MERIMBULA SAILBOARD CLUB INC

ACTIVITY WAIVER, RISK WARNING, RELEASE AND INDEMNITY

IMPORTANT NOTICE

In this document the term 'Event Organisers' means the Merimbula Sailboard Club Inc and, to the fullest extent permitted by law, its committee members, officers, members, volunteers, instructors, race officers, safety personnel, agents and representatives.

This is an important legal document affecting your rights. Please read it carefully before signing. By signing this form, you acknowledge that you have read and understood it and agree to be bound by its terms. If the Participant is under 18 years of age, a parent or legal guardian must sign the consent section.

In consideration of being permitted to participate in the Event, the Participant applies for entry or participation and agrees to comply with the event rules, safety guidelines, and any reasonable direction given by the Club or the organisers. The Participant acknowledges that this declaration is intended to operate as a binding agreement between the Participant and the Club in connection with participation in the Activities and any Event.

RISK WARNING:Participation in the Activities and any Event may involve dangerous recreational activities within the meaning of the Civil Liability Act 2002 (NSW), involving a significant risk of physical harm. The Activities may expose the Participant to obvious risks and inherent risks, including the risk of serious injury, permanent disability, drowning or death.

The Participant acknowledges and agrees that participation in the Activities can be inherently dangerous and that accidents can and do happen which may result in injury, illness, physical harm, property damage or loss, or death. The Participant voluntarily accepts and assumes, to the fullest extent permitted by law, the obvious risks and inherent risks of participation. The Participant understands that he or she is responsible for his or her own safety at all times during the Activities and any Event.

The Participant understands and acknowledges that insurance held by the Club may not cover the Participant for personal injury, death, loss of income, medical expenses, property loss or property damage sustained during or arising out of participation in the Activities or any Event, and that the Participant is responsible for making his or her own enquiries and obtaining any personal accident, medical, income protection, equipment or other insurance considered appropriate.

The Participant declares that he or she is medically and physically fit and able to participate safely in the Activities and any Event. The Participant will immediately notify the Club if there is any change to his or her medical condition, fitness, capacity, medication requirements or ability to participate safely. The Participant acknowledges that the Club may rely on this declaration.

The Participant declares that he or she has sufficient swimming ability, water confidence and personal competence for the Activities proposed to be undertaken, having regard to the nature of the water-based activities involved.

The Participant authorises the Club and the Released Parties to arrange or provide rescue assistance, first aid, emergency transport, medical treatment or other assistance they consider reasonably necessary or desirable in the circumstances. The Participant consents to receiving such assistance or treatment and acknowledges that rescue and treatment may be provided in difficult or remote conditions.

To the fullest extent permitted by law, the Participant releases and discharges the Released Parties from all Claims arising out of or in connection with the Participant's participation in the Activities or any Event, including any Claim arising from personal injury, death, property damage or economic loss, whether caused directly or indirectly by negligence, breach of contract or otherwise, except to the extent that liability cannot lawfully be excluded, restricted or modified.

Without limiting the foregoing, the Participant acknowledges the operation of the Civil Liability Act 2002 (NSW) in relation to obvious risks and dangerous recreational activities and agrees that, to the fullest extent permitted by law, the Released Parties are not liable for harm suffered as a result of the materialisation of an obvious risk or a dangerous recreational activity risk.

If any statutory guarantee or other right under the Australian Consumer Law or any other law applies and cannot lawfully be excluded, that guarantee or right is limited, to the fullest extent permitted by law, including section 139A of the Competition and Consumer Act 2010 (Cth), and any liability of the Club in relation to recreational services is excluded or limited to the extent permitted by law. This exclusion and limitation is intended to apply to liability for death or personal injury arising from the supply of recreational services.

The Participant indemnifies and must keep indemnified the Released Parties, to the fullest extent permitted by law, against any Claim brought by or on behalf of the Participant or by any other person arising out of or in connection with the Participant's participation in the Activities or any Event, the Participant's breach of this form, or the Participant's negligent, reckless or unlawful act or omission.

The Participant is solely responsible for the suitability, seaworthiness, condition, maintenance, rigging, securing and safe use of his or her own equipment and personal property. The Club does not accept responsibility for loss of or damage to any board, sail, kite, foil, paddle, vessel, clothing, vehicle, trailer or other property of the Participant, except to the extent liability cannot lawfully be excluded.

The Participant acknowledges and agrees that the Activities and any Event can and will be affected by weather and other conditions, that conditions may change without warning, and that there is an element of the prevailing conditions in undertaking the Activities. If an Event or activity is cancelled, postponed, abandoned, curtailed or modified due to weather, water conditions, safety concerns, an Act of God, insufficient numbers, government direction, or any other circumstance beyond the Club's reasonable control, any entry fee or participation fee may be non-refundable, subject to any rights that cannot lawfully be excluded.

The Participant consents to the Club collecting and using personal information reasonably required for administration, safety, participation and communication purposes. The Participant also consents to the use of photographs or video recordings of the Participant taken in connection with the Activities or an Event for conventional club, promotional, results or social media purposes, unless the Participant notifies the Club otherwise in writing before participation.