Dragon Boats NSW Inc. (Incorporated under the Associations Incorporation Act, 2009) (Registered Number: Y ) (ABN )

Transcription

1 Dragon Boats NSW Inc. (Incorporated under the Associations Incorporation Act, 2009) (Registered Number: Y ) (ABN ) 2018/2019 Boat Hire Agreement for Dragon Boats NSW Inc. Application / Renewal (please circle).... (print club full name) ("Club") applies to train in the dragon boats of the Association. The Club agrees to be bound by the rules of the Association for the time being in force (including its constitution and all regulations, policies and directions of the Association), the conditions as stated by the Association for boat usage, water safety and rules specific to the training site and to accept responsibility for the actions of its individual members. Signature of Applicant on behalf of Club : Date: Club Details Club Contact Name: Position in Club: Contact no: Number of boats required: Training Venue: Fees Bank St Boat Hire - Season Bank St Levy Bank St Boat Hire One-off (Club Training) $ 1, (incl GST) per boat Boat hire valid for a maximum of 3 sessions per week. $ (incl GST) per boat Levy for boat storage, facility usage and maintenance. Charged per boat. $ (incl GST) per boat Any additional boat used or session organised (more than 3 a week) that takes place at Bank St will consequently result in this added charge. Please notify DBNSW if an additional boat/session is required. Once complete please send your application to office@dbnsw.org.au. Upon receipt and acceptance of application DBNSW will invoice the applying club via . Please do not make payment until the invoice is received. Updated 1st June Page 1 of 6

2 Bank St Training Sessions Requests please circle one option in each box Note sessions are a max of 1.5 hours Requested sessions are PREFERENCES, final time slots assigned to a club by DBNSW may differ SESSION 1 SESSION 2 SESSION 3 DAY Monday Tuesday Wednesday Thursday Friday Saturday Sunday START DAY Monday Tuesday Wednesday Thursday Friday Saturday Sunday START DAY Monday Tuesday Wednesday Thursday Friday Saturday Sunday START 05:00 05:30 06:00 06:30 07:00 07:30 05:00 05:30 06:00 06:30 07:00 07:30 05:00 05:30 06:00 06:30 07:00 07:30 08:00 08:30 09:00 09:30 10:00 10:30 08:00 08:30 09:00 09:30 10:00 10:30 08:00 08:30 09:00 09:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 11:00 11:30 12:00 12:30 13:00 13:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00 16:30 14:00 14:30 15:00 15:30 16:00 16:30 14:00 14:30 15:00 15:30 16:00 16:30 17:00 17:30 18:00 18:30 17:00 17:30 18:00 18:30 17:00 17:30 18:00 18:30 FINISH FINISH FINISH 06:30 07:00 07:30 08:00 08:30 09:00 06:30 07:00 07:30 08:00 08:30 09:00 06:30 07:00 07:30 08:00 08:30 09:00 09:30 10:00 10:30 11:00 11:30 12:00 09:30 10:00 10:30 11:00 11:30 12:00 09:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 12:30 13:00 13:30 14:00 14:30 15:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00 16:30 17:00 17:30 18:00 15:30 16:00 16:30 17:00 17:30 18:00 15:30 16:00 16:30 17:00 17:30 18:00 18:30 19:00 19:30 20:00 18:30 19:00 19:30 20:00 18:30 19:00 19:30 20:00 Updated 1st June Page 2 of 6

3 Terms & Conditions Upon completing this application form the applying club agrees to the following terms and conditions. Duty of Care The hiring club agrees to adhere to the DBNSW Boat Handling and Storage Policy (available on the association s website) and apply due care and consideration whilst moving, storing and using the hired boats. Clubs based at Bank St will endeavor to assist in maintaining the site s cleanliness, low noise level and adhere to the designated parking structure. The club will report to DBNSW any accidents or damage that involves the hired boats and will be potentially liable for any damage caused by an obvious lack of duty of care. Boat Safety Clubs should maintain paddler health and safety as a priority particularly whilst moving boats. Observance of the DBNSW safety policy, safety guidelines and boat handling guidelines will ensure individual s wellbeing. Clubs should take it upon themselves to provide assistance to other clubs when possible to ensure health and safety requirements are being met during the handling of boats. Boat Hire Schedule Boat Hire is valid between 1 st July 2018 and 30 June For each Bank St Boat hired a maximum of 3 sessions per week is granted. Activities in a clubs weekly session allowance includes training, water trials or team building activity that takes place at the Bank St site. Additional sessions can be organised via DBNSW (subject to availability). Due to the high volume of teams training at Bank St, the number of boats hired and training times booked must be strictly adhered to. Clubs hiring Bank St Boats will also acknowledge that there will be certain dates and times where boat availability will be scarce due to other events organised by DBNSW i.e. Chinese New Year, DAA Festival Bank St Water Trials, Corporate Sessions & Any Other Activities Any club water trial, corporate training session or social activity organised by a club counts towards their weekly session allowance. Any DBNSW organised session that involves the club i.e. DAA Festival or CNY training is excluded from this limit. The Club must ensure that any non-dbnsw member that is going to paddle in the hired boat must first sign a waiver form (available on the dbnsw website) prior to paddling. The club must have at least one club member present in a boat that contains non-dbnsw members. Any additional site or equipment hire for open days, fundraising, etc. should be requested and organised through DBNSW. Updated 1st June Page 3 of 6

4 AGREEMENT FOR THE USE OF BOATS This Agreement is made on the of, 2018 PARTIES: 1. Dragon Boats (NSW) Inc. ABN of (hereafter DBNSW ); 2. (hereafter the Club ). DEFINITIONS: Approved Location is defined as ; Boat is defined as the dragon boat provided by DBNSW for the use of the Club; Boat Hire Fee is defined as the fee paid by the Club to DBNSW for the use of the Boat, and is set at $ inclusive of GST per annum, paid in advance; Bank St Levy is defined as the levy charged to a Club for each hired Boat/s at the Bank St, Pyrmont site, and is set at $ inclusive of GST per annum, paid in advance. RIGHTS OF DBNSW Without prejudicing any other rights of DBNSW as owner of the Boat, DBNSW has the following additional rights under this Agreement: (a) the right to collect the Boat Hire Fee and Bank St Levy from the Club; (b) the right to charge the Club for additional expenses, including but not limited to transport costs to deliver the Boat to the Club, plus a bond for the return on the Boat from the Approved Location. RIGHTS OF THE CLUB The Club has the following rights under this Agreement: (a) the Club may use the Boat in the ordinary course of training, water trials and open day activities; (b) the Club may use the Boat for other events only with the express, written prior permission of DBNSW. The granting of this permission is at the absolute discretion of DBNSW, and should be given in a reasonable time frame. RESPONSIBILITIES OF DBNSW DBNSW has the following responsibilities under this Agreement: (a) DBNSW must ensure that the Boat is kept insured at all times. The terms of this insurance policy are attached. (b) DBNSW must ensure hired Boats are safely and securely stored and fit for purpose Updated 1st June Page 4 of 6

5 RESPONSIBILITIES OF THE CLUB The Club has the following responsibilities under this Agreement: (a) the Club must report to DBNSW any instances of damage to the Boat; (b) the Club must report to DBNSW any incidents which occur during the use of the Boat (including but not limited to any injuries to paddlers or other watercrafts); (c) the Club may be asked to participate in some DBNSW activities from time to time; (d) The Club must ensure that all persons in the Boat are members of DBNSW with the exception of those participants trying out dragon boating. Participants must not paddle for more than three times without becoming members of DBNSW, and must sign the DBNSW waiver form prior to paddling; (e) the Club must ensure that all persons in the Boat are insured at all times; (f) the Club must obey the Sweeping Guidelines issued by DBNSW at all times; (g) the Club must not incur costs relating to the Boat without the express written permission of DBNSW; (h) the Club must obey all other DBNSW rules with regard to boat usage; (i) these Responsibilities insofar as they relate to boat usage also apply to the Club when it uses any DBNSW boat in any circumstances (e.g. at regattas); (j) if the Club is not incorporated, the signing parties to this Agreement assume the Responsibilities above; RENEWAL OF THIS AGREEMENT (a) this Agreement expires on 30 th June 2019; (b) there is no automatic right of renewal of this Agreement; (c) the Club must justify the continued use of the Boat on an annual basis; (d) DBNSW has the absolute discretion whether to renew this Agreement or not; (e) Without limiting the generality of the above sub clause, DBNSW will take the following factors into account when deciding whether to renew this Agreement: i. any breach of this Agreement; ii. non-participation by the Club in DBNSW activities; iii. change in the management structure of the Club; iv. supply and demand of boats in NSW PROHIBITED ACTIVITIES The following activities are expressly prohibited without the clear, written permission of DBNSW (such permission to be granted at the absolute discretion of DBNSW): (a) permanently changing the Boat s Approved Storage Location; Updated 1st June Page 5 of 6

6 (b) using the Boat for any activity outside of ordinary training, club open days, team building activities or local inter clubs regattas; (c) hiring or charging out for the use of the Boat, to non-club members; (d) putting any logos or signs on the Boat; (e) the making of any agreements with any other group, body or individual as to the use of the Boat, including any agreements related to storage; (f) any breach of this Agreement; RETURN OF THE BOAT The Boat may be immediately repossessed by DBNSW in the event of: (a) any breach of this Agreement; (b) the management structure of the Club changes and DBNSW is not convinced of the ability of the new management to satisfactorily look after the Boat and DBNSW s interests; (c) there being any risk to the Boat or to the interests of DBNSW in the Boat staying with the Club; EXCLUSIVE USE (a) this Agreement does not give the Club exclusive use of the Boat; (b) in the event of another club wishing to use the Boat, the Club should attempt to come to an agreement with the new club to share the Boat usage. In the event of the clubs being unable to come to an agreement, DBNSW shall arbitrate on an appropriate agreed solution where possible or provide another for hire. Signed on behalf of the Club Name: Position: Date: Updated 1st June Page 6 of 6