DOUBLE BAY SAILING CLUB BOAT SHARE TERMS

1. INTRODUCTION

What this document is about

This document sets out the rules, and the rights and obligations concerning the Double Bay Sailing Club boat share program (DBSC Boat Share). It applies to Double Bay Sailing Club Inc. (DBSC) and participants in the DBSC Boat Share (Boat Share Members)/(you).

Legally binding agreement

(a) This document is intended to be a legal agreement between DBSC on the one hand and individual Boat Share Members on the other.

(b) By signing this agreement you warrant you have capacity to enter this agreement and either you are 18 years or over or clauses 1(c) and 1(d) apply.

(c) If you are under 18 you must sign this agreement and one or both of your parents or guardians (Parent) must sign this agreement.

(d) Any Parent signing this agreement does so on the basis they agree (in consideration of DBSC entering this agreement with the guaranteed Boat Share Member at the request of the Parent) to guarantee to DBSC the performance by the guaranteed Boat Share Member of all of their obligations under this agreement, and the Parent indemnifies DBSC for any liability, cost or expense (including legal costs) on a full indemnity basis incurred by DBSC arising in connection with this agreement.

Additional rules and variation of agreement

(e) DBSC may from time to time publish (by any means including notification on its website, in the newsletter, or through the booking system for the DBSC Boat Share) additional rules or requirements for the DBSC Boat Share and Boat Share Members must familiarise themselves and comply with those rules or requirements.

(f) DBSC may by not less than 7 days’ notice to the Boat Share Members vary this agreement. Publication under clause 1(e) will be deemed to be notice for this purpose. A Boat Share Member has the right to cancel the agreement after notice of variation, but if they do not do so in the 7-day notification period they are deemed to have accepted the variation.

Contractual right to use DBSC Boat Share Boats only

(g) Participation in the DBSC Boat Share does not give you any right or interest in any of the boats allocated by DBSC to the DBSC Boat Share (Share Boats), which remain the sole property of DBSC.

2. ELIGIBILITY, COMPETENCY AND RELEASE OF DBSC

Eligibility

(a) Membership of the DBSC Boat Share is available to any current financial member of DBSC who has paid membership and racing fees for the current membership year and is determined by DBSC in its discretion to have sufficient boating skills to sail an ILCA / Laser single handed.

(b) DBSC may in its discretion cancel your membership of the DBSC Boat Share for any reason including if you breach these terms.

Decision to sail and release of DBSC

(c) The responsibility for a Boat Share Member on any particular occasion to sail, or participate in a race, or to continue sailing or participating in a race, is his or hers alone.

(d) Despite any other provision of this agreement each Boat Share Member and, if applicable their Parent, acknowledges that DBSC is not by entering this agreement or by any other act on the part of DBSC doing anything to certify the competency of any Boat Share Member to sail or race, or continue to sail or race, on any particular occasion.

(e) To the maximum extent permitted by law the Boat Share Member and, if applicable the Parent, releases DBSC from any liability (including for negligence) arising as a result of participation in the DBSC Boat Share from loss or damage of property or injury or death of the Boat Share Member or any person.

(f) The Boat Share Member and, if applicable the Parent, acknowledges having read DBSC’s limitation of liability statement published on the DBSC website and they agree to its terms HERE.

(g) The Boat Share Member and, if applicable, the Parent, acknowledges the terms of clauses 2(c), 2(d), 2(e), 2(f), and 2(g) are essential and DBSC would not have entered this agreement if the Boat Share Member and Parent had not agreed to those clauses.

3. FEES

2023 Season and following

(a) The annual fee to participate in the DBSC Boat Share (in addition to the requirements set out in clause 2(a)) is $nil for the 2023-24 season (ending 30 April 2024) and then as determined by DBSC from time to time.

(b) The fee for usage of up to half a day of a Share Boat is $50 for the 2023 season (ending 30 April 2024), and then as determined by DBSC from time to time.

(c) Once a Share Boat has been booked and paid for there will be no refunds in any circumstances.

Concessions

(d) If you are entitled to a discount or concession on your general DBSC membership that discount will be applied proportionally to the fees referred to in clauses 3(a) and 3(b).

4. Use of Share Boats

Use of Share Boats

(a) Participation in the DBSC Boat Share entitles a Boat Share Member to use of a Share Boat as follows:

(i) Usage is for up to half a day, either before or after midday;

(ii) In any calendar month you are entitled to usage up to one half day Saturday (in the period August to April inclusive) and one half day Sunday (in the period May to July inclusive) and two other occasions at organised DBSC Race Days (such as currently Thursday Afternoon Racing in Summer, and not being a Saturday (in the period August to April inclusive) or a Sunday (in the period May to July inclusive));

(iii) The entitlement to usage does not accrue from month to month (that is, if you do not use a particular entitlement in one month you are not entitled to two such entitlements the following month); and

(b) The provisions of clause 4(a) may be waived or modified upon request in the discretion of the Commodore, the Vice Commodore, or the DBSC Boat Share Manager.

Bookings and usage

(c) Share Boats can be booked and paid for online with availability released each day on a rolling four-week basis, and with bookings to be made at least 7 days in advance.

(d) Bookings will be accepted on a first come first served basis.

(e) When using a Share Boat you must exercise the same level of care that would be expected if you were using a boat you owned.

(f) You must never use a Share Boat in circumstances where your capacity is for any reason impaired.

(g) Without limiting clause 4(f) you must never use a Share Boat when you are affected by alcohol, or prescription drugs, or illegal drugs or other substances.

(h) A Boat Share Member when sailing must always wear a personal floatation device and foot protection.

(i) The DBC Boat Share use is personal to the Boat Share Member and in no circumstance are you permitted to allow any other person to use the Share Boat.

(j) The responsibility for getting the boat share boat out of a rack storage position and rigging it, and then de-rigging and returning it to its rack position is the responsibility of the Boat Share Member.

(k) A Boat Share Member that wants to use the Laser Hoist to get a boat down from a rack position must have completed and signed the Laser Boat Hoist Induction.

Damage and insurance

(l) You must report through the online portal HERE, any equipment which is broken during your usage, or any equipment which requires
repair.

(m) Generally breakages that arise from normal wear and tear will be paid for by DBSC. Breakages which are caused by your negligent, reckless, or intentional act or omission must be paid for by you.

(n) The Club may maintain public liability insurance for users of the DBSC Boat Share and the details of such insurance may be posted on the online portal. You must not do anything which would invalidate or compromise such insurance, such as sailing when under the influence of alcohol or otherwise in breach of these terms.

(o) Despite clause 4(n) above you are responsible for any loss or damage to property or injury or death to the Boat Share Member or any person caused by your use of a Share Boat and to the maximum extent permitted by law you release DBSC from any liability (including for negligence).

Share Boats may be used to promote DBSC racing

(p) DBSC reserves the right from time to time to make Share Boats available to non-members of the DBSC Boat Share so as to promote DBSC generally, including to further competitive racing at DBSC, and reserves the right to do so in priority to Boat Share Members.