A You wish to use the Equipment for activities/events set out in this Agreement independent of Sailability’s supported sailing programs and/or events.
B You must be a current financial member of Sailability WA at the time of the Agreement and agree to the terms and conditions in the Agreement.
C The Equipment referred to in this Agreement is for use and/or support of sailing activities as set out in this Agreement.
D You will be responsible for providing your own safety equipment and any other personal requirements to ensure their personal safety and wellbeing and that of any support persons involved.
- Sailability will maintain current insurance policies in respect of the Equipment to its considered insurable value, copy of a Certificate of Currency is available upon request.
- You will assume all risks and liabilities for, and in respect of, the Equipment and for all injuries or deaths of persons and any damage to property howsoever arising from Your use of the Equipment.
- Role of the Sailability Coordinator (‘Coordinator’)
- Unless advised otherwise by Sailability, the Sailability Coordinator is the sole administrator of the application of this Agreement.
- b) Allocation of boats and equipment, provided they are available to you, is at the discretion of the Coordinator and must be confirmed before use is allowed
- c) The boat and associated equipment is to be inspected before use and any deficiencies agreed and noted in the Sailability maintenance book.
- You must not undertake any repairs other than that required to return the equipment safely to Sailability.
- Any damage or deficiency arising during use or as a result of the Your use, is to be reported to the Coordinator immediately and recorded on a Sailability Incident Report Form and handed to the Sailability Coordinator within two days of the incident.
- You will be required to pay for any repairs, either the full cost of the repairs or, in the event of a claim, the insurance excess, as agreed with Sailability.
- All repairs will be undertaken by Sailability or at the Coordinator’s direction.
OTHER OPERATIVE PROVISIONS
4. No modifications or changes, including stickers or promotional material to be made to the boat without prior approval by the Coordinator.
5. The boat is to be clean on return to the allocated storage and any keys must be returned to the Coordinator as soon as possible after the approved use.
6. The boat and/or equipment is not to be removed from RPYC (and the designated racing area) without the approval of the Coordinator.
7. A Hansa dinghy must not be sailed beyond the confines of the RPYC marina without a safety boat in attendance in the area being sailed.
8. The boat is to be sailed within the perimeters of the design and in accordance with the current Racing Rules of Sailing.
9. You must demonstrate You have registered for any independent event for which You are loaning a boat, and that You comply with the Organising Authority/ies and with any other associated requirements at the time of entering this Agreement.
10. You may be required to demonstrate a level of competence appropriate to the weather conditions and racing environment prior to agreed use of the boat or equipment.
11. If You wish to Loan Sailability’s RIB, You must provide a skipper suitably experienced and qualified with a current RST. They are not to change skipper without the approval of the Sailability Coordinator. The replacement RIB skipper must comply with this clause. At the completion of each Loan, in addition to complying with clauses 3 & 5 above.
12. Should You or others under your direction wish to use any of the hoists (personal or other) owned by Sailability, You must demonstrate to the Coordinator that the people using this equipment are suitably competent to do so. If required, the Coordinator will provide a brief instructional session at the start of the Term for those involved.
13. You agree that the boat and/or equipment chartered from Sailability will only be used during the agreed event or activity and will not be used outside of the agreed time and date and will not be made available to another person who is not party to this Agreement.