In consideration of the acceptance of my race entry by California Yacht Club (CYC), I, as the PARENT/OR LEGAL GUARDIAN, agree as follows:
1. REPRESENTATIONS. I own or have chartered the boat entered and I am a member of the ILCA-NA or my own national Laser Class Association. I certify that my boat is equipped to conform with U.S. Coast Guard, US SAILING and Class/Fleet safety requirements., including a personal flotation device for myself. I represent that I am physically fit to participate in the race.
2. RULES. I have read the Notice of Race for this event and will abide by its terms. I am fully responsible for the operation of my boat. I will comply with all US SAILING rules, the sailing instructions and applicable laws, including the California Harbors & Navigation Code.
3. ASSUMPTION OF RISK. I acknowledge that sailboat racing involves risks, and I freely assume all risks, including the risks of serious personal injury, death or permanent disability from accident, drowning, exposure, overexertion, adverse sea or weather conditions, loss or damage of my boat and equipment, as well as all unforeseen risks. My participation in this recreational activity is voluntary for my own enjoyment, and I am free to withdraw at any time I deem prudent.
4. INSURANCE. CYC is not my insurer. I will maintain insurance policies sufficient to protect myself and my property, including liability, medical and property coverage. My insurance coverage will be primary and non-contributory.
5. LIABILITY WAIVER & RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE THE RIGHT TO SUE AND I FOREVER RELEASE CYC AND LOS ANGELES COUNTY FROM ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE RACE AND USE OF CYC’s FACILITIES, INCLUDING ANY ORDINARY ACTIVE OR PASSIVE NEGLIGENCE OF CYC OR L.A. COUNTY.
6. HOLD HARMLESS. TO THE FULLEST EXTENT PERMITTED BY LAW, I AGREE TO INDEMNIFY AND HOLD CYC AND L.A. COUNTY HARMLESS FROM ANY CLAIM, DAMAGE, LIABILITY, LOSS SUIT, COST OR EXPENSE INCLUDING ATTORNEY FEES, ARISING FROM MY ACTS OR OMISSIONS, AND FROM ANY SUIT BROUGHT AGAINST CYC IN VIOLATION OF THIS AGREEMENT.
7. INTERPRETATION. This Agreement contains all of the understandings between CYC and me regarding the subject matter hereof, and may be modified only in a writing signed by the parties. I am not relying on any inducement, representation, promise or understanding not contained in this Agreement. The waiver, release and indemnity provisions herein are intended to be as broad, comprehensive and inclusive as permitted by law, but are not intended to assert any claim or defense prohibited by law. The terms of this Agreement shall be interpreted in such a way as to render them valid whenever possible, and shall not be strictly construed against CYC. If any part of this Agreement is held invalid, the remainder shall continue in full force and effect. As used herein, “CYC” means California Yacht Club, Inc. and its owners, affiliates, directors, officers, employees, race committee members and officials acting in their official capacities.
Acknowledgment: I have carefully read and agree to the above terms. I understand that this is a binding contract that limits CYC’s liability to its gross negligence or willful misconduct.
I agree to the above: