READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS In consideration for my participation in a W&H – Courcier LLC dba Tahoe Sailing Charters cruise and all other related activities (collec- tively, the “Cruise”), organized and conducted by W&H – Courcier LLC dba Tahoe Sailing Charters, Merlin Adventures, LLC, and/or their officers, members, managers, employees, affiliates, associated entities, subsidiaries, and agents (collectively and separately, “TSC”), and/or my use of the TSC’s property and/or equipment, I HEREBY VOLUNTARILY AGREE to the following: 1) I AGREEto observe and obey all posted rules and warnings which may be present during the Cruise, and I further agree to follow and abide by any verbal and/or written instructions or directions given by the TSC in connection with the Cruise. 2) I UNDERSTAND that my participation in the Cruise can be dangerous and involves the risk of property damage, personal injury, and even death. I further understand that there are inherent risks associated with participating in the Cruise, both known and unknown, including, but not limited to, slips, trips, falls, drowning, sinking, capsizing, wind, weather, heat or sun related injuries, waves, boat wakes, and collisions with other boats, natural or manmade objects, and/or other participants in the Cruise. I expressly assume any and all risk of injury or death associated with my partici- pation in the Cruise. 3) I FULLY RELEASE TSC FROM LIABILITY AND AGREE NOT TO SUE TSC for any and all claims and/or causes of action arising from my participation in the Cruise, even if said claims or causes of action arise from TSC’s alleged negligence. I further agree to release TSC from any and all liability arising out of my use of TSC’s property in connec tion with the Cruise, whether caused by the fault of myself, TSC, or a third party. 4) I AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND TSC against all claims, causes of action, damages, judgments, cost or expense, including attorney’s fees and other costs, which may in any way arise from my participa tion in the Cruise or my use of TSC’s property in connection with the Cruise. 5) I AGREE to pay for all damages to TSC’s property which are caused by my negligent, reckless, or willful actions. 6) I AGREE that any legal or equitable claim that may arise from participation in the Cruise shall be resolved under Cali- fornia law and that the sole and exclusive venue to resolve said dispute shall be in the County of Placer, Tahoe City, California. 7) I ACKNOWLEDGE that I have been advised to wear a U.S. Coast Guard approved life jacket during the entire duration of the Cruise. I AGREE that if I am under 13 years old, I will wear a U.S. Coast Guard approved life jacket at all times during the Cruise. I HAVE READ AND UNDERSTAND THIS RELEASE AND I UNDERSTAND THAT BY SIGNING IT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS: Today's Date: April 28, 2024 |