PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT IS BINDING AND HAS LEGAL EFFECTS. 1. ASSUMPTION OF RISK AND RELEASE OF LIABILITY(a) ASSUMPTION OF RISK. In consideration of being allowed to boat or sail, at this time or any time in the future, and subject to Section 1(d) below, I hereby voluntarily assume all risks and dangers of injury, harm, wrongful death, or damage to my person or my property or other occupants and their property resulting from or arising out of participation in Seattle Sailing Club activities, including but not limited to sailing on Club or non-Club vessels, lessons, programs, events, or other activities (herein called “the Club” or “Seattle Sailing Club”). I acknowledge and agree that I understand the nature of sailing activities and that I am qualified, in good health, and in proper physical condition to participate. I further agree that if at any time I believe conditions to be unsafe, I will immediately discontinue participation. (b) RELEASE OF LIABILITY. Subject to Section 1(d) below, I release and discharge the Covered Parties (defined below) from all liability for any harm, injury, wrongful death, or damage that may befall me arising directly or indirectly from participation in Seattle Sailing Club activities, including transportation to or from the Club and activities on Club or non-Club vessels, whether foreseen or unforeseen. This includes risks caused by my own actions or inactions, the actions or inactions of others, the condition in which the activity takes place, or the negligence of the Covered Parties. (c) COVERED PARTIES. For purposes of this Section 1, “Covered Parties” means: S/V Boom & Bendy Inc d/b/a “Seattle Sailing Club,” its officers, employees (including without limitation, managers, staff, instructors, and captains), contractors, Boat Owners, volunteers, Club members, students, guests, administrators, directors, agents, sponsors, advertisers, and, if applicable, and lessors of premises or vessels on which the activity takes place. (d) EXCLUSIONS. To the extent that any claim, damage, or loss results from the gross negligence or willful misconduct of the Covered Parties, Sections 1(a) and 1(b) above shall not apply.
2. INSURANCE AND DEDUCTIBLE ACKNOWLEDGMENT (Excludes Coached Activities) I understand that: - I am responsible for my equal share of any damage or equipment loss that occurs while racing or while the vessel is reserved for racing.
- The Seattle Sailing Club may determine whether to submit a claim to insurance or address the damage internally. My equal share will apply regardless of that decision.
- I understand the insurance deductible on any Seattle Sailing Club boat is $5,000.
- The Deductible Waiver does not apply to incidents occurring while the boat is reserved for racing, including leaving and returning to the dock.
- This agreement applies solely to those participating on the specific boat at the time of the incident or loss.
I Agree 3. RACER RESPONSIBILITIESI understand and agree that: - I will not be signed up for any Race Programs until I provide payment.
- If I am unable to attend a race, I will notify the Club at least 48 hours in advance.
- Minimum crew requirements exist, and my absence may prevent the team from racing.
- It is my team’s responsibility to manage sails before and after races; failure to do so may result in a $100 fee.
- Racing is a team activity, and I will fulfill my commitments to practice and race attendance.
I Agree 4. INDEMNITY AGREEMENTIf anyone on my behalf makes a claim against any of the Covered Parties, I agree to indemnify, save, and hold harmless each of the Covered Parties from any litigation expenses, attorney fees, loss, liability, damage, or cost incurred as a result of such claim. I Agree 5. GENERAL ACKNOWLEDGMENTI have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without inducement. I intend it to be a complete and unconditional release of liability to the greatest extent allowed by law. If any portion of this agreement is held to be invalid, the balance shall continue in full force and effect. This waiver and release shall be interpreted and enforced pursuant to Washington law. I Agree
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