In applying for membership with the Taipan Catamaran Association of Australia and in consideration of my application for membership being accepted I acknowledge and agree that:
1. In this membership declaration: "Association" for the purposes of this membership application and declaration means and includes the Taipan Catamaran Association of Australia, its directors, officers, members,
servants or agents. "Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim in respect of any action, suit etc made by any person entitled to compensation under a relevant Association insurance policy or under any right expressly conferred by the Association constitution or regulation. "Association Activities" means performing or participating in any capacity in any authorised or recognised Association activity.
2. The Association Constitution is a contract between me and the Association. I will be bound by it and any By-Laws, regulations or policies made under it.
3. Warning: Association Activities can be inherently dangerous. I acknowledge that I am exposed to certain risks during Association Activities including, but not limited to, physical exertion and injury, drowning, hypothermia, heat stroke, collision, falls, equipment failure and unpredictable weather conditions. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the AssociationActivities.
4. WARNING UNDER THE FAIR TRADING ACT 1999
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:
. rendered with due care and skill; and
. as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
. reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you agree to these condtions, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004
5. Exclusion of Implied Terms: I acknowledge that where I am 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. I acknowledge that these implied terms and rights and any liability of the Association flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of the Association will, at its discretion be limited to the resupply of the services or payment of the cost of having the services supplied again
6. Release and Indemnity: In consideration of the Association accepting my application for membership I, to the full extent permitted by law:
(a) release and will release the Association from all Claims that I may have or may have had but for this release arising from or in connection with my membership and/or participation in any Association Activity; and
(b) indemnify and will keep indemnified the Association in respect of any Claim by any person arising as a result of or in connection with my membership and/or participation in any Association Activity
7. Fitness to Participate: I declare that I am medically and physically fit and able to participate in any Association Activity. I will immediately notify the Association in writing of any change to my fitness and ability to participate. I understand and accept that the Association will continue to rely upon this declaration as evidence of my fitness and ability to participate.
8. Consent to medical treatment: If required, the Association will arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken by the Association where my further consent cannot be obtained and agree to meet all costs associated with such action.
10. Copyright and right to use image: I acknowledge and consent to photographs being taken of me during my participation in Association Activities and authorise the Association to use such photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Association using my name, image, likeness and also my performance in any Association Activities, at any time, to promote the Association by any form of media.
11. Severance: If any provision of this membership declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of this membership declaration or affect the validity or enforceability of it in any other jurisdiction.
I have read, understood, acknowledge and agree to the above declaration including the warning, exclusion of implied terms, release and indemnity. I warrant that all information provided is true and correct. I acknowledge this membership declaration cannot be amended. If I do amend it my application will be null and void.
Where the applicant is under 18 years of age these condtions of membership must be agreed by the applicant's parent or legal guardian.