Australia Day Harbour Parade Terms & Conditions

1. GENERAL

  1. The Australia Day Harbour Parade 2019 (“the Parade”) is to be held on Saturday, 26 January 2019 at 12.45pm.

2. Procession Course

  1. The procession course for the Parade (“Procession Course”) will be in Sydney Harbour. Details of the Procession Course will be notified to participants at the Masters’ Briefing (see clause 5) and published on the website www.australiaday.com.au.
  2. The Australia Day Council of NSW (“ADCNSW”) reserves the right to alter the Procession Course at any time and at its absolute discretion. 

3. Registration

  1. To participate in the Parade and in the Best Dressed Vessel Competition, the individual who is to be the responsible vessel operator during the Parade (“Master”) must register for the Australia Day Harbour Parade by 12:00pm Friday 18 January 2019 by completing and submitting the registration form on the ADCNSW website. The Master will need to specify the vessel to be entered in the Parade (“Participating Vessel”).  If the Master is not the owner of the participating Vessel (“Owner”), the Owner must also provide written consent and accept the terms and conditions by completing and submitting the Owner’s Declaration Form. 
  2. If a Master will be under 18 years of age on 26 January 2019, a Parental Consent Form must be completed and signed by the Master’s parents and/or guardians and returned to the ADCNSW with the registration form. To obtain a Parental Consent Form please email [email protected] 

4. Judging & prizes for parade vessels

  1. The Category Winners within the Parade will be judged by a panel consisting of ADCNSW representatives (“ADCNSW Panel”).
  2. The categories are: Best Small Vessel, Best Commercial Vessel, Best Newcomer, Best Dressed Vessel and Most Imaginative.
  3. A prize will be awarded to the winning vessel in each category. Each category prize will be $400 in the form of a gift card. Additional prizes may be added by ADCNSW.
  4. Each prize awarded to a Participating Vessel will be provided to the Master for that Participating Vessel as identified on the registration form, at a time and place specified by the ADCNSW Panel. If, for any reason, the Master does not accept the prize at the time and place specified by the ADCNSW Panel, then the prize will be forfeited.
  5. The decision of the ADCNSW Panel will be final and will not be subject to review. ADCNSW will not enter into any correspondence regarding the result.
  6. ADCNSW reserves the right to vary the prize value stated in clause 4.2 at any time and at its absolute discretion. 
  7. Any Participating Vessel which is disqualified from the Parade will not be eligible to win a prize.
  8. The ADCNSW Panel may disqualify a Participating Vessel if, in the opinion of the ADCNSW Panel, a Participating Vessel or a Master or Participant on a Participating Vessel has failed to complete the Procession Course, or has failed to comply with or breached any of the rules set out in clause 8 (Parade Rules) or clause 10 (compliance with NSW Maritime Safety Legislation) below. 

5. Briefing

  1. A briefing for Masters will be held at Roads and Maritime Services, 33 James Craig Road, Rozelle on Tuesday, 22 January 2019 at 5.30pm. Attendance is compulsory for Masters of vessels 20 metres or under, which will marshall at Jeffrey Street Wharf (due to proximity to cannons and exclusion zone). Masters of vessels over 20 metres, and other persons who are to be present on the Participating Vessel during the Parade (“Participants”), are encouraged to attend the briefing. 

6. Safety & Insurance

  1. It is the responsibility of each Master to assess what safety standards and insurance arrangements are necessary and appropriate for the Participating Vessel for the Parade. It is the responsibility of the Master to ensure that such arrangements are put in place.

7. Expenses

  1. All expenses associated with the Participating Vessel’s participation in the Parade are the responsibility of the Master. 

8. Parade rules

  1. In order to be eligible to win a prize, a Participating Vessel must complete the entire Procession Course and comply with the rules set out in this clause 8 (Parade Rules) and clause 10 (Compliance with Maritime Safety Legislation).
  2. The Master must comply with, and ensure that all Participants comply with, any direction given by an employee of NSW Maritime or a Boating Safety Officer.
  3. The Master must comply with advice given by the Parade Director, unless it is unsafe to do so (as outlined in Clause 10).
  4. The Parade will have a maximum speed of 6 knots. Participating Vessels must not exceed this speed.
  5. Masters and Participants must not interfere in any way with another Participating Vessel or the decorations on another Participating Vessel.
  6. Participating Vessels agree to display Australia Day or Australia Day Sponsor’s signage, banners or related materials that are supplied by ADCNSW.
  7. Without written approval of the Australia Day Council of NSW, Participating Vessels must not display decorations, including images or signage, which contain:
    • logos or branding of a commercial nature; or
    • material unsuitable for a family event, including material which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.
  8. Master and Participants must not engage in behaviour which is unsuitable for a family event including behaviour which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit. 

9. PROMOTIONAL ACTIVITIES

  1. The Master and Participants of the Participating Vessel agree to participate and cooperate as may be reasonably required by the ADCNSW in activities relating to the promotion of the Australia Day Program, including, but not limited to, participating in interviews and being filmed and photographed, on the day of the Parade.
  2. The Master grants the State of New South Wales the right to use (and to allow others to use) the Master’s name and likeness and the Participating Vessel’s name and image for promotion and advertising purposes, including to promote and advertise the Parade, Australia Day 2019 or generally; and Sydney, the State of NSW and Australia as tourist destinations; and NSW Government and its role in events and the events industry.
  3. The Master agrees to obtain the permission of all Participants on the Master’s vessel (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for promotion and advertising purposes, including the purposes set out in clause 9.2 above.
  4. As between the Master, Participants and ADCNSW, the Master and/or Participants, as the case may be, will retain ownership in any copyright in vessel decorations.
  5. The Master grants the State of New South Wales an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (with right to sub-license) to reproduce, publish, communicate to the public, adapt and otherwise exploit the vessel decorations, including any artistic or literary works contained therein, in all media whether known now or developed in the future and without any requirement to attribute such works to the creator or author.
  6. To the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master agrees to obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 9.5 above.
  7. The State of New South Wales does not take responsibility for any use of images of vessel decorations by any other person. 

10. COMPLIANCE WITH NSW MARITIME SAFETY LEGISLATION

  1. The Master must comply with, and ensure that all Participants comply with, all relevant laws in operation in the State of New South Wales, including, without limitation, all laws contained in:
  2.  The Master is reminded that under New South Wales law:
    • it is an offence:
      • i. to operate a vessel (including to be towed by a vessel, to act as an observer on a vessel of any person being towed by the vessel or supervise a juvenile operator of a motor vessel) under the influence of alcohol or any other drug;
      • ii. to operate an unsafe vessel;
      • iii. to operate a vessel negligently, recklessly or at a speed or in a manner dangerous to the public;
      • iv. to operate or make other use of a vessel in a manner that interferes unreasonably with the lawful use of those waters by other persons,
    • the operator of a sailing vessel must keep out of the way of, and a safe distance from, a vessel displaying an orange diamond (including Manly, First Fleet and Lady Class Ferries);
    • the operator of a vessel must ensure the vessel carries the safety equipment specified in Schedule 8 of the Regulations.
  3. The Master is further reminded of the terms of Schedule 6 of the Regulations (Requirements relating to Sydney Cove).
  4. Nothing in these Terms and Conditions shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with relevant laws or of the neglect of any precaution which may be required by the ordinary practice of seamen, or the special circumstances of the case.
  5. In construing and complying with these Terms and Conditions, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Terms and Conditions necessary to avoid immediate danger. 

11. WARRANTIES, INDEMNITY & RELEASE

  1. The Master warrants that:
    • the Master has considered what insurance arrangements (including with respect to the Participating Vessel, the Master, Participants and third parties) are necessary and appropriate for the Parade and has made such arrangements as are appropriate;
    • the Participating Vessel carries and will carry during the Parade, the minimum safety equipment specified in Schedule 8 of the Regulation and that such safety equipment complies with the minimum standards for safety equipment set out in Schedule 7 of the Regulation;
    • if the Master is not the owner, the owner has given written permission for the Participating Vessel to be entered in the Parade;
    • prior to the Parade the Master will obtain from each Participant on the Master’s vessel permission (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for the purposes and in the ways set out in clause 9 (Promotional Activities);
    • to the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master will obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 9.5 above; and
    • in Participating in the Parade the Master will comply with, and ensure all Participants comply with:
      • all relevant laws in operation in the State of New South Wales; and
      • these Terms and Conditions, including the Parade Rules.
  2. Except for any liability that cannot be excluded by law, the State of New South Wales (including, but not limited to, any officer, employee, contractor or agent of the State of New South Wales) excludes all liability (including negligence, and whether advised or aware of the possibility of that liability), for any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or connected to the Parade, including, but not limited to, where arising out of:
    • any technical difficulties or equipment malfunction;
    • any collision, including a collision of any Participating Vessel into any other vessel, obstruction, land or object;
    • any weather related event;
    • any tax liability incurred by any winner or participant;
    • any unauthorised use of images, including images of the Participating Vessel, Master, Participant or material subject to copyright; and
    • any variation of these terms and conditions.
  3. The Master must indemnify and keep indemnified the State of New South Wales and any manifestations of the State of New South Wales, including, but not limited to, the ADCNSW, the Department of Premier and Cabinet, NSW Roads and Maritime Services and their officers, employees and contractors (“those indemnified”) from and against all proceedings, actions, claims, suits, demands, losses, costs including legal costs, expenses and damages which may be brought by any Participant on the Master’s vessel against any of those indemnified as a result of:
    • any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential; and
    • any infringement or alleged infringement of an intellectual property right (including copyright and moral rights), arising in any way out of or connected to the Parade.

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