1. The “Centre” means a nationally recognised Discover Sailing Centre and its respective directors, officers, servants or agents responsible for offering the Program that I am seeking to enter or register for. 2. ‘Australian Sailing’ for the purposes of this application and declaration means and includes Australian Sailing and its respective directors, officers, servants or agents. 3. ‘State Associations’ means the state or territory yachting association and its respective directors, officers, servants or agents which is a constitutional member of Australian Sailing. 4. ‘Partners’ means an organisation connected with and/or in partnership with the Centre to deliver a Program. 5. If accepted I will be permitted to attend the Program subject to complying with the terms and conditions of the Program, this declaration and any reasonable direction issued by the Program organisers or their representatives. 6. The Program rules and this declaration comprise a contract between me and the Centre. 7. **Warning:** Participation in the Program can be inherently dangerous. Risks including but not limited to over-exertion, equipment failure, dehydration, serious accidents, weather conditions, water quality and shark attack can and do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Program. If required, the Centre will arrange medical or hospital treatment (including ambulance transportation). I authorise such actions being taken by the Centre where my further consent cannot be obtained and agree to meet all costs associated with such action. 8. **Exclusion of Liability:** Except where provided or required by law and such cannot be excluded, I agree that it is a condition of my registration on the Program (if accepted) that the Centre is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the Program. 9. **Release and Indemnity:** In consideration of the Centre accepting my application for entry to the Program: • release and forever discharge the Centre, Australian Sailing and its State Associations from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Program; and • indemnify and hold harmless the Centre, Australian Sailing and its State Associations to the extent permitted by law in respect of any Claim by any person including but not only another participant in the Program arising as a result of or in connection with my participation in the Program. 10. 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 Program or Centre insurance policy. 11. **Fitness to Participate:** I declare that I am and must continue to be medically and physically fit and able to participate in the Program. Should I suffer from an allergy and/or require medication for a pre-existing condition I shall fully declare all necessary details to the Centre. I am not and must not be a danger to myself or to the health and safety of others. I will immediately notify the Centre in writing of any change to my fitness and ability to participate. I understand and accept that the Centre will continue to rely upon this declaration as evidence of my fitness and ability to participate. 12. **Privacy:** I understand that the information I have provided is necessary for the conduct of the Program and for the Objects of Australian Sailing and its State Associations. I acknowledge and agree that the information provided will only be used by the Centre, Australian Sailing and its State Associations to facilitate the conduct of the Program and other Programs conducted by the Centre, Australian Sailing or its State Associations. 13. I acknowledge and consent to photographs and videos being taken of me during participation in Centre activities and authorise the Centre, Australian Sailing, State Associations and Partners to use such photographs and videos for promotional or other sailing and boating development and marketing purposes without my further consent being obtained. Further, I consent to the Centre, Australian Sailing, State Associations and Partners using my name, image, likeness and performance in any Centre, Australian Sailing or State Association activities, at any time, to promote the Centre, Australian Sailing, its State Associations and Partners by any form of media. 14. I understand that I will be able to access my information through the Centre, Australian Sailing or the relevant State Association. 15. I acknowledge that the Centre and Australian Sailing may also use my personal information in accordance with the Australian Sailing Privacy Policy. I may advise Australian Sailing if I do not wish to receive information from Australian Sailing or any Australian Sailing sponsors or third parties. 16. **Prevailing conditions:** The Program and the conduct of, and participation in the Program will be affected by weather and associated conditions. 17. Given there is often an element of the “luck of the prevailing conditions” in entering the Program I acknowledge and agree that the Program organisers cannot control weather and associated conditions. 18. Where the applicant for the Program 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.

Unless otherwise specified, if an organisation or individual cancels their participation in a Course or Event, or if a Course or Event is cancelled by Smooth Sailing School, the Refund Policy of Smooth Sailing School is set out below. 1. Periods of notice in the case of withdrawal from a Course or Event • Less than 14 days prior to the Course/Event – **No Refund** • More than 14 and less than 28 days prior to the Course/Event – **50 % refund** (less any transaction fees) • More than 28 days prior to the Course/Event – **100 % refund** (less any transaction fees) 2. Withdrawal because of illness, injury or death If a participant is unable to participate because of illness, injury or death and can produce appropriate evidence, the fee will be fully refunded (less any transaction fees applied by the merchant). 3. Course or Event cancellation If a Course or Event is cancelled by the Organiser, the fee will be fully refunded. 4. Force Majeure If a Course or Event is cancelled midway for a reason outside the control of the Organiser (e.g. bush-fire smoke or COVID-19 restrictions), a refund may be provided at the discretion of the organiser, less the cost of supplied materials. 5. Other Issues or Requests Any issue or request falling outside of this Refund Policy will be referred to Smooth Sailing School Management for a decision.