Risks Involved in Sailing: I acknowledge and agree that participation in sailing can be inherently dangerous. Risks including but not limited to overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality and shark attack can and do happen which may result in being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in sailing. If required, the Organising Authority will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by the Organising Authority where my further consent cannot be obtained and agree to meet all costs associated with such action.
Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a condition of my entry to the association and any sailing event (if accepted) that the Organising Authority is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the sailing event.
Release and Indemnity: In consideration of the Organising Authority accepting my membership application, I:
(a) release and forever discharge the Organising Authority from all Claims that I may have or may have had but for this release arising from or in connection with my participation in any sailing event; and
(b) indemnify and hold harmless the Organising Authority to the extent permitted by law in respect of any Claim by any person including but not only another participant in any sailing event arising as a result of or in connection with my participation in such event.
In this clause 'Claims' means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant sailing event or Organising Authority insurance policy.
Fitness to Participate: I declare that I am and must continue to be medically and physically fit and able to participate in any sailing event. Should I suffer from an allergy and/or require medical for a pre-existing condition I shall fully declare all necessary details to the Organiser prior to the sailing event. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Organising Authority in writing of any change to my fitness and ability to participate. I understand and accept that the Organising Authority will continue to rely upon this declaration as evidence of my fitness and ability to participate.
Boat Insurance: I acknowledge that I am required to have a minimum of $10 million in liability insurance to participate in association-sponsored sailing events and confirm I have the required level of insurance in place.
Where the applicant for membership is under 18 years of age the parent or guardian of the applicant expressly agrees to be responsible for the applicant's behaviour and agrees to personally accept the conditions set out above including the provision of a release and indemnity in the terms set out above.
The “Organising Authority” means the Western Australia International Optimist Dinghy Association, any sailing event’s Organising Authority, and their respective directors, officers, servants or agents responsible for WAIODA, or responsible for offering any sailing event that I am seeking to enter or register for.
