Permission, Release and Hold Harmless for Adult Participation in the Nauticus Program
1. I agree to participate in the Nauticus Program.
2. I expressly acknowledge and agree that the sport of sailing and the conduct of the Program entail and are subject to certain inherent risks, and I accept all risks on land and at sea regarding participation in the Program. In return for my participation in the activities of the Program and using the facilities and property of the Program, I agree as follows:
My consent to participation in the Program extends to all the activities of the Program.
I am aware that the activities of the Program involve maneuvering a boat in deep waters in potentially hazardous conditions which may include strong winds and waves, sudden and unexpected immersion in deep water and collision with other watercraft or stationary objects such as docks, pilings and buoys. With knowledge of the dangers involved, I voluntarily consent to take part in the activities of the Program.
3. I advise that I am a proficient and skilled swimmer who has taken swimming lessons and demonstrated the ability to swim, and to conduct myself safely in and around water activities.
4. I agree that I will wear a personal flotation device (PFD) at all times when participating in the Programs activities on the docks and in the boats.
5. On my behalf and on behalf of my heirs and assigns, I release and waive any and all claims against and release any liability or responsibility of the Sail Nauticus Program, the Nauticus Foundation, and the City of Norfolk and their officers, board members, employees, agents and representatives, jointly and severally, or any other person acting in any capacity for the conduct of the Program in relation to any loss, injury, death or damage on land or at sea to me or to my property.
6. On my behalf and on behalf of my heirs and assigns, I release, discharge, indemnify and hold harmless the Sail Nauticus Program, the Nauticus Foundation and the City of Norfolk and their officers, board members, employees, agents and representatives, jointly and severally, from and against any and all claims, suits, actions, charges, demands, judgments, costs, damages and liabilities, whether in contract or tort, present and future, known or unknown, including, but, not limited to, personal injury or death of any person or persons and/or any loss or damage to property, attorney fees, and any other expense caused by or resulting from my participation in the Program.
7. I grant permission for the Program to use any photographs, film, digital imaging, videos, verbal, and written statements of mine and my likeness for promotional, web usage or other uses by the Program.
8. I acknowledge that cases of novel coronavirus (“COVID-19”) have been confirmed throughout the United States, including Norfolk, VA. Nauticus has taken certain steps to implement recommended guidance and protocols issued by Public Health Agencies for reducing the risk of transmission of COVID-19, including, without limitation, access and use restrictions and protocols. I understand that Nauticus may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with Nauticus’ revised procedures. I fully understand the known and potential risk of utilizing the facilities, services and programs of Nauticus during the COVID-19 crisis, and acknowledge that use thereof, despite Nauticus’ reasonable efforts to mitigate such dangers, may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. I understand, acknowledge, and hereby voluntarily assume these risks.