LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
Read carefully before agreeing – This is a legally binding contract
In consideration of the acceptance by The San Francisco Yacht Club of my entry in this event, I hereby agree as follows:
1. Risks: I understand and agree that boating and related activities involve risks of injury, death and property damage from a variety of situations and causes that can change at any time without notice, including but not limited to water, wind and weather conditions, tides, currents, waves, immersion and drowning, equipment failure, interactions with other participants and/or vessels not involved in this event, as well as with aquatic life, rocks, docks, pilings and buoys and other potential hazards. I have freely and knowingly chosen to participate in this event despite these risks.
2. Decision to Participate: I understand and agree that the responsibility for a boat’s decision to participate is hers alone, and at the sole risk of the boat, her skipper and crew.
3. Release of Liability: To the fullest extent permitted by law, I agree to release The San Francisco Yacht Club and all other sponsor and host organizations, and all other persons involved in organizing, operating, managing, promoting or sponsoring this event and related activities, and all of their officers, directors, agents, employees and members (Organizing Authorities), from any and all legal liability or responsibility for personal injury, death or property damage arising from or related to this event and any related activities, and I waive any right I might otherwise have to sue the Organizing Authorities for negligence and any other cause for which liability may be released under California law.
4. Assumption of Risk: To the fullest extent permitted by law, I agree to assume all risk of injury, death and property damage that may arise from participating in this event as respects the Organizing Authorities.
5. Liability of Participants for Damages: This liability release and assumption of risk agreement is not intended to release liabilities, assume risks or otherwise modify the obligations of participants. The responsibility of a participant for damages arising from any violation of the navigation rules shall be based on fault, and shall not be governed by the legal doctrine of “assumption of risk.” This agreement is not intended to alter any agreements or obligations between vessel charterers and owners.
6. Safety: Skipper/owner represents that he/she has taken all reasonable steps to ensure that skipper, crew and boat are adequately prepared for all possible contingencies, including appropriate safety equipment and procedures as may be required by law, or that a prudent seaman would consider advisable.
7. Photos and Publicity: I hereby grant to The San Francisco Yacht Club and its representatives and assigns an irrevocable and unrestricted right to use and publish images of me and of my boat taken during or in connection with the event, and I agree that The San Francisco Yacht Club owns all rights to them, and the Club and its representatives and assigns may use them for any purpose and in any form, in perpetuity, and without compensation.
8. Final Agreement: This document constitutes the final and entire agreement regarding my participation in this event and related activities; it is binding upon the heirs, successors and assigns of all parties, and it supersedes any and all other documents or oral statements. If any part of this agreement is found to be invalid or unenforceable, the remainder shall be given full force and effect. This document shall be governed in all respects by the laws of the State of California, irrespective of any conflicts of laws, and is intended to provide for a broad and inclusive assumption of all risk and release of all liability to the greatest extent permitted by law, but it is not intended to assert any claims or defenses that are prohibited by law.