Addendum A (RYA) - Recommended Notice of Race Wording
Risk Statement
The RYA recommends that the ‘Disclaimer of Liability’ in World Sailing’s Notice of Race and Sailing Instruction Guides is removed and, in Notices of Race, replaced by a ‘Risk Statement’.
Before using the recommended Risk Statement, race organizers should:
- conduct a risk assessment for the event;
- consider whether appropriate safety measures have been taken;
- consider whether competitors’ attention needs to be drawn to any specific rules and information (e.g. by preparing a safety plan for the event and referencing this in the Sailing Instructions);
- consider whether the recommended clauses are right for the event or need to be It is possible that, for some events, a more comprehensive risk statement may be required.
The RYA provides guidance on the legal aspects of race, training and event management in its publication ‘Race, Training and Event Management – The Legal Aspects’ which is available to affiliated clubs, recognised training centres and members.
Rule 3 of the Racing Rules of Sailing states: ‘The responsibility for a boat's decision to participate in a race or to continue racing is hers alone.’
Sailing is by its nature an unpredictable sport and therefore inherently involves an element of risk. By taking part in the event, each competitor agrees and acknowledges that:
- They are aware of the inherent element of risk involved in the sport and accept responsibility for the exposure of themselves, their crew and their boat to such inherent risk whilst taking part in the event;
- They are responsible for the safety of themselves, their crew, their boat and their other property whether afloat or ashore;
- They accept responsibility for any injury, damage or loss to the extent caused by their own actions or omissions;
- Their boat is in good order, equipped to sail in the event and they are fit to participate;
- The provision of a race management team, patrol boats and other officials and volunteers by the event organizer does not relieve them of their own responsibilities;
- The provision of patrol boat cover is limited to such assistance, particularly in extreme weather conditions, as can be practically provided in the circumstances;
- It is their responsibility to familiarise themselves with any risks specific to this venue or this event drawn to their attention in any rules and information produced for the venue or event and to attend any safety briefing held for the event;
- [[For offshore races] They are responsible for ensuring that their boat is equipped and seaworthy so as to be able to face extremes of weather; that there is a crew sufficient in number, experience and fitness to withstand such weather; and that the safety equipment is properly maintained, stowed and in date and is familiar to the crew]; and
- [If not covered elsewhere in the Notice of Race] Their boat is adequately insured, with cover of at least [£#] against third party claims];
Inspections
The RYA recommends that for events where inspections may be conducted a statement be added to the Notice of Race.
The fact that race officials may conduct inspections of a boat does not reduce the responsibilities of each competitor set out in this Notice of Race.
Declaration
The RYA recommends that on the entry form a declaration is included which entrants are required to acknowledge.
I agree to be bound by the Racing Rules of Sailing and all other rules that govern this race. In particular, I confirm that I have read the Notice of Race and accept its provisions and agree that my boat will conform to the requirements set out in the Notice of Race throughout the event.
Privacy Statement
The management of racing involves the use of participants’ personal information. Within the United Kingdom, the use and storage of personal information is regulated by the Data Protection Act 2018. The RYA is able to provide guidance on the requirements of this Act to RYA affiliated organisations.
Organizing authorities should have a privacy policy in place, covering among other things, how personal information is processed in connection with the event.
In addition, when personal information is collected from a person that cannot reasonably be expected to be aware of the privacy policy, a privacy statement must be made available at the point the information is collected.
The RYA recommends that a privacy statement is included in the Notice of Race. The RYA recommends that, before using this template, the organizing authority reviews the personal data requirements of the event to ensure that the statement is adequate for the event. This is essential when personal data may be used for purposes other than the direct administration of the event.
The personal information you provide to the organizing authority will be used to facilitate your participation in the event. If you have agreed to be bound by the Racing Rules of Sailing and the other rules that govern the event (the rules), the legal basis for processing that personal information is contract. If you are not bound by the rules, the legal basis for processing that personal information is legitimate interest. Your personal information will be stored and used in accordance with the organizing authority’s privacy policy. When required by the rules, personal information may be shared with the RYA, your national authority and/or World Sailing. The results of the event and the outcome of any hearing or appeal may be published.
