ANNEXURE “A”
1 Participation in this event, being an ocean yacht race is organised as a recreational activity planned to take place on the waters of Moreton Bay and the open ocean between Brisbane and Gladstone.
2 Confirms that he or she is aware that there are many obvious risks in taking part in this ocean yacht race and that he or she is satisfied that they have carefully considered such obvious risks and voluntarily accept the risk that flows from taking part in this yacht race.
3 Has confirmed that he or she has received and understood a risk warning provided to them by QCYC and agrees that the risk of something happening to them or other members of their crew or the vessel are obvious risks even though there may be a low probability of the risk occurring, and even if the risk, or a circumstance that gives rise to a risk, may not be prominent, conspicuous or physically observable.
4 Has decided to take part in this ocean yacht race based on their own reading of literature dealing with sailing in heavy weather and sailing in semi-tropical waters.
5 Confirms that he or she has not asked for or received any advice from or anyone acting on behalf of QCYC.
6 Waives any claim he or she may separately in the future have against, and release from all liability, and agree not to sue, QCYC, agents or representatives (staff) in respect of any personal injury, death, property damage, or loss sustained by me as a result of my participation in this open ocean yacht race, due to any cause whatsoever, including, without any limitation, negligence on the part of QCYC or its staff, agents or representatives.
7 Agrees that if he or she as a crew member, suffers injury or illness of any kind whatsoever, the owner, charterer or skipper can, completely, at their cost, arrange medical treatment and emergency evacuation service, as the owner/charterer/skipper deems essential for his or her safety or for the safety of other participants in the adventure, trip, expedition and agrees to reimburse QCYC within 14 days for any expenses incurred as a result of the medical treatment and/or emergency evacuation services if any.
8 Each participant acknowledges that references in this form to ‘Rules’ are references to the safety requirements specified in the Brisbane to Gladstone Yacht Race NOTICE of RACE and they each certify that the safety equipment is properly maintained and stowed and separately affirms that they know where the equipment is kept and how it is to be used. Each of us separately affirms that we know where the equipment is kept and how it is to be used.
9 Accepts that it is the sole and exclusive responsibility of each boat to decide whether or not to start in the race or, once having started, whether to continue to race.
10 Collectively and separately, accept full responsibility for any mishaps which might befall the boat and its crew during the race. We are aware that the Queensland Cruising Yacht Club does not accept any responsibility to us or our boat, nor do they accept responsibility of any kind for any third parties with whom we and/or the boat may become involved.
11 Equipment required to be kept on the vessel in accordance with of the NOTICE of RACE functions properly, is readily accessible and is of a type, size and capacity suitable and adequate for the race. He or she acknowledges that the race is a coastal passage race across open water where a high degree of self-sufficiency of boat and crew is required.
12 Agrees that the boat is self-righting and complies with the Stability requirements, is fit for purpose, strongly built, water tight and is capable of withstanding solid water and knock downs. It is properly rigged and ballasted.
13 Is are satisfied that the boat carries on board:
·. Adequate tools for repairs at sea;
· Spare parts to satisfy the requirements of a prudent owner/charterer/skipper and crew.
14 Is are aware that Special Regulations recommend that a grab bag be carried on the boat containing the items named in Special Regulations Part 1 Section 4.20.1.
15 Grant permission to QCYC and its respective committees and staff to transmit any and all communication from or to our boat during the race relating to position reports and other information relating to the progress of the boat and welfare of the crew during the race.
16 Agree that the data we provide may be stored, to assist the running of this boat race for safety purposes.