2024 SOUTH SHORE YACHT CLUB QUEEN'S CUP® RACE
RELEASE AND WAIVER OF LIABILITY AGREEMENT
In consideration of being permitted to participate in the 2024 South Shore Yacht Club Queen’s Cup® Race (the “Race”), hosted by the South Shore Yacht Club (the “Club”), which has appointed the Club’s Special Events Committee to be the Organizing Authority (“OA”) of the Race, and in consideration of the substantial volunteer effort made by volunteers with respect to the Race, I, the undersigned, for myself, my personal representatives, assigns, heirs and next of kin, hereby:
1. Acknowledge, agree, warrant and represent that, at any time before or during or the Race, if I feel there is anything unsafe in or near the Club or the Race area, I will immediately so advise officials of the Club or the OA and if necessary will leave the Club or the area and/or refuse to participate further in the Race.
2. Release, waive, discharge and covenant not to sue the Club, the OA, and/or their respective members, trustees, directors, officers, employees, agents, volunteers, measurers, judges, independent contractors, sponsors, designees, successors, assigns, rescue personnel, consultants and others who give advice or recommendations, insurers, and any other affiliates of the Club or OA (hereinafter collectively “Releasees”) FROM and FOR ALL LIABILITY TO ME, my crew, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage and any claim or demands therefor on account of injury to the person or property or any event resulting in my death arising out of or related to the Race, whether caused by the negligence of the Releasees or otherwise. I understand that such negligence could arise from or relate to but is not limited to Releasees’ deciding whether or not to start or continue the Race and any other decisions arising out of Race management; operating power boats, cranes, or other equipment; providing or maintaining launch ramps, cranes, piers, docks, marks, buoys, and other property; training or supervising employees or volunteers; providing instructions or services; or providing any first aid or emergency medical treatment, or providing any rescue activity.
3. Assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Race whether caused by the negligence of Releasees or otherwise.
4. Acknowledge that the activities of the Race are very dangerous and involve the risk of serious injury and/or death and/or property damage. Specifically, my crew and I acknowledge that sailing on Lake Michigan is potentially very dangerous and presents hazards including but not limited to high waves, strong wind, cold water, cold weather, equipment failure, vessel failure, a vessel that is not seaworthy, injury or death or damage during rescue, and collision. I further acknowledge that injuries received may be compounded or increased by negligent rescue operations or by procedures of the Releasees. I further acknowledge my own, sole responsibility in deciding to start or remain in the Race with my vessel and crew, and my own, sole responsibility to ensure that my boat, equipment and crew are seaworthy for any and all conditions that may be encountered during the Race.
5. Acknowledge and accept that the Race is governed under the 2021-2024 Racing Rules of Sailing (“RRS”) except as modified in the Notice of Race and Sailing Instructions (together, the “Rules”), and with the specific exception that RRS 81 shall not apply to this event. I further acknowledge and accept that my conduct and participation in the Race and the liability of the Releasees is therefore also bound by and subject to provisions of the Rules including but not limited to RRS 3 (“The responsibility for a boat’s decision to participate in a race or to continue to race is hers alone”) and RRS 4 (acceptance of Rules, governance, dispute resolution and penalties, and agreement “not to resort to any court of law or tribunal not provided for in the rules”). I have taken all necessary steps to ensure that myself, my crew and the entered boat are adequately prepared for all possible contingencies, including appropriate safety equipment as may be required by law or that a prudent seaman would consider advisable.
6. Agree that my crew and I have read RRS 3 and that we are participating in this event entirely at our own risk. I have taken all necessary steps to ensure that myself, my crew and the entered boat are adequately prepared for all possible contingencies, including appropriate safety equipment as may be required by law, by the Sailing Instructions, the Notice of Race, or that a prudent seaman would consider advisable.
7. Agree that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT extends to all acts of negligence by the Releasees, including negligent rescue operations, and is intended to be as broad and inclusive as permitted by the laws and courts of the State of Wisconsin and that in the event that any provision is held to be prohibited or invalid, the remainder of this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT shall continue in full legal force and effect, and that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT supersedes all prior negotiations, representations or agreements between myself and any one or more of the Releasees.
I have read this RELEASE AND WAIVER OF LIABILITY AGREEMENT, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my electronic signature below to be a complete and unconditional release of all liability to the greatest extent allowed by law.