HRCS Release and Waiver of Liability In consideration of my child’s or my participation in activities operated by Hudson River Community Sailing Inc., a New York not-for-profit corporation (“HRCS”), I agree to the following terms of this Release and Waiver of Liability (this “Agreement”), on behalf of myself and my participating child, heirs, and estate (together, “we”): Safety Obligations of Sailors All individuals sailing or participating in any program of HRCS (each, an “HRCS Activity”) must conduct themselves safely and exercise good judgment. We will abide by all HRCS safety policies and procedures both written and verbal, including those specific to Covid-19. Risks Sailing is challenging and physically demanding. Hazards include, but are not limited to, strong winds; wind shifts affecting boat stability and passenger balance; unanticipated swings of the boom; handling lines and winches under strain; high waves; strong tidal currents; sudden and unexpected immersion in deep waters; collision with other watercraft or stationary objects such as docks, pilings, and buoys; slips and falls on docks and walkways, or other areas on and near the boathouse; loading and unloading of sailboat; and launch in a choppy and busy marine environment. Acknowledgement and Assumption of Risk We acknowledge that sailing is an inherently dangerous activity, and that participating in HRCS Activities involves inherent risks, including some not described above, that can cause or lead to death, injury, illness (including communicable diseases such as COVID-19), or property damage. We understand that HRCS cannot assure our safety and cannot control or eliminate such risks, as they are an inherent aspect of HRCS’ recreational, educational and other objectives. We assume all of the risks of the HRCS Activities, whether or not such risks are inherent or described above. Release and Waiver In connection with any HRCS Activities in which we participate, we hereby forever release from liability HRCS, US Sailing, NY Kayak Polo Club, Hudson River Park Trust, the State of New York, NYC Department of Parks and Recreation, the City of New York and each of their offices, departments, agencies, commissioners, directors, partners, officers, agents, employees, contractors, successors and assigns, and other persons or entities acting under the direction or control of any of the preceding people or entities (each of the above, an “Indemnitee”). We waive any claim against, and agree not to sue, any of the Indemnitees for any liability, loss, injury, illness, death, or expense (each, a “Loss”) in any way associated with any of our enrollment or participation in HRCS Activities including, without limitation, the use of any of its boats, equipment or facilities. This release, waiver, and promise not to sue includes, without limitation, (a) any Losses alleged to be relating, in whole or in part, to the negligence, whether active or passive, of any of the Indemnitees to the fullest extent allowed by law (but not for gross negligence or intentional misconduct); (b) claims for injury, property damage, wrongful death, and breach of contract; and (c) any other type of claim against any Indemnitee, whether at law, equity, or admiralty. Indemnity We will defend and indemnify each of the Indemnitees against any Loss (including, without limitation, attorneys’ fees and costs) with respect to any claim of a third party relating to our enrollment or participation in any HRCS Activities or our use of HRCS boats, equipment or facilities, to the extent permitted by applicable laws and regulations. General Provisions The laws of New York govern all matters related to this Agreement or our participation in HRCS Activities. With respect to any action or proceeding of any kind relating to our relationship with HRCS, including but not limited to participation in HRCS Activities, we submit to the exclusive jurisdiction of the federal and state courts sitting in New York County. If any portion of this Agreement is determined to be unenforceable, the remaining provisions remain in effect. HRCS may use my photo, video, or other image for reproduction in any manner it desires, including, without limitation, advertising or display. I have carefully read, understand, and voluntarily sign this Agreement. I understand that I am surrendering certain legal rights. I hereby warrant that I have legal authority to act on behalf of my participating child. I agree, on behalf of myself and my participating child, heirs, and estate, to the terms of this Agreement. If participant is under the age of 18 at the time this document is signed, both the participant and at least one parent or guardian must sign the release. Public Sailing Policy Addendum: Masks will be optional for all programs. Beginning March 14, 2022, Hudson River Community Sailing (HRCS) will no longer require masks for participants inside or on boats. HRCS appreciates that there are community members who will and should continue to mask, and we fully support them as we strive to create an inclusive environment for all. We will continue to monitor national, state, and local guidance. As a participant of Hudson River Community Sailing acknowledge and agree to the following additional terms of use in an effort to keep myself, my fellow participants, and the HRCS staff as safe as possible: I will: Read and abide by HRCS policies regarding the safe use of the boathouse and safe operation of HRCS boats I will follow procedures and any directions from HRCS Staff in order to keep myself and others safe Understand and support decisions made by skippers and/or staff that may result in the cancellation or termination of sails if unsafe conditions or potentially unsafe conditions arise, including but not limited to inclement weather forecasts, behavior not in accordance with HRCS policy, boathouse overcrowding, etc. Be patient and take extra time to make sure we are all operating safely and with respect for others I acknowledge and agree that It is my responsibility to ask any questions I may have about HRCS policies or procedures to the relevant program manager or HRCS leader of the day and that failure to abide by these guidelines may result in suspension of access to HRCS boats and premises. Dated: October 11, 2024
|