PARENTAL AND/OR LEGAL GUARDIAN CONSENT, WAIVER AND RELEASE
(to be completed by Registrant's parent or legal guardian)
IN CONSIDERATION of my child or ward being given the opportunity to participate in any way in the Monmouth Boat Club Junior Sailing Program, as well as my participation in same, I, for myself, my child, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of Sailing Activities, both on the water and land-based and that my child or ward is qualified, in good health, and has the physical ability, flexibility, endurance, strength and agility to execute the skills required for the sport of sailing (including hiking, tacking, gybing, un-capsizing and hauling boats to and from the water) (hereinafter “Sailing Activities”, “Activities” or “Activity”). I FURTHER WARRANT that my child or ward has basic swimming skills.
2. FULLY UNDERSTAND that: (a) SAILING ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death ("risks"); (b) these risks may be caused by my child or ward's own actions, or inactions, the actions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the "releasees" named below; (c) there may be other risks and social and economic losses either not known to me or not foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES that I, my child or ward incur as a result of my child or ward's participation in any Activity.
3. AGREE AND WARRANT that I will examine and inspect each Activity in which I, my child, or ward take part and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse that I, my child or ward to take part in the Activity until the condition has been corrected to my satisfaction.
4. HEREBY RELEASE, discharge, and covenant not to sue the Monmouth Boat Club, their administrators, directors, agents, officers, volunteers, members, boat-owners and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the releasees herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost which may incur as a the result of such a claim.
I have read this agreement, fully understand its terms, and understand that I have given up substantial rights by agreeing to it. I have agreed to it freely and without any induction or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force. I, the minor's parent and/or legal guardian, understand the nature of sailing activities and the minor's experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the releasees from all liability, claims, demands, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor's behalf makes a claim against any of the above releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS, each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost that may incur as the result of any such claim.
I hereby authorize and consent to any x-ray examination, anesthetic, medical or surgical diagnosis or procedure rendered under the general or specific supervision of any member of the medical staff or of a dentist licensed under the provisions of the Education Law and/or Public Health Law of the State of New Jersey and on the staff of any hospital holding a current operating certificate issued by the Department of Health of the State of New Jersey. It is understood that this authorization is given in advance of any specific diagnosis, treatment or hospital care being required but is given to provide authority and power to render care which the aforementioned physician in the exercise of his/her best judgment may deem advisable. It is understood that effort shall be made to contact the above people prior to rendering treatment to the patient, but that any of the above treatment will not be withheld if any of these people cannot be reached. I further understand that, in order to promote Monmouth Boat Club and junior sailing, Monmouth Boat Club may use student pictures and/or names on its website, social media pages or in press releases and I consent to use of such images of my child or ward insomuch as said representations reflect the performance of normal sailing and camp activities.