WAIVER, IMAGE RELEASE, AND CONSENT FOR MEDICAL CARE (“Release”) – In consideration of being given the opportunity to participate in the 2023 School's Out Regatta (the “Regatta”) sponsored by the Davis Island Youth Sailing Foundation, Inc. and other local sponsors and “view boats”, if any, (collectively, the “Sponsors”) and hosted by the Davis Island Yacht Club (the Host) on 5/20/2023 – 5/21/2023, the above named skipper (“Participant ”) and if such Participant is a minor, the Participant’s parent, natural, or legal guardian by countersigning below, on behalf of themselves and their respective heirs, executors, administrators, personal representatives and next of kin (collectively with Participant and Participant’s Parent/Guardian, “Releasors”), hereby forever waive, release, discharge, and covenant not to sue each of the Sponsors, the Host and their respective parents, subsidiaries, affiliates, owners, members, managers, employees, officers, directors, agents, representatives, volunteers, successors, and assigns (each a “Released Party”) from any and all claims, demands, damages, judgments, executions, rights of action or causes of action, present or future, whether the same be known, anticipated or unanticipated, which a Releasor may have, or claim to have, against any Released Party resulting from death, personal injury, property damage or other loss Releasor may sustain as a result of participating in the Regatta or other activities related thereto.
THIS RELEASE IS INTENDED TO UNCONDIIONALLY DISCHARGE EACH RELEASED PARTY FROM ANY AND ALL LIABILITY ARISING OUT OF OR CONNECTED IN ANY WAY WITH RELEASOR’S PARTICIPATION IN THE REGATTA TO THE GREATEST EXTENT ALLOWED BY LAW, EVEN IF THAT LIABILITY ARISES OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY RELEASED PARTY.
Releasors acknowledge and accept that serious accidents occasionally occur during sailing activities and that mortal or serious personal injuries and/or property damage or other loss may result from sailing activities, including sailboat racing and participation in the Regatta. Releasors knowingly assume all of the risks of participation in the Regatta, including all risk of personal injury and loss of or damage to the Releasors or their property, including further injury sustained as the result of the efforts of third parties who come to the aid of Releasor(s) if injured as a result of participation in the Regatta, and release all other persons and entities mentioned above who might otherwise be liable to Releasors. Releasors agree to abide by the Racing Rules of Sailing (RRS), all rules of the Sponsors and the Host in connection with participation in the Regatta and understand that the failure to observe and obey such rules may result in instant revocation of such Releasor’s right (and that of any associated Releasor(s)) to participate in the Regatta. Releasors have specifically read and understand RRS Rule 3, “DECISION TO RACE.” Participant acknowledges the safety of Participant’s boat and her crew, including the decision whether or not to wear personal flotation devices, and the decision whether or not to start or continue to race, is Participant’s sole responsibility. Participant agrees that this Release applies to and is binding on all persons in or on Participant’s boat and any Support Persons as defined in the RRS. Each Releasor agrees it has read this agreement, fully understands its terms, understands that each Releasor will have given up substantial rights by signing, and agree that if any portion of this Release is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
Each Releasor grants their specific permission for each Released Party to make and/or obtain photographic, video, digital images of them during the Regatta and to publish, copyright, distribute, display and/or attribute by name, nickname, voice, or biographical information any images taken of me during the Regatta. Each Releasor further waives the right for compensation and to inspect and/or examine all images and/or description text to which the images may be applied before use, so long as such use relates to the Regatta (including future promotion). Releasors also waive any right of privacy.
In the event of accident or injury, each Releasor for themselves, their spouse, domestic partner, or any child of Releasor (specifically including the Participant) while on or about the premises of the Host or while participating in the Regatta under circumstances where Releasor is unable to consent or is not present voluntarily and in advance of any specific diagnosis, treatment or hospital care being required do: (i) consent to the furnishing of medical/dental care or treatment, including hospitalization, by any hospital, licensed physician/dentist, as same may deem necessary or advisable; (ii) authorize the management, Regatta official, and any officer or member of Sponsor or Host to consent to such care, attention, or treatment the costs of which Releasor shall be solely responsible and agrees to pay. It is understood that effort shall be made to contact the above named Emergency Contact prior to rendering of care or treatment, but that it will not be withheld if the emergency contact cannot be reached.
PARENT OR GUARDIANS FOR MINORS (UNDER 18 YEARS OF AGE)
The undersigned parent and/or natural or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to release for him/herself and any other parent and/or natural or legal guardian each and all of the Released Parties from all liability, loss, cost, claim, or damage whatsoever implied or contemplated by this Release that may be imposed upon said Released Parties because of any defect in or lack of capacity in Participant (or any other minor Releasor for which he/she is responsible for) to so act and release said Released Parties on behalf of all Releasors as specified above.
BY CLICKING “YES” BELOW PARTICIPANT TOGETHER WITH ANY PARENT/GUARDIAN, AS APPLICABLE, EACH INDICATE JOINTLY AND SEVERALLY THEIR INTENT TO AFFIX THEIR ELECTRONIC SIGNATURE TO AND BE FULLY BOUNT BY THIS WAIVER, IMAGE RELEASE, AND CONSENT FOR MEDICAL CARE