Page 33 - Misconduct a Reference for Race Officials

SECTION 7: Booking Forms

The booking form or event entry form for an event or activity represents a contract
between the organisers and the participants. In addition to collecting basic
information on the participants which will be used by the organisers in running the
event (e.g. name of participant, boat numbers and names) the booking form also
sets out the responsibilities of each party.

Section 6 of this leaflet considered how disclaimers can be challenged by the
Courts. In some cases disclaimers are simply ineffective, in other cases their use
may amount to an unfair commercial practice. Accordingly it is recommended
that disclaimers are replaced with an appropriate “Risk Statement”. The content of
the Risk Statement will depend on the nature of the event. Examples of Risk
Statements for a race, a training event, a beginner/taster session and an open day
are included in Appendices 2 & 3.

Before using these clauses organisers are recommended to: conduct a risk
assessment for the event; to consider whether appropriate safety measures have
been taken; and to consider whether the suggested clauses are right for the event
or need to be modified. Organisers should also check that their insurance covers
the event and that any third party engaged to provide goods or services in
connection with the event also carries appropriate insurance.

Liability for an event not taking place or a participant being excluded from an event
also needs to be addressed. Accordingly, it is also recommended that cancellation
terms are included for all events and misconduct terms are included for events that
would not be covered by the misconduct provisions of the Racing Rules of Sailing
or the Powerboat Racing Rules. Example cancellation and misconduct terms are
also included in the model booking form in Appendix 2. Again, before using these
clauses organisers are recommended to consider whether the suggested clauses
are right for the event.

Other clauses that might be needed for event booking terms such as data
protection consent notices and a medical fitness declaration can also be found in
Appendices 2 & 3. Eligibility clauses for races and rights of appeal are outside the
scope of this booklet. Useful models for such clauses may be found in the RYA
publications covering the Racing Rules of Sailing and the Powerboat Racing
Rules.

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