Register For

2020 Commodore Cup

September 19, 2020

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Skipper must be a SHYC member , no fee for this race

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GENERAL RELEASE AND INDEMNIFICATION AGREEMENT

WARNING: THERE ARE SIGNIFICANT ELEMENTS OF RISK IN ANY ADVENTURE, SPORT OR ACTIVITY, ESPECIALLY THOSE IN, ON AND AROUND WATER. YOU REPRESENT THAT YOU ARE AWARE OF AND WILLING TO ACCEPT THOSE RISKS BY SIGNING BELOW.
EVENT: SHYC Commodore’s Cup.
CLAIMS: ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, DAMAGES, LAWSUITS, COSTS OR EXPENSES OF ANY NATURE, KNOWN OR UNKNOWN, ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE EVENT, INCLUDING, WITHOUT LIMITATION, THOSE BASED ON THE NEGLIGENCE, ACTION OR INACTION OF ANY OF THE RELEASED PARTIES, WHETHER FOR BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER SUFFERED BY ME, ANY MEMBER OF MY IMMEDIATE FAMILY OR CREW OR THE RELEASED PARTIES.
FACILITY: THE SHYC’S BUILDINGS, GROUNDS, MACHINERY, DOCKS, PIERS AND ANY OTHER PLACE, STRUCTURE OR ITEM USED IN CONJUNCTION WITH THE EVENT.
RELEASED PARTIES: THE SOUTH HAVEN YACHT CLUB (SHYC) AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND ANY OFFICIALS GOVERNING THE EVENT, AS WELL AS ALL SUCCESSORS AND ASSIGNS OF THE ABOVE.
YOU, I, ME OR MY: THE UNDERSIGNED INDIVIDUAL ON BEHALF ON HIM/HERSELF, HEIRS, AND ASSIGNS, FAMILY AND CREW.
IN CONSIDERATION OF MY PARTICIPATION IN THE EVENT I RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS. FURTHER, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES AGAINST ALL CLAIMS MADE BY OR THROUGH ME WHETHER OR NOT ARISING FROM MY PARTICIPATION IN THE EVENT.
I AGREE AND REPRESENT THAT:
1. I ASSUME ALL RISKS KNOWN AND UNKNOWN THAT MIGHT ARISE FROM MY PARTICIPATION IN THE EVENT AND /OR SUCH RISKS THAT ARE OR MAY BE INCIDENTAL TO THE EVENT. I RECOGNIZE THAT SUCH risks include, but are not limited to, those caused by the use OF THE FACILITY, of tools to maintain boats; related boat maintenance activities; facilities and equipment; participant's abilities or lack of abilities in the use of equipment; vehicular and pedestrian traffic; and actions of other people, including, but not limited to, the administration and supervision of the EVENT.
2. I WILL INDEMNIFY AND HOLD HARMLESS ALL OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS (AS DEFINED ABOVE) INCLUDING BUT NOT LIMITED TO ATTORNEY FEES ARISING OUT OF, RELATED TO, OR CONNECTED WITH MY PARTICIPATION IN THE EVENT AND /OR MY PARTICIPATION IN ANY ACTIONS INCIDENTAL TO THE EVENT.
3. I AM PHYSICALLY FIT, SUFFICIENTLY TRAINED AND CAPABLE OF PARTICIPATING IN THE EVENT.
4. I HAVE NOT BEEN ADVISED BY A QUALIFIED MEDICAL PERSON THAT I SHOULD NOT PARTICIPATE IN THE EVENT.
5. I AM FAMILIAR WITH AND BOUND BY THE CURRENT RACING RULES OF SAILING, THE NOTICE OF RACE AND THE SAILING INSTRUCTIONS.
6. THE ATTACHED PROOF OF INSURANCE IS CURRENT AND THE IDENTIFIED INSURANCE IS IN FULL FORCE AND EFFECT AND IS ADEQUATE TO COVER MY PARTICIPATION IN THE EVENT. MINIMUM $300,000 LIABILITY COVERAGE
7. I AM AUTHORIZED TO SIGN THIS RELEASE ON BEHALF OF MY FAMILY MEMBERS AND CREW.
8. I EXPRESSLY AGREE THAT THE FOREGOING GENERAL RELEASE AND INDEMNIFICATION AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS POSSIBLE AS PERMITTED BY THE LAWS OF THE STATE OF MICHIGAN AND THAT IF ANY PORTION IS HELD INVALID, THE REMAINING PORTION WILL CONTINUE TO BE VALID AND ENFORCEABLE AGAINST ME.

I agree to the above:

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