(“Member”) hereby acknowledges and agrees to the following with the Cuttyhunk Yacht Club (“CYC”):
1. Acknowledgement of Risk. Member recognizes, on behalf of himself/herself and any of his/her children or dependents under age 21, and any and all guests of Member (hereinafter “Member’s Family”) that participation in sailing and related boating activities, both on the water and on shore, involves possible health and safety risks. Serious accidents can occur during sailing activities, resulting in mortal or serious personal injuries and/or property damage. These risks include, but are not limited to, those arising out of adverse weather conditions; collisions with natural and unnatural obstacles; contact with rigging, equipment and furnishings of the boats; collisions with moored vessels, and vessels operated by other related or unrelated parties. Member has read and understands the rules and regulations established by CYC and agrees to be bound by them.
Member understands that under Massachusetts law, a nonprofit association conducting a sailing program such as CYC, and its volunteers, officers, Governors, employees, and members shall not be liable to any person for any action in tort as a result of any acts or failure to act in rendering such services or in conducting such sailing program, except for any acts or failures to act that are intentionally designed to harm, or any grossly negligent act or failures to act which result in harm to the person.
Member hereby expressly acknowledges and knowingly assumes all risks involved in or arising from Member’s and Member’s Family’s participation in CYC’s boating and sailing activities.
2. Release and Hold Harmless. In consideration of the ability to participate in CYC’s boating and sailing activities, Member does hereby RELEASE AND AGREE TO HOLD HARMLESS CYC, its members, Governors, officers, employees, volunteers, representatives, successors, and assigns from any and all claims, liability, or loss arising out of Member’s participation in CYC’s boating and sailing activities. Member agrees to hereby RELEASE AND AGREE TO HOLD HARMLESS CYC on behalf of himself/herself and on behalf of Member’s Family, and also on behalf of Member’s and Member’s Family’s heirs, executors, administrators, successors, and assigns from any and all claims, liability, or loss whatsoever arising out of CYC’s boating and sailing activities, and waives any claim for damages arising from any cause whatsoever.
3. Agreement to Rules. Member individually and on behalf of Member’s Family further acknowledges the following rules and agrees to them:
(i) Member shall wear, in accordance with all instructions related thereto, a United States Coast Guard approved personal flotation device at all times while on the CYC dock and during the use of any boats.
(ii) Member assumes all risk of loss to one or more boats from any cause during his or her operation thereof.
(iii) Member shall be responsible for and shall replace or make good any loss, injury, or damage to the boat being operated by Member and any other vessel with which such boat may come into contact or otherwise damage, their equipment or appurtenances, whether caused by accident, negligence, or normal use, reasonable wear and tear from proper use alone excepted.
(iv) Member acknowledges that presence on CYC property or dock, and the operation of any boat or other vessel while under the influence of alcoholic beverages and other intoxicating, controlled, or illegal substances is strictly forbidden by CYC. Member hereby agrees to stay off the CYC dock and property, and agrees not to operate any boats, while under the influence of alcohol or other intoxicating, controlled, or illegal substances, and understands that CYC may prohibit any person who appears to be under the influence of alcohol or other intoxicating, controlled or illegal substances from using the CYC dock, property, or boats. Member acknowledges, however, that CYC and its employees and agents are not experts in determining whether a person or persons are under the influence of such substances, and specifically releases CYC from any damages or injuries arising out of the operation of boats by intoxicated persons.
(v) Member agrees that (a) no child under age 6 years as of September 1 of this year may participate in CYC sailing instruction programs; and (b) a parent or guardian must accompany any child under age 6 years in any CYC boating or sailing activity.
(vi) Member shall use the boats only in a lawful manner and for lawful purposes and shall not take or omit to take any action that may cause any insurance carrier to terminate coverage of the boats or exposes any boat to risk of forfeiture or imposition of any other legal penalty that may adversely affect CYC’s interest in the boats.
4. Acknowledgement. In signing this Acknowledgement of Risk and Liability Release Member, individually and on behalf of Member’s Family, acknowledges and represents that: (i) Member has fully reviewed it and understands what it means, and (ii) Member signs this document as his or her free act and deed. No oral representations, statements, or inducements, apart from the above written statement, have been made. Member further agrees that this Release of Liability shall be construed in accordance with the laws of the Commonwealth of Massachusetts. If any of its terms or provisions shall be held illegal, unenforceable, or in conflict with any law, the validity of the remaining portions shall not be affected thereby to the fullest extent permitted by law. Member further agrees that this Agreement shall bind Member’s estate, heirs, executors, administrators, personal representatives, successors, and assigns.
Today's Date: July 7, 2020