The Cruising Yacht Club of Australia (CYCA), which organizes the Sydney to Hobart yacht race, requires all crew members to sign a disclaimer that acknowledges their participation is at their own risk.

Tragically, two sailors lost their lives during this year's race when they were struck by the mainsail boom, underscoring the inherent dangers associated with ocean racing.

The incident involving the yacht Flying Fish Arctos raises complex liability issues, particularly as the vessel was operated by a sail training business catering to paying customers with limited sailing experience.

Participation in the race comes at a steep cost of $12,990 per person, yet the training provided often includes only minimal offshore experience, raising serious concerns about the competence of the crew.

In light of these incidents, there are calls for an independent government agency to oversee safety training and credentialing for sailors, ensuring that proper standards are established before individuals engage in high-risk activities.

Consumer protection laws in Australia impose liability based on negligence, which could potentially implicate both the training companies and the CYCA, given their profit-driven nature.

Despite the disclaimers that participants sign, Australian law does not permit individuals to waive their rights concerning safety and liability, which complicates the legal landscape.

David Salter, an experienced sailor with 12 Sydney-Hobart races under his belt, emphasizes that the challenging race conditions are not suitable for beginners.

Public policy strongly advocates for the prevention of harm in commercial relationships, suggesting that the CYCA could face liability due to their collection of entry fees for the race.