RELEASE AND WAIVER OF LIABILITY
2023 Wurstfest Regatta
Lake Canyon Yacht Club
In consideration of, and as a condition of, my participation in the Lake Canyon Yacht Club (“LCYC”) 2023 Wurstfest Regatta to be conducted beginning on or about November 3, 2023 and continuing through November 12, 2023 (collectively the “Event”), I, on behalf of myself, my spouse, next of kin, heirs, executors, administrators, personal representatives, successors and assigns (collectively “I” or “me”) hereby knowingly and voluntarily forever waive, release and discharge LCYC, its officers, directors, agents, representatives, employees, members, volunteers and insurers, (collectively, “LCYC”) from any and all claims, demands, rights of action, causes of action, damages, judgments, executions, expenses, court costs and attorneys’ fees, present or future, whether the same be known, anticipated, or unanticipated, which I may have, or claim to have, against LCYC arising or resulting from any death, personal injury, property damage or any other loss which is sustained as a result of my participating in the Event and any activities related to the Event.
I hereby agree to abide by the policies, rules, and procedures of LCYC, including but not limited to any on-the-water, ramp and off-the-water safety measures required by LCYC.
I hereby acknowledge that boating and racing are inherently dangerous, that serious accidents occasionally occur during boating and racing activities and that mortal or serious personal injuries and/or property damage or other loss may result from my participation in the Event (collectively, the “Risks”). I further acknowledge and agree that the decision to participate in the Event and any activities related to the Event is my responsibility alone and not that of LCYC or any person directing, undertaking, volunteering or assisting in the conduct of the Event and any related activities.
I understand that the Risks may be caused, in whole or in part, or result directly or indirectly from the negligent acts or omissions of myself, others participating in the Event, or LCYC, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, expenses, court costs and attorneys’ fees that I incur as a result of my participation in the Event. I further agree to be responsible for any death, injury, property damage or other loss caused by me or any persons under my direction and control in the Event.
RELEASE OF CLAIMS ARISING FROM ANY NEGLIGENCE, FAULT, ACT, OR OMISSION OF LCYC
THIS RELEASE, WAIVER DISCHARGE, HOLD HARMLESS AND COVENANT NOT TO SUE (THE “RELEASE”) SHALL APPLY REGARDLESS OF WHETHER ANY ALLEGED LOSS, DEATH, DAMAGES, CLAIMS, ACTIONS, EXPENSES, COURT COSTS AND/OR ATTORNEYS’ FEES WHICH ARISE FROM OR ARE CAUSED, OR ARE ALLEGED TO HAVE BEEN CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENCE, FAULT, ACT OR OMISSION OF LCYC.
It is my intent that this release and waiver operate to fully and finally waive, discharge, release, hold harmless and acquit any and all claims that I may have (or may allege to have) against LCYC based on, arising out of, relating to or any way connected with the Event and all activities related thereto. I further intend that this release fully apply to and bind my spouse and any agents, successors, assigns, heirs, partners and any and all other parties acting by, through or under me.
If any provision of this Release is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of any remaining provisions.
I hereby give my consent for LCYC to use photographs and likenesses of me in its publications, including its website.
By clicking on “I Agree” below, I certify that I have read, fully understand and agree to this Release and Waiver of Liability.