1.             Risk Warning

1.1          This Risk Warning is issued by DBSC, pursuant to the Civil Liability Act 2002, to all persons wishing to participate in sailing activities conducted by DBSC.

1.2          Participants are warned that regardless of the precautions which might be taken by reasonable and experienced persons sailing can be a dangerous pursuit and participants are exposed to significant risk of property damage, physical harm and possibly death.

1.3          As an indication, these risks may include:

(a)            the extremes of weather and sea conditions;

(b)            the potential that control of vessels may be lost, resulting in collision with objects and other vessels;

(c)            the sudden movement of the vessel at any time, and the possibility that participants may fall or be thrown overboard, resulting in drowning;

(d)            the possibility that participants may be injured by equipment on the vessel;

(e)            the absence of immediate medical care and the likelihood that significant delays may occur before medical care is available;

(f)            exposure to the elements for extended periods.

1.4          DBSC also warns participants that regardless of their best intentions, they may be unable to render assistance to participants who are in distress. Participants are warned to consider the above risks and all other risks before deciding to participate in any sailing activities conducted by DBSC.

1.5          Participants are also advised that although DBSC is covered by third party liability insurance, this cover does not extend to participants. Any participant who considers they have a need for insurance must make their own private arrangements with an insurer. A personal accident insurance policy is available with subscription to membership of Yachting NSW.   The obligation of members to carry insurance is dealt with in paragraph 3.2.

2.             Liability and Release

2.1          The attention of all participants in DBSC sailing activities is drawn to:

(a)            the Risk Warning in paragraph 1 above;

(b)            The Racing Rules of Sailing 2021-2024, and in particular Part 1, Fundamental Rules, which at Rule 3 provides The responsibility for a boat’s decision to participate in a race or continue racing is hers alone.

2.2          By participating in any sailing activities conducted by DBSC, each participant acknowledges that he or she:

(a)            has read the Risk Warning in paragraph 1;

(b)            participates in sailing activities conducted by DBSC entirely at his or her own risk and responsibility;

(c)            to the full extent permitted by law, releases DBSC from all liability, including liability for negligence;

(d)            accepts that DBSC is not responsible for the seaworthiness of any boat whose entry is accepted, or the adequacy of its equipment, but that DBSC reserves the right to refuse any entry; and

(e)            indemnifies DBSC for all claims arising from any act or omission of the participant.

2.3          All participants in sailing activities conducted by DBSC acknowledge and agree:

(a)            that, to the extent it may be available, the provision of on water support to participants by DBSC support vessels is a voluntary facility provided by DBSC and operated by volunteers; and

(b)            that the exclusions from liability and releases provided  in this document apply to and bind all members, visitors and guests in the event that any of them sustain any loss, damage or injury while being rescued, or seeking to be rescued, or while they are in need of being rescued.

3.             Insurance

3.1          Participants in sailing activities are not covered by DBSC insurance for:

(a)            loss or injury they may sustain while participating in sailing activities;

(b)            damage to persons or property suffered by third parties caused by the participant.

3.2          Any member of DBSC who participates in sailing activities must maintain insurance from a reputable insurer for third party liability for an amount of not less than $10,000,000.

4.             Use of DBSC Charter Boats and Support Vessels

4.1          Any person (including members, their guests, visitors, and members or guests of the 18 Footers League) who charters or uses (including as crew or passenger) any DBSC charter boat or support vessel (DBSC Vessel) for any purpose (including racing, support for racing, sailing lessons, practice or leisure) agrees:

(a)            they do so at entirely at their own risk;

(b)            that DBSC is an amateur sailing club run by volunteers, and DBSC does not warrant the condition, repair or suitability for  purpose of any DBSC Vessel, or any of the equipment on any DBSC Vessel, and it is the responsibility of the person using any DBSC Vessel to satisfy themselves as to the adequacy of its condition before using it;

(c)            DBSC does not accept any responsibility for any loss damage or injury which may be sustained by any person:

(i)            as a result of the authorized (or unauthorized)  use of any DBSC Vessel;

(ii)           caused directly or indirectly by the failure of any equipment on any DBSC Vessel.

(d)            to the full extent permitted by law they release DBSC and its office bearers and members from any liability including negligence for any loss damage or injury they may suffer however caused as a result of the use of any DBSC Vessel;

(e)            to the extent that DBSC has authorized the use of any DBSC Vessel by that person, that authorization is given in consideration of the person giving the acknowledgements and releases in this paragraph 4{C}{C}.

4.2          Driving Support Vessels and boating licence

(a)            No person under the age of 16 may drive any of the DBSC support vessels.

(b)            Any person who drives a DBSC support vessel who does not hold a general boating licence must not exceed a speed of 10 knots (10 knots is about the speed at which an accelerating boat will start to plane).

5.             Risk of Boats and Equipment stored at the Club

Any person (including members) who stores a boat or other equipment in DBSC agrees that as regards their boat and equipment: 

(a)            all risks concerning theft, loss or damage are borne by the person; 

(b)            to the full extent permitted by law, the person releases DBSC from any liability.

6.             Conditions of Aquatic Licence

It is a requirement of the aquatic licence granted to DBSC that DBSC advise participants in sailing activities as follows:

(a)            all competitors must maintain a minimum distance of 500 metres from the bow of any ship (oil tankers and sea going cruise ships) and 200 metres from the bow of any ferry (including other seagoing commercial vessels such as the James Craig) and no less than 30 metres from the side or stern of any ship or ferry underway;

(b)            competitors must not navigate between moorings whilst competing;

(c)            all vessels navigating in the vicinity of the safe water mark, 350 metres from Bradley’s Head, should pass to the north of the buoy when proceeding westward and should pass to the south of the buoy when proceeding eastward.

7.             Definitions and interpretations

In this document:

DBSC means Double Bay Sailing Club Inc.

sailing activities means the activity of sailing, and includes all activities necessary or incidental to the activity of sailing, including participating in any regatta, race or training session; removing any vessel from or to the Clubhouse, rigging and launching any vessel; assisting in the organisation and conduct of sailing and driving or being conveyed in any of DBSC’s support vessels.

including or any similar expression when introducing a list of items does not limit the meaning of the words to which the list relates to those items or to items of a similar kind.

Racing Rules of Sailing