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SSS Centre Agreement

2022/23 Safety & Sea Survival (SSS) Centre Agreement – Terms & Conditions

This SSS Centre Agreement (Terms & Condition), as amended or updated from time to time, govern all aspects of accredited Australian Sailing Safety & Sea Survival Centres.

Although Australian Sailing will attempt to notify Centres of any changes or updates to these Terms and Conditions, amendments or updates will be made available on Australian Sailing’s website (https://www.sailingresources.org.au/safety-sea-survival/safety-sea-survival-centres/).

  1. Appointment

Effective from the date Australian Sailing notifies the Centre in writing that its Accreditation is successful (Accreditation Date), the Centre is accredited as an Australian Sailing Safety & Sea Survival Centre for the courses:

  • Safety & Sea Survival Course
  • Safety & Sea Survival Refresher Course
  1. SSS Centre Agreement

The Centre agrees that from the Accreditation Date, the Centre will comply with the SSS Centre Agreement, which comprises:

  • Australian Sailing’s Safety & Sea Survival Centre Operating Standards and Guidelines published by Australian Sailing, (Operating Standards);
  • This SSS Centre Agreement (Terms and Conditions);
  • Any Attachments.

To the extent of any inconsistency between the documents comprising the SSS Centre Agreement, the higher listed document prevails.

The Centre acknowledges that Australian Sailing reserves the right to cancel the Centre’s Accreditation for any failure to comply with the SSS Operating Standards and Guidelines and the SSS Centre Agreement / these Terms and Conditions.

  1. Australian Sailing Program Delivery

The Centre may deliver courses for which the Centre is Accredited (Australian Sailing Safety & Sea Survival Program). The Centre will deliver the Australian Sailing Program in accordance with the SSS Centre Agreement and to the syllabi contained in the Racing RUles of Sailing. 

  1. Instructor Qualifications

The Centre will ensure the instructors it engages to conduct the SSS course(s) all hold a current Australian Sailing Safety & Sea Survival qualification and other pre-requisites such as First-aid and Marine Radio Operators Certificate of Proficiency (MROCP). 

The Centre will appoint the instructor to the specific course within revSPORT (Australian Sailing's training database and course/qualification management system), in order to finalise the course e.g. Mark students complete and issue certificates. Please note: Instructors who are not current, e.g. have a qualification that has lapsed will not appear on the list of instructors to be added to the course. Qualifications will lapse if:

  • Qualification has expired, and needs reaccrediting
  • Annual renewal fee not paid
  • Pre-requisites have lapsed, e.g. First-Aid Certificate 
  1. Equipment

Without limiting the Centre’s obligations under the Operating Standards, the Centre must:

  • Ensure all equipment in all respects is regularly inspected and maintained, suitable, equipped to all applicable industry standards including, but not limited to those set out in the Australian Sailing SSS Centre Operating Standards and Guidelines. 
  • Ensure all students and instructors are in possession of all appropriate personal safety equipment (e.g Lifejackets, heavy weather gear, etc) and will be required to use and wear this equipment as part of the course.
  1. Record Keeping and Privacy

The Centre is responsible for ensuring that the names and contact details of all participants in all Australian Sailing Programs are entered into the Australian Sailing database (revSPORT) at the time of their enrolment or within 48 hours of the course commencement in order to be covered by the Australian Sailing Personal Accident Insurance. Australian Sailing treats personal information contained in records of participants and certificates issued and held in myCentre in accordance with Australian Sailing’s Privacy Policy and such records are not accessible to other clubs or centres.  The Centre is responsible for ensuring each participant is provided with a copy of Australian Sailing’s Privacy Policy (This is outlined in the embedded Terms and Conditions within SSS course online registration forms within revSPORT). The Australian Sailing Privacy Policy can be located here.

  1. Award of Certificates

The Centre is responsible for recording participants who have successfully completed each course by completing the following:

  • Marking the participants as “completed” in the event in revSPORT. This will generate and send an automated certificate of completion and a satisfaction survey. All certificates issued on completion of Australian Sailing courses will be the official Australian Sailing certificates.  The results of the satisfaction surveys will be available to Australian Sailing and the Centre, which can be forwarded to the Instructor/s.
  • In order to be marked as "complete" a SSS course participant needs to have attained 80% or higher in the Exam, and participated in both Pool and Classroom sessions.
  1. Course Packs

The Centre can choose to issue every participant a course pack, available from the Australian Sailing Online Shop, for the SSS course. A course pack is simply an RYA Sea Survival e-book voucher code. Course packs do NOT contain the participant registration fee – this is now collected through the revSPORT system.

  1. Publicity

The Centre will ensure that advertising and publicly available material issued by the Centre only contains references to Australian Sailing and Safety & Sea Survival during the period that the Centre is a SSS Accredited Centre and when describing Australian Sailing Programs for which the Centre is accredited.  No such reference will be made by the Centre when describing activities other than Australian Sailing Programs for which the Centre is accredited, such as sailing holidays, yacht charters, or general holiday activities offered by the Centre. 

  1. Branding

The Centre will ensure that any use of the Australian Sailing Safety & Sea Survival brand and logo will be in accordance with the Australian Sailing Brand Guidelines as published by Australian Sailing. 

  1. Sponsorship

Centres agree to acknowledge any sponsors of the Australian Sailing programs, except to the extent that the Centre has an existing sponsor at the time of signing this Agreement. 

    12. The Centre is in control of delivery of the Australian Sailing Programs

From the Accreditation Date, the Centre must hold public liability insurance for a sum not less than $10,000,000.

To the extent permitted by law, the Centre releases Australian Sailing from and agrees Australian Sailing is not liable for liability or loss arising from, and costs incurred in connection with:

  • Breach of any express or implied warranty given by the Centre that the Australian Sailing Programs will be delivered with reasonable care and skill; and
  • Damage, loss, injury or death suffered by a participant in an Australian Sailing Program delivered by the Centre, except to the extent caused or contributed to by the negligence or default of Australian Sailing.

The Centre indemnifies Australian Sailing against any liability or loss arising from and costs incurred in connection with damage, loss, injury or death suffered by a participant in an Australian Sailing Program delivered by the Centre:

  • To the extent caused or contributed to by the negligence or default of the Centre; and
  • Except to the extent that loss or liability arises from injury or death which is covered by the Australian Sailing Personal Injury Insurance.

In this clause;

‘Australian Sailing’ means Australian Sailing Limited ABN 26 602 997 562 and includes its directors, officers, employees and agents.

‘Personal Injury Insurance’ means the insurance program effected by Australian Sailing provides benefits to financial members of Australian sailing Affiliated Clubs and participants of an accredited Australian Sailing course when registered in the national database who, through injury or accident, incur financial loss and who otherwise have not received assistance. For a summary of cover, policy and claim forms, click here.

  1. Applicable Laws

The Centre must ensure compliance with all statutory or common law duty of care owed to employees, volunteers, participants and instructors. The Centre must comply with:

  • All applicable laws (including but not limited to all regulations, statutes and by-laws) that apply to the rights and obligations in the SSS Centre Agreement; and
  • The SSS Operating Standards and Guidelines
  • COVID-19 State regulation in order to maintain a safe environment for staff and course participants (e.g. hygiene, maximum number of people, emergency protocols, etc)
  1. Payment of Fees

For each year of the Term, the Centre must pay all applicable fees as outlined in the Fee Schedule for that year. The Annual Recognition Fee is payable within 30-days of receipt of Accreditation Invoice.

This payment needs to be made using a credit card via the revSPORT payment portal. Surcharges apply.

  1. Term, Centre Review

This Agreement will commence on the Accreditation Date and continue until 30 June 2023, at which time the Centre must renew its accreditation on the then applicable terms (Term). Continuation during the Term and reaccreditation at the end of the Term shall be subject to:

  • Compliance with the SSS Centre Agreement
  • The Annual Fee being paid; and
  • A Centre review to be conducted every 3 years by Australian Sailing or its designated representative.
  1. Termination

Australian Sailing may decide, in its sole discretion to discontinue Accreditation of the Centre at any time for:

  • Non-compliance with the SSS Centre Agreement which is not remedied within 30 days of written notice of the alleged breach;
  • An unsatisfactory review which is not remedied within 30 days of documentation of the unsatisfactory matters identified in the review;
  • Non-payment or avoidance of fees payable;
  • Change of the Centre’s Principal without approval of Australian Sailing; or
  • Sale of a commercial centre to another person or entity.

A Centre may terminate the SSS Centre Agreement with 30 days notice to Australian Sailing. Where the SSS Centre Agreement is terminated by either party for any reason the Centre must immediately cease the use of any reference to Australian Sailing or Safety & Sea Survival or the use of any intellectual property that it may have acquired as a result of being a SSS Centre.

  1. Other General Items
  • Accreditation will remain valid only during such time as the Principal who completes the SSS Centre Agreement remains in that position and will automatically cease 30 days after the death, retirement, discontinuance of active instruction, or ceasing to be the person in charge at the Centre unless a new Principal has been appointed with the prior approval of Australian Sailing.
  • Australian Sailing may amend these terms and conditions and other accreditation criteria and, the Operating Standards and Guidelines and course syllabi, and fees from time to time.
  1.  Acceptance

By applying, the Principal confirms that the Centre agrees to comply with the SSS Centre Agreement and SSS Operating Standards and Guidelines.