RELEASE, WAIVER, AND RETENTION OF RIGHTS AGREEMENT: The undersigned hereby:
1) Waives and releases any, and all claims, including those of negligence or equivalent conduct which I may have against the host, its directors, members, representatives, associated volunteers, and USA National Park Service - Cape Lookout National Seashore resulting from my participation in the Annual Harkers Island Regatta (hereafter "event”) and all actions and activities related thereto.
2) Acknowledges my responsibilities in participating in this event, for my decisions to start or continue to race in the event, and to make certain that my boat, equipment, and crew are seaworthy for the conditions, which may be encountered during my participation.
3) Agrees to assume all risks of accidents in preparation for, during, and after the event.
4) Agrees to follow and be bound by The Racing Rules of Sailing and by all other rules that govern this event, including Navigational Rules of the Road and all safety rules and regulations promulgated by state and federal authorities for safe operation of boats upon navigable waterways, including inland waters of North Carolina.
5) Agrees to indemnify and hold the Host free and harmless under, from, and against any and all losses, costs, damages, attorney's fees, and liability of any kind or nature whatsoever growing out of or resulting from participating in the event, including claims by third parties who have not signed the waiver.
6) Agrees that this Release, Waiver, and Retention of Rights Agreement is binding on my heirs, representatives, and assigns.
7) Certifies that I am 18 years of age or older unless undersigned by my parent or legal guardian.
8) Retains any and all rights against other competitors for any wrongful acts by them, and retains all rights against the Host for the event which are not related in any way to my participation in the preparations for the racing, return, protests, and removal of my boat from the site of the event.
9) Agrees to allow the Host, the photographer(s), and their assigns, licensees, and legal representatives, the irrevocable right to use my name and image in all forms and media for press releases, articles, and other communications and lawful purposes regarding the event. I waive any right to inspect or approve the finished product, including written copy, which may be created in connection therewith.
10) Specifically waives any statute by incorporating its references and citation herein, which may require such inclusion and reference in order to effect these provisions. If any provision of the agreement is not enforceable, such determination shall not affect the enforceability of the remaining provisions of this agreement. This agreement shall be construed and enforced under the laws of the state of North Carolina.