RACE ENTRY AGREEMENT
In consideration of acceptance of my entry by Santa Barbara Yacht Club (“SBYC”) the undersigned acknowledge and agree as follows:
1. The undersigned acknowledge that there are risks inherent in the sport of yacht racing. The undersigned freely assume any and all risks including personal injury or death, and loss or property damage of all types, including unforeseen risks and including, without limitation, the failure or breakage of the vessel described above or of any equipment thereon, arising from inclement weather, adverse sea conditions or otherwise. To the fullest extent allowed by law, the undersigned hereby waive all claims and causes of action, and discharge and release the Santa Barbara Yacht Club, its officers, directors, representatives, agents, employees, members, volunteers and guests, for any and all claims, demands, actions, right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries know or unknown, death or property damage, resulting from my participation in the regatta, whether by negligence or not.
2. As a condition to participating in SBYC racing events, each boat owner:
Accepts full responsibility for the suitability of his/her vessel for each event entered, taking into consideration the distance, worse case sea conditions, the design and sea worthiness of the vessel for those conditions and to maintain his/her vessel in a commensurate manner.
Accepts full responsibility for providing all safety equipment required by the United States Coast Guard together with such additional safety equipment that the Coast Guard deems advisable from time to time for the conditions reasonably expected to occur during the race.
Confirms that the boat owner is and will remain knowledgeable with respect to safety equipment and rescue procedures by familiarizing himself/herself with the recommendations of national (US Sailing) and / or international racing authorities (ISAF), including the US Sailing Safety Equipment Requirements as stated in http://www.ussailing.org/safety/equipment-and-requirements.
Agrees to attend local educational safety seminars, as the same are presented from time to time, to insure the highest level of knowledge concerning safe racing.
Acknowledges that, prior to any race, the decision to race or not race is the sole responsibility of the boat owner or the owner’s designee and that at all times during a race, the decision to continue or to retire based on unexpected conditions or equipment failure it is the responsibility of the boat owner or his/her designee.
Agrees to advise crew members of their responsibility to decide for themselves whether to race or not based on their own level of sailing and racing competence.
3. The undersigned certify that the vessel described above is insured so as to provide reasonable and adequate personal injury and property damage coverage for injury to persons and property as a result of the actions of the undersigned and/or the actions of any crew member and/or guest while racing or while engaging in activities relating to or connected with racing. The undersigned further certify that either (1) the named insured under the policy providing such insurance will be aboard the vessel at all times while racing or while engaging in activities relating to or connected with racing or that (2) a skipper duly authorized by the named insured shall be aboard and responsible for the vessel at all times while racing or while engaging in activities relating to or connected with racing and that such personal injury and property damage coverage is and will remain in effect irrespective of the presence or absence of the named insured on said vessel.
4. The undersigned agree to abide and be bound by the Racing Rules of Sailing, the Prescriptions of the U. S. Sailing Association, the COLREGS/Inland Rules, as applicable, and the Rules of the Santa Barbara Yacht Club, in force from time to time.
5. The undersigned owner declares that adequate property damage and liability insurance is provided by the carrier and policy stated above. The undersigned further agrees to notify SBYC of any changes to said policy of insurance that occur during the applicable series.6. The undersigned acknowledge and agree that the terms of this instrument are intended to be as broad and inclusive as permitted by the laws of the State of California and the US Sailing Racing Rules of Sailing (RRS). If any portion of this instrument is held invalid, the remaining portions shall continue in full legal force and effect.
For and in consideration of the Santa Barbara Yacht Club (the “Organization”) allowing me, the
undersigned, to participate in any capacity in an Organization sanctioned, licensed or approved event or activity (“Event”
or “Events”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal
representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual
representations pursuant to this Agreement (the “Agreement”):
A. RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization,
including any and all COVID-19 related safety measures required by the Organization.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated
with the sport of sailing, and that participation in any Organization involves risks and dangers including, without
limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease
(including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or
damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants,
event staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse
weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety
measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers and
competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers
C. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result
directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating
in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and
knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result
of my participation in any Events. I also agree to be responsible for any injury or damage caused by me or any agents
under my direction and control at any Event.
D. RELEASE: In consideration of my participation in any Event, I hereby release from liability and waive any claims
against the owner or organizer of the Event, its licensees, competition managers, promoters, sponsors, advertisers,
beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees,
volunteers and contractors of them (the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s),
demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any
kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events,
including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
E. COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding
between the parties regarding these issues and no oral representations, statements or inducements have been made
apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND
KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY.
By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below) hereby accept and
agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in any Event.