) and all other rules and regulations relevant during the Charter.
4. The Sailor is jointly and severally responsible with the rest of the crew for the payment of the charter fee which will be either (a) the entrance fee for the event if it is an event for which the organising authority is the Boat Owner or another company closely associated with the Boat Owner ; or (b) will have been notified to him in writing by the Boat Owner before the commencement of the Charter.
5. If the sailor is a member of the Royal Thames Yacht Club, the fee may be added to his club account and charged in the usual way; if he is not a member he will be required to pay before going on board the Boat.
6. A Charter shall commence as follows:
   (a) if the charter is for a event where the organising authority is the Boat Owner or another company closely associated with the Boat Owner at registration; or if not
   (b) at the time specified by the Chief Sailing Officer
7. A charter shall end as follows:
   (a) if the Charter is for a race where the organising authority is the Boat Owner or another company closely associated with the Boat Owner at the end of protest time for the last race on the last day of the event, or, if the Boat is not moored alongside her home port by that time, whenever she is so moored alongside; or if not
   (b) at the time specified by the Chief Sailing Officer.

1. The Sailor will inspect the Boat carefully with the rest of the crew as soon she is boarded. He will also check with them that the Equipment is on board the Boat and is in satisfactory condition. He will report any damage they find to the Chief Sailing Officer before taking responsibility for the Boat and her Equipment. Thereafter it is accepted that the Boat and her Equipment is the responsibility of the Sailor and the rest of the crew and the provisions of this part of this agreement shall apply. 
2. The Sailor will report to the Chief Sailing Officer as soon as possible any Damage of which he becomes aware. 
3. The Sailor acknowledges that he is responsible for any such Damage, which may occur jointly and severally with the rest of the crew to a maximum of the Damage Deposit
4. Before the commencement of the Charter the Sailor acknowledges that he will become liable for the full amount of the Damage Deposit. The damage charge attributable to the insurance aspect of the cost of repair will not exceed the Damage Deposit, but the Boat Owner reserves the right to charge in addition
   any costs incurred by it effecting temporary repairs needed to make the Boat available to continue to sail in the event for which the Boat has been chartered or for one planned for the future. If the Sailor is a member of the Royal Thames Yacht Club the Damage Deposit may be charged to his club account; if he is not such a member he may pay it in cash to the Chief Sailing Officer or provide him with details of a credit card account with sufficient credit to permit a charge of the whole of the Damage Deposit to be made against that account. The Boat Owner acknowledges that in the normal course any charge to be made for Damage will be charged equally against all crew members aboard the Boat at the time that the Damage occurs. 
5. The Sailor acknowledgesthat an additional contribution may be required if Damage occurs and the Sailor wishes to continue sailing in the boat. 
6. The Sailor acknowledges that his liability for the cost of repair of Damage shall be assessed by the Chief Sailing Officer in his absolute discretion whether or not the incident which caused the damage is attributed to the Boat. 
7. The Sailor also acknowledges that the inspection of the Boat and assessment of the cost of the Damage and his liability may take place after the end of the Charter and after he has left the reservoir or the marina after handing her over to the Chief Sailing Officer. 
8. In all cases where it is impractical for the Sailor to make a report in this section to the Chief Sailing Officer he may make it to the Race Committee.

1. The Sailor will ensure that all harbour dues, race entry fees and berthing fees are paid and will not do anything whereby the Boat may become liable to arrest or detention.
2. When sailing a Sonar, the Sailor will not take the Boat outside Queen Mary Reservoir without the consent in writing of the Chief Sailing Officer.
3. When sailing a J70, the Sailor will not to take the Boat east of the Nab Tower nor west of the Needles Channel nor south of a distance of two nautical miles from St Catherine’s Head without the consent in writing of the Chief Sailing Officer.
4. The Sailor will not do any act or omit to do any act which may render void the insurance policy covering the Boat. (A copy of the insurance policy is available for inspection on request.
5. Notwithstanding anything contained in this Agreement, the Sailor understands that the Boat’s insurance only provides cover for her while she is sailing on the inland and coastal waters of the United Kingdom, excluding the Channel Islands, the Isle of Man and Northern Ireland. If for any reason she is taken beyond those limits and she suffers damage, it is appreciated that the Sailor will be personally and liable jointly and severally with all those on board for any damage that arises including damage to third parties to the full extent of each of their fortunes.
6. The Sailor will ensure:
   1. that the persons on board the Boat shall at no time exceed five in number and that all those on board
   2. will all wear a personal flotation device at all times when afloat;
   3. that all equipment on board is secured and that at no time is the Boat left unattended until returned at the end of the Charter, other than for an overnight stay in Shepards or a venue agreed by the Chief Sailing Officer;
   4. that in the event of damage occurring to the Boat or to any third party or vessel as a result of a collision no admission as to liability is made;
   5. that as soon as is practicable any damage to the Boat or the failure of any gear is reported to the Chief Sailing Officer and that no repair work is commenced without the prior consent of Chief Sailing Officer, and to use his best endeavours to minimise the effects of such damage or gear failure, without endangering the Boat or any of those on board or any third party.
   6. that the Boat is not sailed in weather conditions which render it unsafe so to do;
   7. that no restricted or illegal goods such as drugs, firearms or explosives are brought on board the Boat.
   8. that the Boat is at all times sailed exercising all due skill and judgement to ensure the safety of the Boat and the crew, and other water users.
   9. that no removal, or adjustment, or alteration to the tension of the forestay or the shrouds and that none of the fittings or equipment on the Boat are removed or altered.
7. The Sailor will not and will not permit any other person on board the Boat to manoeuvre the Boat at any time when he or such other person is under the influence of or his or their judgement is impaired by alcohol or drugs.
8. The Sailor will not take nor co-operate in taking the Boat on to the highway at any time without the consent in writing of the Chief Sailing Officer and, if such consent is obtained, only do so upon the conditions imposed in such written consent and shall take her to the place or places stated in that consent for the purpose stated in such written consent, and furthermore when towing the Boat he undertakes only to do so with a vehicle adapted for that purpose and of sufficient power that it is appropriate to tow the Boat on the trailer provided by the Boat Owner for that purpose. He further undertakes to secure the Boat properly on that trailer and not to tow the Boat on the highway with any other trailer.