PARENT’S CONSENT WAIVER OF LIABILITY - ASSUMPTION OF RISK - INDEMNITY AGREEMENT
I am the applicant;s ("child") parent or legal guardian and that the child be allowed to participate in the Ocean Springs Sailing Squadron (OSSS) / Ocean Springs Yacht Club (OSYC) youth activities, which may include but not limited to, sailing, sailing lessons, swimming, and limited use of the facilities and activities and functions related to such purposes.
This Agreement will remain in effect for the duration of the child’s participation in the activities or until OSSS / OSYC receive written notice of cancellation of the Agreement.
Continued participation in the activities by the child after written cancellation is received by OSSS and OSYC will be considered a waiver of the cancellation of this Agreement by the parent or legal guardian. OSSS / OSYC retains the right to refuse to allow the child to participate in any activity until a formal consent is signed by the child’s parent or legal guardian.
IN RETURN for the child being permitted to participate in the activities and to use the facilities and property of OSSS / OSYC, the undersigned parent or legal guardian makes the following promises and warrant the truth of the following facts:
1. I am familiar with the programs included in the activities and understand that the officers/employees of OSSS/OSYC are available to discuss the activities should I desire additional information. I understand that I am solely responsible for the arrival and departure of my child at the beginning and end of each day’s program. I will not allow my child to remain on OSSS/OSYC property after each day’s program without providing appropriate supervision. I agree that OSSS/OSYC will have no responsibility for the supervision of my child at times other than the scheduled activities. I will inform my child that he/she is expected to cooperate with and follow the directions of the persons in charge of the activities and that he/she will act in a manner consistent with the spirit of good sportsmanship and respect the rights of others.
2. My child is in good health, and I know of no reason why he/she would be incapable of participating in the activities. My child knows how to swim and will bring a properly fitting life preserver to each activity. I will immediately notify the designated OSSS instructor and the OSYC Vice Commodore of any change in my child’s health or any condition which may affect my child’s ability to participate in any of the activities.
3. WAIVER OF LIABILITY: I waive any right that I, my child, any legal representative and/or assign may have or acquire to make a claim against, file suit or attach the property of OSSS, OSYC or affiliated association, company, corporation or organization, or prosecute any member, director, officer, agent, employee or any person affiliated with the activities for any injury to myself or my child or damage to my property arising from participation in the activities or use of the facilities and/or property of OSSS/OSYC, whether or not the injury or damage results from
the negligence, action or inaction of any of the aforementioned entities or persons.
4. ASSUMPTION OF RISK: I am aware that participation in the events involve water activities in the pool and open water, maneuvering a boat on deep waters in potentially hazardous conditions which may include, among other things, strong winds and high waves, sudden and unexpected immersion in deep waters, collisions with other watercraft or stationary objects, such as docks, pilings or buoys. With full knowledge of the dangers involved, I voluntarily request that my child be allowed to participate in the activities. I ACCEPT ANY AND ALL RISKS ASSOCIATED WITH MY CHILD’S PARTICIPATION IN THE ACTIVITIES, USE OF FACILITIES AND PROPERTY OF OSSS/OSYC, INCLUDING INJURY, DEATH OR DAMAGE TO PROPERTY, WHETHER OR NOT CAUSED BY NEGLIGENCE, ACTION OR INACTION BY ANY ENTITY OR PERSON.
5. INDEMNITY AGREEMENT: I agree to indemnify and hold OSSS, OSYC, its members, officers, employees, agents and/or affiliated entities and persons harmless from any loss, liability, damage or expense of any type or manner resulting from my or my child’s use of the property or facilities of OSSS or OSYC, whether or not incurred due to the negligence, action or
inaction of any entity or person.
6. CONSENT TO USE OF PHOTOGRAPHS: I hereby consent to the use, publication and dissemination of photographs of me, my child, and family members, including our names, in promotional materials for OSSS and OSYC activities, including but not limited to, newsletters, websites, newspaper articles and any other promotional materials.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND
CONTENTS OF THIS WAIVER AND RELEASE. I AM AWARE THE AGREEMENT INCLUDES A WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AN INDEMNITY AGREEMENT AND A CONSENT TO USE PHOTOGRAPHS. I NOTE BY CONSENT AND AGREEMENT BY MY ACKNOWLEDGMENT BELOW.