The Edgartown Yacht Club Regatta Waiver
I hereby agree to all of the conditions for the Edgartown Yacht Club Annual Regatta. 1. My crew and I recognize that sailing is an activity that has an inherent risk of damage and injury associated with it. We have read RRS 4, Decision to Race and hereby acknowledge and agree that we are participating in this event entirely at our own risk. 2. I acknowledge and agree that neither the organizing authority nor the race committee, nor their members, will be responsible for: (a) any damage to the entered boat or my other property, or (b) any injury to myself or my crew, including death, sustained as a result of the participation of myself, my crew and the boat in this event. 3. I hereby waive any rights I may have to sue the race organizers (organizing authority, race committee, protest committee, host club, sponsors, or any other organization or official) with respect to personal injury or property damage suffered by myself or my crew as a result of our participation in this event and hereby release the race organizers from any liability for such injury or damage to the fullest extent permitted by law. 4. I have taken all necessary steps to ensure that myself, my crew and the entered boat are adequately prepared for all possible contingencies, including appropriate safety equipment as may be required by law or that a prudent seaman would consider advisable. 5. I understand this document has important legal consequences and have consulted such legal and other advisors as I deem appropriate before signing.
Assumption of Risk and Waiver of Liability - COVID
The novel coronavirus “(COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and other health safety steps.
The Edgartown Yacht Club (“the Club”) opened the 2020 Season for limited use beginning on May 25, 2020. The Club has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that I or those in my immediate household will not become infected with COVID-19. Further, visiting the Club could increase your risk and your child(ren)’s risk of contracting COVID-19.
By submitting this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my spouse, family, child(ren), grandchild(ren) and I may be exposed to or infected by COVID-19 by visiting the property and using the facilities the Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Club’s board of trustees, officers, employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my spouse, family, child(ren), grandchild(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my spouse, family, child(ren)'s or grandchild(ren)’s attendance at the Club or participation in Club programming ("Claims"). On my behalf, and on behalf of my spouse, family, child(ren) or grandchild(ren), I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Edgartown Yacht Club, its employees, agents, board of trustees, officers, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Edgartown Yacht Club program and the use of Club facilities.
Electronic Signature Consent
Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. The Parties agree that this Agreement, any Addendum thereto or any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on both Parties the same as if it were physically executed and each Party hereby consents to the use of any third party electronic signature capture service providers as may be chosen by the other Party.