For and in consideration of the Greater Havre de Grace Yacht Club Inc. (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 as detailed in the Sailing Instructions (SI) posted on the HdGYC.org website and I will personally follow all current safety and health requirements and recommendations of the Local, State, and Federal health authorities applicable to Covid-19.
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 man-made 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 (“Risks”).
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 in actions, the actions or in actions 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 being registered) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in any Event.
I allow the use of my image on club websites when used for noncommercial purposes only. In consideration of being permitted to join HdGYC and participate in its scheduled racing events, being knowledgeable of the risks of competitive sailing and knowing that it is my sole responsibility to decide whether to participate in or continue to participate in any event scheduled by HdGYC, I voluntarily assume any and all risk arising from my participation in these events and release HdGYC, its Officers, Board of Directors, people conducting the event and the General Membership from all liability in connection with any injury or damage that may occur.
I agree to 1) abide by the Racing Rules of Sailing (RRS), 2) have adequate marine liability insurance when participating in Havre de Grace Yacht Club (HdGYC) events, 3) abide by the 2021 Notice of Race published by HdGYC, 4) abide by other rules that govern events and 5) allow the use of my image on club websites when used for noncommercial purposes only. In consideration of being permitted to join HdGYC and participate in its scheduled racing events, being knowledgeable of the risks of competitive sailing and knowing that it is my sole responsibility to decide whether to participate in or continue to participate in any event scheduled by HdGYC, I voluntarily assume any and all risk arising from my participation in these events and release HdGYC, its Officers, Board of Directors, people conducting the event and the General Membership from all liability in connection with any injury or damage that may occur.
I certify that this yacht conforms in every way to her Class Rules and Measurements. For PHRF, a copy of my most recent Handicap Rating Certificate or valid listing is available online. In the event that a certificate or listing is not available, I understand that HdGYC may assign a rating. My recourse if I disagree with this rating is to provide the proper PHRF Certificate. For other classes, any applicable certification is on file with the Class Representative, Host Club, or attached hereto. I acknowledge that the safety equipment on my yacht conforms to applicable Class and United States Coast Guard Regulations.
I understand that as a racing skipper I am responsible to hold my crew to the same rules and assumption of risk as identified above.