ACCIDENT REVIEW COMMITTEE

GOLDEN GATE YACHT CLUB

1 Yacht Road – On the Marina San Francisco, California USA 94123

34th America’s Cup Review Committee

1. Appointment:InresponsetothetragiclossofAndrewSimpsononMay9,2013 on San Francisco Bay, injuries to other crew, and other incidents, the Golden Gate Yacht Club as Defender/Trustee for the 34th America’s Cup (“Trustee”) appoints the following persons (“Review Committee”) to review the training and racing of AC72 yachts in the 34th America’s Cup, and make recommendations to the Trustee, the organizers and the Competitors:

Iain Murray (AUS, Chair)
Sally Lindsay Honey (USA, Deputy Chair) John Craig (USA)
Chuck Hawley (USA)
Vincent Lauriot-Prévost (FRA)
Jim Farmer QC (NZL)

Review Committee liaisons will include:

US Coast Guard (Lt. Jon Lane)
San Francisco Police Department (Capt. Thomas Cleary)

The U.S. Coast Guard supports this approach and will assist as appropriate, and the Competitors have unanimously agreed to the appointment of this Review Committee.

2. Scope:TheReviewCommitteewillreviewthesafetyoftrainingandracingof AC72 yachts on San Francisco Bay. The scope of the review, and subsequent recommendations, is not limited.

3. Engagement:TheReviewCommitteewillbeengagedontermsthatincludea written undertaking of on-going confidentiality and independence. The Review Committee will consult with each Competitor and organizers.

4. AppointmentofOthers:TheReviewCommitteemayconsultorengage America’s Cup Race Management (“ACRM”) as a neutral and independent entity, any officials appointed for the 34th America’s Cup, and any other

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person(s) or organisations they believe will assist them in conducting the review and making its report.

5. Delivery:TheReviewCommittee‘sreportwillbemadeassoonaspracticable bearing in mind that racing is scheduled to commence on July 5, 2013, and that some competitors are now sailing AC72 yachts on San Francisco Bay to prepare for racing.

6. Acknowledgment:ItisunderstoodandagreedbytheTrustee,allCompetitors, the America’s Cup Event Authority (“ACEA”) and ACRM that:

1. (a)  the appointment of the Review Committee does not alter or add to any responsibilities assumed and allocated by the provisions of the Protocol Governing the 34th America’s Cup (“the Protocol”) or any other rules or document referred to in such Protocol;
2. (b)  some recommendations of the Review Committee will require the co- operation and support of Competitors;
3. (c)  no report or recommendations will ever eliminate risk of injury or death in competitive sailing, and that competitive sailing will always be subject to a level of risk that must be, and always has been, assumed by the participants; and
4. (d)  Competitors remain at all times subject to article 18.1 of the Protocol, and take part in the 34th America’s Cup at their own risk and responsibility, and subject to Fundamental Rule 4 of the Racing Rules of Sailing, and that the responsibility for a yacht’s decision to participate in a race or to continue racing is hers alone.

7. Implementation:TheTrusteeexpectsallCompetitors,organizersandofficials to fully and expeditiously co-operate with the work of the Review Committee, and to make any amendments to any rules governing the 34th America’s Cup in order to fully implement the recommendations of the Review Committee.

GOLDEN GATE YACHT CLUB

_______________________ Norbert A. Bajurin Commodore

San Francisco May 14, 2013