WAIVER AND RELEASE OF LIABILITY
For and in consideration of the FORT WORTH BOAT CLUB (the “Organization”) allowing me, the undersigned, to participate in any capacity in a Organization sanctioned, licensed, or approved event, camp, program 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”):

RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization, including any and all COVID--‐19 related safety measures required by the Organization.

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 such as COVID--‐19), 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 manmade 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”).

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 inactions, the actions or inactions 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.

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 (including the Fort Worth Boat Club), 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.

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, WAIVER FROM LIABILITY.

By agreeing below, I (as the participant or as the Parent/Legal Guardian of the minor identified above) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in any Event.

Parental Permission Waiver

I hereby acknowledge and agree that:

Medical Permission
Each member of the FWBC staff has permission to administer first aid to the participant for injury or accident. A report of such aid will be given to the Emergency Contact person(s) listed with this registration.

Photographs/Video Permission
The participant may be photographed (stills and video), individually or in a group. We hereby waive and relinquish all rights, title and interest in all such products, and authorize FWBC to make use of participant’s image and likeness for marketing, membership information, and other FWBC uses.

Confirmation, Release and Assumption of Risk Parent Acknowledgement:
I am familiar with the programs included in the activities, and understand officers and employees of the FWBC are available to discuss the activities if I should wish additional information.

I am solely responsible for the arrival and departure of my child at the beginning and end of each day's activities.

I will not allow my child to remain on the premises of the FWBC after each day's program without appropriate supervision or the written permission of the FWBC.

FWBC will have no responsibility for the supervision of my child at times other than during the scheduled activities.

My child may be removed from any and all activities if the persons in charge determine that acts and conduct are/is inconsistent with the spirit of good sportsmanship and respect for the rights of others, or might be a danger to my child or others.

My child is in good physical, mental and emotional health, and I know of no reason why he/she would be incapable of participating in the activities under the guidelines required.

My child knows how to swim.

I will immediately notify FWBC if a change in my child's physical, mental or emotional health or other condition would affect my child's ability to participate in the activities.

WAIVER OF LIABILITY
I WAIVE AND RELEASE ANY RIGHT I, MY GUARDIANS, LEGAL REPRESENTATIVES, ESTATE, HEIRS, BENEFICIARIES AND ASSIGNS MAY HAVE OR ACQUIRE TO MAKE A CLAIM AGAINST, SUE, OR PROSECUTE THE FWBC OR ANY OF ITS MEMBERS, DIRECTORS, GOVERNORS, OFFICERS, AGENTS, EMPLOYEES AND AFFILIATED ORGANIZATIONS (HEREIN REFERRED TO AS "THE RELEASES") FOR DAMAGES OR INJURIES RESULTING TO ME, OR MY CHILD OR PROPERTY ARISING FROM USE OF THE EQUIPMENT OR PARTICIPATION IN, AND USE OF THE FACILITIES AND PROPERTY OF THE FWBC, WHETHER OR NOT THE INJURY OR DAMAGE RESULTS FROM NEGLIGENCE OR OTHER ACTION OR OMISSION, EXCEPT INTENTIONAL ACTS, OF ANY OF THE RELEASEES.


ASSUMPTION OF RISK OF PARENT FOR MINOR CHILD
I am aware that the activities may involve maneuvering a boat, sailboard or other watercraft over/in deep water in potentially hazardous conditions which may include, among other things, strong winds and high waves, sudden and unexpected immersion in deep waters and collision with other watercraft or stationary objects such as docks, pilings, and buoys. With knowledge of the dangers involved, I voluntarily ask that my child be allowed to take part in the activities. I ACCEPT ANY AND ALL RISKS TO MYSELF AND MY CHILD FOR INJURY, DEATH, AND PROPERTY DAMAGE ARISING FROM PARTICIPATION IN THE ACTIVITIES AND THE USE OF THE FACILITIES AND PROPERTY OF THE FWBC, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER ACTION, EXCEPT INTENTIONAL ACTS, OF ANY OF THE RELEASEES.

INDEMNITY AGREEMENT
I agree to indemnify and hold the releasees harmless from any loss, liability, damage or cost, including reasonable attorney’s fees, they may incur due to my child's participation in the activities and use whether or not such loss, liability, damage or cost results from the negligence or other action, except intentional acts, of any of the releasees.