To be eligible to compete in any APBA Sanctioned event, the Boat Owner is required to have current financial membership of the APBA and the driver must hold an appropriately endorsed APBA Competition Licence.

DECLARATION BY THE APPLICANT: An applicant making a false declaration is liable to refusal or cancellation of membership.

This Declaration and Signature is now included on page 5 of this Application.

Return the completed form to your State Licence Issuing Officer. All five pages must be attached and signed/initialled

BOAT OWNER LICENCE APPLICATION AND DECLARATION
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE SIGNING

You apply for a licence to participate in the PB Activities and in consideration of your licence application being accepted, you agree to the terms and conditions below.

Definitions
1) In this licence application and declaration:

Affiliated Club means any power boat club hosting PB Activities.

APBA means the Australian Power Boat Association (ACN 000 991 775).

PB means power boat or power boating.

Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any PB Activities, but does not include:

a. a claim against APBA by any person expressly entitled to make a claim under an APBA insurance policy; or

b. a claim against APBA under any right expressly conferred by its Constitution or regulations.

PB Activities mean performing or participating in any capacity in any authorised, sanctioned or recognised PB Organisation activity during the current APBA membership
year.

PB Organisations mean and include APBA, the State Councils and the Affiliated Club and where the context so permits, their respective directors, officers, members, servants
or agents, including scrutineers.

State Councils mean each of the NSW Australian Power Boat Association (ABN 20 741 105 932); Australian Powerboat Association Victorian Council Inc. (ABN 95 096 248 836); South Australian Council of the Australian Power Boat Association Incorporated (ABN 83 279 401 512); Australian Power Boat Association Queensland State Council Inc. (ABN 15 708 765 790); Australian Power Boat Association - Tasmanian Council (ABN 82 539 622 339); and WA Council of the Australian Power Boat Association (ABN 43 973 912 710).

You refers to one or all of the following as relevant:

a. the applicant for the licence to participate in the PB Activities; and/or

b. the owner or owners of the PB; and

c. where one or more of the above persons are under the age of 18 at the time of lodging this application, both the under 18 applicant(s) and their parent/guardian signatory at the execution clause.

Rules of participation
2) This application and declaration and any other terms and conditions for the PB Activities comprise a contract between you and the PB Organisations, which is necessary and reasonable for promoting and conducting the PB Activities.

3) You acknowledge this application will be accepted upon notification to you by the PB Organisations and you acknowledge that you will be bound by and agree to comply with such rules, terms and conditions as may be imposed by the PB Organisations with respect to the conduct and management of the PB Activities, including but not limited to competition rules and all relevant rules, regulations, policies and codes of conduct of the PB Organisations, as amended from time to time. You agree that you will be subject to, and submit unreservedly to, the jurisdiction, procedures, penalties and any appeal mechanisms of the PB Organisations. You agree that you will follow any rules and/or directions set by APBA or any relevant State Council or Affiliated Club in connection with the PB Activities and understand that if you fail to comply with any such rules or directions you will not be permitted to participate or to continue to participate in the PB Activities and no refund will be given.

4) You agree and certify that the specifications of the boat's hull and motor(s) conform with the rules and restrictions governing the class of event you are entering in the PB Activities.

6) By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the recreational services provided by the PB Organisations may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW), Civil Liability Act 2002 (Tas) and the Civil Liability Act 2002 (WA).

8) By agreeing to these terms and conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities undertaken because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below and in Schedule 1 to this application.

Release and indemnity
10) In consideration of the PB Organisations accepting this application, to the extent permitted by law, you:
a. release and will release the PB Organisations from all Claims that you may have or may have had but for this release arising from or in connection with you participation in the PB Activities;
b. release and indemnify any scrutineer utilised by a PB Organisation prior to your participation in the PB Activities from all Claims that you may have or may have had but for this release arising from or in connection with your participation in the PB Activities, or the relevant scrutineer scrutineering your boat;
c. release and indemnify the PB Organisations against any Claim which may be made by you or on the your behalf, for or in respect of or arising out of your death whether caused by the negligence or breach of contract by any PB Organisation or in any other manner whatsoever; and
d. indemnify and will keep indemnified the PB Organisations to the extent permitted by law in respect of any Claim by any person:
(i) arising as a result of or in connection with your participation in any PB Activities; or
(ii) against any PB Organisation in respect of any injury, loss or damage arising out of or in connection with your failure to comply with PB Organisation rules and/or
directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of a PB Organisation.

Bar to Proceedings
11) You acknowledge that the PB Organisations may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of you or by any person claiming through you. Where you commence proceedings against any PB Organisation, you:
a. will commence those proceedings in the courts of the jurisdiction in which any incident occurs;
b. waive any right to object to the exercise of such jurisdiction;
c. will, where you seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by any PB Organisation) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by any PB Organisation to remove the proceedings to the jurisdiction in which any incident occurs;
d. will pay the costs of any application made by any PB Organisation under paragraph 11(c) and will consent to any application for security of costs made at any time by any PB Organisation; and
e. consent to paying any PB Organisation's legal defence costs of the proceedings (on a solicitor client basis) where any PB Organisation successfully defends the
proceedings.

Insurance
12) You understand that any insurance held by the PB Organisations may not cover you for allinjury, loss or damage sustained and you acknowledge that the PB Organisations do not make any representations about the suitability of any insurance. You also understand you can, in your own interests and at your own expense, seek and obtain personal
insurances over and above any cover that may be provided by the PB Organisations. For the avoidance of doubt, the PB Organisations do not hold personal accident insurance.

SCHEDULE 1

For recreational services or activities provided in NSW or WA:

For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) and Australian Consumer Law (Western Australia) applies:
By agreeing to these terms and conditions, you agree that the liability of the PB Organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) or Civil Liability Act 2002 (WA), as applicable) for any:
(a) death;
(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease;
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
i. that is or may be harmful or disadvantageous to you or the community;
ii. that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the
services) resulting from the supply of recreational services or recreational activities,
is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services or activities provided in Victoria:

For recreational services to which the Australian Consumer Law (Victoria) applies:
Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the suppliers named on this form, the PB Organisations, are required to ensure that the recreational services supplied to you: are rendered with due care and skill; and
(a) are reasonably fit for any purpose which you either expressly or by implication, make known to the supplier; and
(b) might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask you to agree that these conditions do not apply to you. If you agree to this application and declaration, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this application and declaration.
Note: The change to your rights, as set out in this Gross negligence hout consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to this application and declaration, you agree that the liability of the relevant PB Organisations for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012 (Vic)) that may be suffered by you (or a person from whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services is excluded.

For recreational services or activities provided in the ACT, Queensland or Tasmania:
For recreational services to which the Australian Consumer Law (Australian Capital Territory), Australian Consumer Law (Queensland) or Australian Consumer Law (Tasmania)
applies:

By signing this application and declaration, you acknowledge that where you are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of the PB Organisations flowing from them, are expressly excluded to the extent possible by law, by this application and declaration. To the extent of any liability arising, the liability of the relevant PB Organisations will, at the discretion of APBA, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.

For recreational services or activities provided in South Australia:

For recreational services to which the Australian Consumer Law (South Australia) applies:

Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services), there is:
(a) a statutory guarantee that those services will be rendered with due care and skill; and
(b) a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired
(as long as that purpose is made known to the supplier); and
(c) a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights: Under section 42 of the Fair Trading Act 1987 (SA), the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer). If you agree to this application and declaration, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important: You do not have to agree to exclude, restrict or modify your rights by agreeing to this application and declaration. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to this application and declaration. Even if you agree to this application and declaration, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
Agreement to exclude, restrict or modify your rights: You agree that the liability of the PB Organisations for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.

Definitions:
"Recreational services" are services that consist of participation in sporting activity or similar leisure-time pursuit; or any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
"Personal injury" is bodily injury and includes mental and nervous shock and death.
Further information: Further information about your rights can be found at www.ocba.sa.gov.au

For recreational services or activities provided in the Northern Territory:

For recreational services to which the Australian Consumer Law (Northern Territory) applies:

By agreeing to this application and declaration, you agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to you, and the PB Organisations incur no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By agreeing to this application and declaration, you acknowledge that you have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.

Page 4 of 5

For applications to be processed, the following list of documents MUST be either uploaded below or forwarded to 0408242546

1. Proof of Club Membership
2. Registration Papers

💳 Payment Options – Making It Easy for You (and Our Volunteers!)

To help speed up your application and lighten the load for our hardworking volunteers, we’ve provided a few payment options for you to choose from.

How it works:
Head to the Payments Section below, fill in the required details, and your payment will be processed when you submit your licence form.

Prefer an invoice?
If you’re a fan of the classic approach, select Invoice below and our Licensing Team (of one!) will get it out to you ASAP.

NOTE: All required information will be uploaded into an APBA BOAT OWNER LICENCE APPLICATION form to comply with APBA entry and documentation requirements. You will be able to download a completed version from the "Thank You" page after submitting this form.

• I declare that I am in possession of, or will obtain the current Racing & Safety Rules Book and will abide by the Rules & Regulations contained therein. I will not do anything that will or may bring power boating or the APBA into disrepute.

• I declare that I am in possession of a current Boating Registration as required by my State Boating Authority and I acknowledge that this application is conditional on compliance with the applicable State Boating Authority requirements.

• I agree that if my membership of an APBA Affiliated Club lapses or is terminated that I will notify the Association. I understand that I will cease to be a member of the Australian Power Boat Association if my membership to an APBA Affiliated Club ceases.

• I have enclosed the prescribed fee and certify that the particulars given herein are true and correct and I will notify the Association if any change occurs.

Where an owner is under 18 years this application and declaration must also be signed by the applicant's parent or legal guardian.