In consideration of the acceptance of my race entry by California Yacht Club (CYC), I agree as follows:
1. REPRESENTATIONS. I own or have chartered the boat entered and I am a member of a yacht club or sailing association that belongs to US SAILING or my own national authority. 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 each crew member. I represent that my crew and I are 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 and cause my crew to comply with all US SAILING rules, the sailing instructions and applicable laws, including the California Harbors & Navigation Code.
3. ASSUMPTION OF RISK. My crew and I acknowledge that sailboat racing involves risks, and we 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, the failure, loss or damage of my boat/equipment, the risk of my own negligence and/or the negligence of others, as well as unforeseen risks. Our participation in this recreational activity is voluntary for our own enjoyment, and I am free to withdraw my boat from this Event 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 primary and non-contributory liability, medical and property coverages.
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 OR MY CREW’S PARTICIPATION IN THE EVENT, USE OF CYC’s FACILITIES, AND ANYACTIVE OR PASSIVE ORDINARY 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 ATTORNEYS’ FEES, ARISING FROM MY OR MY CREW’S 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. I intend that this Agreement shall fully bind my estate, heirs, survivors and/or assigns. The release and indemnity provisions herein are intended to be broad, comprehensive and inclusive to the fullest extent permitted 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, it shall be modified to the minimum extent required to make it valid, and if it cannot be so modified it shall be severed and 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 understand that this is a binding contract that limits CYC’s liability to its gross negligence or willful misconduct, and I sign of my own free will.