What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue Bellingham Bay Community Boating Center (“CBC”) or anyone associated with CBC for injuries or losses you suffer while using CBC’s facilities or equipment, or while participating in activities or programs administered by CBC.
Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, check each agree box. Sign the document only after you have read and understood everything.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT THE COMMUNITY BOATING CENTER WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING CBC, ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, OR ADVISORS FOR ANY INJURIES, INCLUDING DEATH, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ACTIVITIES OR PROGRAMS ADMINISTERED BY CBC.
1. I ASSUME ALL RISKS.
I recognize the risk of serious injury, death, or other damages inherent in sailing and other watersport activities, and in my use of CBC facilities and instruction relating to these activities. There is no way to completely eliminate the risk of serious injury or death in our aquatic environment. I understand that my use of CBC facilities and any instruction or knowledge I obtain at those facilities is NOT sufficient to prevent the dangers and risks of sailing and other watersports activities. I CERTIFY THAT I UNDERSTAND THE RISK OF SERIOUS INJURY, DEATH, OR OTHER DAMAGES INHERENT IN SAILING AND OTHER WATERSPORT ACTIVITIES. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS (INCLUDING COMMUNICABLE DISEASES SUCH AS COVID-19), DEATH, OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY PARTICIPATING IN ANY SUCH ACTIVITY ADMINISTERED BY CBC.
2. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that CBC could not offer this activity to me without obtaining a release of liability. In consideration of the agreement of CBC to offer use of a boat, equipment, or service to me, I AGREE TO RELEASE CBC, THE PORT OF BELLINGHAM, OR ANYONE ASSOCIATED WITH CBC OR THE PORT OF BELLINGHAM, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, AND ADVISORS FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A CBC ADMINISTERED ACTIVITY OR FROM USE OF CBC EQUIPMENT OR FACILITIES.
3. I WILL HOLD HARMLESS AND INDEMNIFY CBC.
In consideration of the agreement of CBC to offer use of a boat, equipment, or other services to me, I agree to defend, protect, indemnify and hold harmless CBC, its officers, directors, employees, volunteers, and advisors from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability or any nature, that may arise out of my use of CBC equipment or facilities. I EXPRESSLY AGREE NOT TO SUE THE COMMUNITY BOATING CENTER, THE PORT OF BELLINGHAM OR ANYONE ASSOCIATED WITH CBC OR THE PORT OF BELLINGHAM, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, AND ADVISORS FROM AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST CBC AND THOSE PARTIES, WITHOUT LIMITATION, INCLUDING CLAIMS FOR NEGLIGENCE ARISING FROM MY PARTICIPATION IN A CBC ADMINISTERED ACTIVITY OR FROM USE OF CBC EQUIPMENT OR FACILITIES.
4. I AGREE TO ABIDE BY ALL CBC RULES.
I agree to abide by all CBC rules contained in written form as well as verbal directions that may be given by CBC staff, volunteers, or instructors, including any and all COVID-19 related safety measures required by the Organization. I MAY NOT USE CBC BOATS OR EQUIPMENT IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.
5. OTHER PROVISIONS.
I AM A CAPABLE SWIMMER AND I WILL WEAR A LIFEJACKET WHILE ON OR NEAR THE WATER, as will my passengers.
I acknowledge that this agreement between myself and CBC will remain in effect indefinitely, or until such a time as an underaged participant turns eighteen (18) years of age.
If I am renting a boat, I attest that I am familiar with the type of vessel I am using and its operation. I am aware of the weather conditions and I am capable of properly handling the boat under these conditions and guarantee the capability of any party or parties who may also handle it with my permission. I will inspect the boat before departure and will not depart unless I am certain of its soundness and good condition. Additionally, I agree that I am solely responsible for any expenses incurred due to damage, loss of property or personal injury suffered by the Community Boating Center, my passengers or any third parties, resulting from my use of boats or equipment.
I authorize the program organizers or their employees to sanction emergency treatment.
I permit the Community Boating Center to use photos and quotes of any participants in their publications.
Serverability: If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement and its application to other persons or circumstances is not affected and remains in full force and effect.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARNTERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
Date: September 18, 2020