THE SAN FRANCISCO YACHT CLUB SAILING PROGRAM
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT / PHOTO WAIVER
In consideration of my attending or participating in sailing instruction, race training, competition or other water-related activities hosted, organized, operated, sponsored, managed, promoted or endorsed by The San Francisco Yacht Club (“SFYC” or the “Club), I/we hereby agree on my own behalf as well as on behalf of my minor children and other family members as follows:
1. Boating Risks: I/we understand and agree that boating and the use of boating facilities and equipment involves 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, electrical hazards, interactions with other vessels, as well as with aquatic life, rocks, docks, pilings and buoys and other potential hazards. I/we freely and knowingly choose to take part in boating activities despite these risks, and to assume all such risks, whether known or unknown.
2. Club Programming Risks: I/we understand and agree that sailing, sailing instruction, chartering Club-owned boats or others, and events, facilities, or activities hosted, organized, operated, sponsored, managed, promoted, designed, built or endorsed by the Club, including but not limited to activities at the Club or away from the Club (collectively “Club Programming”) all present varying degrees and types of risk that may not be be possible to enumerate or anticipate, and I/we freely and knowingly choose to participate in Club Programming despite their risks, and whether such risks are known or unknown.
3. Release of Liability: To the fullest extent permitted by law, I/we agree to release The San Francisco Yacht Club and all sponsor and host organizations, organizing authorities, race committees, protest committees, judges, referees, arbitrators, officials, volunteers, class associations and all other persons involved in organizing, operating, managing, promoting or sponsoring any Club Programming or related activities, and all of their officers, directors, agents, employees and members (“Released Parties”), from any and all legal liability or responsibility for personal injury, illness, death, or other loss or harm arising from or related to Club Programming, or any related activities, and I/we waive any right I/we might otherwise have to sue the Released Parties for negligence or any other cause for which liability may be released under California law.
4. Assumption of Risk: To the fullest extent permitted by law and by this Agreement, I/we agree, as respects Released Parties, to assume all risk of injury, illness, death, or other loss or harm that may arise from presence or participation in Club Programming, whether such risks are known or unknown.
5. Liability of Competitors for Damages: If participating in an event governed by any part of the Racing Rules of Sailing or class rules (“RRS”), this Agreement is not intended to diminish or otherwise modify the obligations of boats, competitors or support persons imposed by the RRS or by organizing authorities, including obligations imposed by RRS Rule 67 or by any notice of race or sailing instructions. This Agreement also is not intended to alter any agreements or obligations among vessel charterers and owners, or undertaken by competitors relative to borrowed boats or boats provided by or through any Released Parties or by any hosts, class organizations or organizing authorities.
6. Vessel Safety: Skipper/owner of any vessel participating in any Club Programming represents that he/she has taken all reasonable steps to ensure that skipper, crew, and boat are adequately prepared for contingencies, including appropriate safety equipment and procedures as may be required by law, class rules, sailing instructions, or that a prudent mariner would consider advisable.
7. Decision to Sail: I/we understand and agree that the responsibility for a boat’s decision to sail or to continue sailing is hers alone (RRS Rule 3), at the sole risk of the boat, her skipper and crew, and that the Club is not responsible for such decisions.
8. COVID Risk: I/We acknowledge the contagious nature of COVID-19 and its variants, known and unknown (collectively “COVID-19”), and I/we voluntarily assume the risk that my child(ren) and I/we may be exposed to or infected by COVID-19 by participation in any Club Programming, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I/we understand and assume the risk of becoming exposed to or infected by COVID-19 from any actions, omissions, negligence, gross negligence, willfulness or intentional acts of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.
9. Authorization for First Aid and Medical Treatment: I/we consent and authorize the Club to provide emergency first aid and to arrange for medical assistance and transport to a medical facility in the event of a medical event or emergency, and I/we agree that I/we are solely responsible for any and all associated related costs and expenses.
10. Termination of Activities: All participants are expected to participate in Club Programming and related activities in accordance with applicable laws, customs, Club rules and regulations, the RRS, and with appropriate respect for good sportsmanship and the rights and privacy of participants and others in attendance. An individual may be asked to leave an activity by the activity leader or by Club management, Flag Officers or any organizing authority if the decision maker concludes that the person’s continuing participation may be detrimental to the individual or to the well-being or enjoyment of others. I/we will respect and abide by any such decision as final, at my/our sole expense, and without rights of redress.
11. Photos and Publicity: I/we hereby grant to the Club and its representatives and assigns an irrevocable and unrestricted right to use and publish descriptions, competition results and images of me and of my boat, crew and guests taken during or in connection with any Club Programming, and I/we agree that the Club owns all rights to them, and the Club and its representatives and assigns may use them for any purpose and in any form, including formats or media not presently known or knowable, in perpetuity, and without compensation.
12. Final Agreement: This document is the final and entire Agreement regarding my/our attendance at or participation in Club Programming and related activities; it is binding upon our families, guests, crew and our heirs, successors and assigns, and it supersedes any and all other documents or oral statements on topics addressed by this Agreement. If any part of this Agreement is found to be invalid or unenforceable, the remainder shall be given full force and effect. This Agreement 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.
13. Duration of Agreement: This Agreement will remain in effect for the complete 2023 SFYC season and any extension thereof, and it will apply to each SFYC water-related event and activity in which I/we take part.
READ CAREFULLY BEFORE AGREEING – THIS IS A LEGALLY BINDING CONTRACT
(If participant is a minor, the signature of a parent, guardian or agent is required)
Parent or Guardian: I warrant and represent that I am the parent, legal guardian or agent of the participant(s) named in this Agreement, that all information in this Agreement is correct, and that I have full authority to enter into this Agreement on behalf of the minor(s) or other person(s) named above, as well as our families, heirs, successors and assigns, and I/we agree to be bound by all terms and conditions of this assumption of risk, liability release, and hold harmless agreement.