1. PARTICIPANT REPRESENTATIONS. The undersigned adult participant (the
“Participating Adult”) and/or parent or legal guardian of a participating child on behalf of the
participating child (“Participating Child”) desires to participate in certain activities organized by
employees and volunteers of Fishing Bay Yacht Club (“FBYC”), including but not limited to some
or all of the following activities (collectively, the “Activities”): OptiKids, Junior Week, sailing
races, regattas, classes and training on land at FBYC and on the water; participation in sailing races,
regattas, classes and training at locations other than FBYC; and, transportation to, from, or
incidental to such activities. The Participating Adult, the Participating Child, and the parent/legal
guardian of the Participating Child, as the case may be, is from time to time referred to herein as
the “Participant”. In consideration for being permitted to take part in the Activities and use the
facilities and property of FBYC, the Participant makes the following representations and promises,
and warrants the truth of the following facts:
a. The Participant is familiar with the Activities and acknowledges that authorized
representatives of FBYC, including officers, employees and volunteers of FBYC, are available to
discuss the Activities and provide additional information. The Participant agrees to cooperate with,
and follow the directions of, the persons in charge of the Activities and to act in a manner consistent
with all rules that may be established for the Activities, the spirit of good sportsmanship, and respect
for the rights of others.
b. The Participant acknowledges and agrees that (i) the Participant is solely
responsible for the arrival and departure of the Participating Child at the beginning and end of each
day’s Activities; (ii) the Participating Child will not remain on the premises of FBYC after the
conclusion of each day’s Activities without appropriate supervision or the written permission of
FBYC; and (iii) FBYC will have no responsibility for supervising the Participating Child at times
other than during the scheduled Activities.
c. The Participant represents to FBYC that the Participant has obtained all necessary
medical examinations and clearance from the Participant’s treating physicians to safely participate
in the Activities. The Participant will immediately notify the designated FBYC representative of
any change in the Participant’s health or other condition that would affect the Participant’s ability
to safely participate in the Activities. The Participant hereby expressly authorizes representatives
of FBYC, including its officers, employees and volunteers to obtain and provide emergency
medical treatment for the Participating Child as such representatives of FBYC may deem necessary,
and the Participant accepts personal responsibility for paying the cost of such treatment.

2. COVID-19. The Participant acknowledges the existence of the COVID-19 virus, the
dangers of the virus, and the potential exposure to the virus that could occur as a result of
participating in the Activities. The Participant represents that the Participant and, to the best of
Participant’s knowledge, the members of the Participant’s household and family (a) have not shown
signs of or tested positive for COVID-19, (b) have not been in contact with any person in the last
14 days who has tested positive for COVID-19 or is waiting for the results of a test for COVID-19,
and (c) have not within the last 14 days arrived from or been in contact with any person who has
traveled outside of the United States. The Participant shall immediately notify FBYC in writing
if there is any change in this representation at any time up to 14 days after the Participant,
or a Participating Child, if applicable, has participated in any Activities.

3. PARTICIPANT’S ASSUMPTION OF RISK. The Participant acknowledges that the
Activities include maneuvering a boat, sailboat or other watercraft on deep waters, under potentially
hazardous conditions which may include, among other things, strong winds and high waves;
sudden, unexpected immersion in deep waters; and collisions with other watercraft or stationary
objects such as docks, pilings and buoys. Participant acknowledges the risks inherent in the
transportation to, from or incidental to Activities away from FBYC. Participant acknowledges the
risk of possible exposure to COVID-19, notwithstanding any efforts by FBYC to minimize such
risk. With knowledge of the dangers and risks involved, the Participant desires to participate in the
Activities. THE PARTICIPANT ASSUMES ALL RISKS FOR THE PARTICIPANT,
INCLUDING, IF APPLICABLE, THE PARTICIPATING CHILD, OF INJURY, ILLNESS,
DEATH AND PROPERTY DAMAGE, INCLUDING TO THE PARTICIPANT’S SAILBOAT,
POWERBOAT, AND VEHICLE, ARISING FROM PARTICIPATION IN THE ACTIVITIES
AND THE USE OF FBYC’S FACILITIES AND PROPERTY, WHETHER OR NOT CAUSED
BY THE NEGLIGENCE OF THE PARTICIPANT, ANY OTHER PARTICIPANT, AN FBYC
MEMBER, AN FBYC EMPLOYEE OR AN FBYC VOLUNTEER.

4. PARTICIPANT’S WAIVER OF LIABILITY AND RELEASE. The Participant, for the
Participant and for the Participating Child, if applicable, and for each such Participant’s heirs,
beneficiaries, distributees, guardians, legal representatives, insurers and assigns, hereby releases
and forever discharges FBYC and its members, directors, officers, agents, employees, insurers and
affiliated organizations (collectively, the “Releasees”) from all claims, demands, costs, expenses
and causes of action of every kind, including injury, death, or damage to property, arising or related
to Particpant’s participation in the Activities and use of FBYC facilities and property, whether or
not the injury or damages results from negligent acts or omissions of any of the Releasees.

5. INDEMNIFICATION. The Participant, for the Participant and for th Participating Child,
if applicable, agrees to indemnify and hold the Releasees harmless from, and defend Releasees
against any loss, liability, claims, causes of action of every kind, damage and cost, including
reasonable attorneys’ fees and expenses, that may result from Participant’s participation in the
Activities and use FBYC’s property and facilities, or from to the negligent or intentional acts or
omissions of the Participant or the Participating Child, if applicable, whether or not such loss,
liability, claims, causes of action of every kind, damage and cost, including reasonable attorneys’
fees or expense results from the negligent acts or omissions of any of the Releasees.

6. MISREPRESENTATION; BREACH. The Participant agrees that if the Participant
breaches this Consent, Waiver and Release by making a material misrepresentation, by failing to
honor the indemnity provisions, or by commencing an action in contravention of, or to contest the
validity of, this Consent, Waiver and Release, the Participant shall be liable to the Releasees for
damages incurred on account thereof, including but not limited to reasonable attorneys’ fees and
expenses incurred by the Releasees.

7. PHOTOGRAPHY; USE OF IMAGE. The Participant, on behalf of the Participant and the
Participating Child, if applicable, gives FBYC permission to use photographs and/or videos of the
Participant and the Participating Child, if applicable, for promotional and other purposes, and may
publish them on the internet and in other forms of media publication.

8. SEVERABILITY. The Participant agrees that if a court of competent jurisdiction declares
any provisions of this Consent, Waiver and Release agreement to be unenforceable in any respect,
such unenforceability shall not affect any other provision of this Consent, Waiver and Release,
and this Consent, Waiver and Release shall be construed without such unenforceable provision or
provisions.

THE PARTICIPANT HAS CAREFULLY READ THIS DOCUMENT AND FULLY
UNDERSTANDS ITS CONTENTS. THE PARTICIPANT IS AWARE THAT THIS
DOCUMENT INCLUDES AN ASSUMPTION OF RISK, A WAIVER OF LIABILITY, A
RELEASE, AND INDEMNIFICATION, AND THE PARTICIPANT SIGNS IT
WILLINGLY AND VOLUNTARILY.