Waiver

If under 18 years old a Parent/Guardian must agree to the following Waiver of Liability Agreement STOCKTON SAILING CLUB ACTIVE JUNIOR PROGRAM CONTRACT, INDEMNIFICATION, RELEASE AND WAIVER.

The Stockton Sailing Club (SSC) Active Junior program includes physically and emotionally demanding activities. SSC wants to make sure you understand the risk of injury before you decide to participate. It is required that you read the following Legal Document, very carefully, make sure you understand it, fill in all the spaces, and sign it before you, or your child begin our program. No person or child will be allowed to participate without the properly filled out waiver and medical release forms. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING BELOW. THIS AGREEMENT INCLUDES A RELEASE OF CLAIMS. I am aware in signing this statement for participation in the SSC Active Junior Program that certain elements are physically and emotionally demanding. This program may include swimming, paddling, crawling, jumping, climbing, and other rigorous activities on the water or on the land. My child will be working with SSC and with others in their group. It is possible that he/she may be injured while participating in the Active Junior program either because of their own conduct, conduct of others in the group, conduct of SSC, or the condition of the premises. Therefore, I voluntarily elect to allow my child to participate and I affirm that he/she is free of health conditions that might create undue risk to my child or others that depend on them. My child is not under a physician’s care for any undisclosed condition that bears upon his/her fitness to participate. I agree to indemnify and hold harmless Stockton Sailing Club Active Junior Program, their agents and employees from all claims, damages, losses, injuries and expenses arising out of or resulting from participation in the youth programs. I further agree to release, acquit and covenant not to sue the Stockton Sailing Club, for all actions, causes of action claims or damages including but not limited to, claims of negligence by SSC Active Junior Program or 3rd party, damages in law or remedies in equity of whatever kind. I agree with the site of any lawsuit and the law governing any such lawsuit shall be California and governed by California law. As liquidated damages, I hereby agree that if the Stockton Sailing Club is forced to defend any action, lawsuit or litigation by myself, my executors, my heirs or on my family’s behalf, my heirs or executors and I agree to pay the Stockton Sailing Club costs and attorney fees if they successfully defend such action, lawsuit or litigation. In signing this document for my minor child, I agree to pay any and all costs and attorney fees incurred by the Stockton Sailing Club in the event that the Stockton Sailing Club is forced to defend any action, lawsuit, or litigation brought by my minor child. The terms of this agreement shall continue and be in effect after the Active Junior program is over. Should any paragraph or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining paragraphs or parts shall remain in full force and effect.

I authorize and release the Stockton Sailing Club permission to use for any purpose of any photographic or video recorded image of the participant listed.

I have adequate health, disability and life insurance for myself, and my family. I hereby give permission for transportation to any medical facility or hospital, and I authorize any qualified instructor or medical personnel to render necessary emergency medical care for the participant listed. In addition to the above, if for any reason my child or I are injured I give Stockton Sailing Club personnel permission to seek treatment for my, or my child's, personal well-being. I have signed this document of my own free will. I do hereby authorize the performance of medical examinations and necessary treatments (including test, x-rays, drugs, etc...) as may be deemed advisable or necessary by the physician in attendance. This consent shall be in effect for the period of time that my child participates in Stockton Sailing Club Active Junior activities. If an emergency arises requiring a major medical procedure, the program director will attempt to reach me or a contact from the provided emergency contact list and to be guided by my wishes; however, if I cannot be reached, I authorize the attending physician to act as medical judgment may dictate.

• Stockton Sailing Club reserves the right to substitute boats and/or equipment during the term of use for purposes of maintenance and/or repairs.

• Absolutely no modifications or changes to the equipment are allowed (i.e. no re-rigging, no stickers, no graphics).

• Participant must wear a U.S. Coast Guard approved Type III personal flotation device when using the Opti equipment.

• Participant must be aboard whenever the Opti is in use.

• Participant will not sail outside the harbor in winds exceeding their skill level.

• Participant agrees to use safe boating practices, take proper care of the equipment and return the equipment to Stockton Sailing Club in the condition in which it was received.

CODE OF CONDUCT

I understand that as a Stockton Sailing Club Junior member and participant in the Junior Sailing Program I am a representative of the Stockton Sailing Club, and as such, acknowledge that I am responsible for conducting myself in a manner that promotes good sportsmanship and which will not discredit the Stockton Sailing Club, others or myself.

I agree to adhere to all written or verbal instructions of all Stockton Sailing Club officers, directors, agents, employees, coaches and volunteers.

I understand that failure to comply with the rules of the Stockton Sailing Club and Junior Program may result in disciplinary action that may include but not be limited to suspension from the Junior Sailing Program and/or suspension or revocation of Junior membership status.

When participating in the SSC Junior Sailing Program, I agree not to engage in the consumption or use of any illegal drugs, alcohol, or tobacco.

I shall not place persons or property in jeopardy by irresponsible or unapproved actions. I understand that these actions, or any use of the substances identified above is grounds for suspension from the SSC Junior Sailing Program and/or suspension or revocation of SSC Junior membership status.

I shall conduct myself in a safe, respectful, and courteous manner at all times when participating in the SSC Junior Sailing Program. This includes social events, team practices, and regattas.

I shall comply with recognized principles of sportsmanship and fair play.

I shall wear a personal flotation device and appropriate clothing when on the water.

I shall be respectful and courteous at all times to others, including but not limited to my team members, other competitors, race officials, coaches, and parents.

I shall refrain from using profanity or discriminatory language.