HINGHAM MARITIME CENTER, INC.
LIABILITY RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
Overview and Terms
This Agreement applies to all sailors, rowers and other participants, whether paying a fee or not, (collectively, Guests) in connection with their participation in operations, programs and associated activities operated (a) by The Hingham Maritime Center, Inc. (HMC), and/or (b) on or from property and/or vessels owned, leased or controlled by HMC by any other person or entity (collectively, Operations). As a precondition for any Guests to participate in the Operations, each Guest must (a) assume all risks of harm from their participation, (b) hold harmless and indemnify HMC and the other Releasees (defined below) from all damage caused by their participation in the Operations, (c) release HMC and the other Released Parties from any and all damage to themselves resulting from their participation in the Operations, and (d) otherwise agree to abide by the terms and conditions of this Agreement. This Agreement shall remain in full force and effect from the date it is signed until it is superseded by a new written Agreement between HMC and Guest and/or any parent or guardian. This Agreement also imposes obligations on parents and guardians and should be reviewed with care.
Sailing and rowing are inherently dangerous activities which may result in serious injury or death. Participation in rowing and sailing activities in an open craft and certain on-shore activities are physically demanding and carry inherent risks to the health and safety of Guests including but not limited to: harm from exposure to the elements; injury or death from hypothermia and drowning, blisters, pulled muscles, neck or back injury, injury or death from capsizing, physical harm caused by collision with other vessels, buoys, bridges, land, or things floating in the water, scrapes, cuts and bruises, head concussions and injury from a variety of causes including booms on boats, ropes and lines; injuries from slips and falls, including on docks, harm caused by fishing gear, adverse weather, lightning, wild animals, heart attack, panic and/or drowning. By signing below Guest and/or any parent or guardian acknowledge and accept all of these and all other risks associated with the Operations.
Physical Fitness and Representation and Concerning Guest Swimming Ability
Guest and/or any parent or guardianacknowledges and agrees that it is their responsibility to determine their physical fitness for engaging in rowing, sailing and other activities at HMC. Guest understands that HMC accepts no responsibility whatsoever for determining the Guests physical fitness to engage in rowing, sailing and other activities in which Guest may participate at HMC.
Guest and/or any parent or guardian represent and warrant that Guest is a competent swimmer and is capable of swimming competently, in cold water, without the assistance personal floatation device. While HMC may, for some programs, administer a swim test and/or establish specific rules, in all instances the responsibility for the determination of whether or not Guest is a competent swimmer for the activity rests with Guest and/or their Parent/Guardian.
Assumption of Risk & General Release
Guest and/or any parent or guardian hereby acknowledges that serious accidents may occur during sailing, rowing, programs or other activities connected with the Operations and that death or serious personal injuries and/or property damage or other loss may result from participation in the Operations. Guests and/or any parent or guardian knowingly assume all risks of Guests participation in the Operations, including all risk of personal injury, death and loss of or damage to the Guest or their property, including further injury sustained as the result of the efforts of persons who come to the aid of Guest(s) if injured or in danger as a result of participation in the Operations. Guest and/or any parent or guardian hereby release HMC and its collective board members, trustees, agents, officers, employees, volunteers and contractors and all other persons associated with HMC Operations (collectively, Released Parties) and all other persons and entities mentioned above who might otherwise be liable to Guest and/or any parent or guardian in any way arising out of Guests participation in the Operations.
In consideration of Guest being permitted to participate in the Operations, Guest and/or any parent or Guardian signing on behalf of Guest, on behalf of themselves and their heirs, executors, administrators, personal representatives, next of kin and any parent or guardian, agrees to assume all of the risks and responsibilities of participation and hereby releases, waives, discharges, holds harmless, covenants not to sue and covenants and agrees to indemnify the Released Parties with respect to any and all liability for any harm, injury, damage, cost or expense of any nature whatsoever, including but not limited to suffering and death, which Guest may incur, regardless of the cause, while participating in, or in transit to or from, Operations. Further, Guest and/or any parent or guardian signing below agrees to indemnify and hold harmless the Released Parties from any litigation expenses, attorneys fees, loss, liability, damage or any other cost one or more of the Released Parties may incur due to a claim being made against the Released Parties, whether the claim is based on their negligence or otherwise.
This release is intended to discharge the Released Parties from any and all liability arising out of or connected in any way with Guests participation in the Operations, including without limitation any liability that arises out of negligence or carelessness on the part of any Released Party, whether passive or active.
Permission for Photography
Hingham Maritime Center retains the right to take photographs or other mediain connection with the above-identified acitivies or events. Participants, visitors and guests, both adult or adults on behalf of minors, agree to the use such photographs or media for any lawful purpose, including purposes such as publicity, illustration, advertising, and Web content.
Safety Obligations of Guests
Guests agree to comply with the below safety rules and obligations as well as any others that may be posted at HMC or issued in connection with the Operations.
STANDING HMC SAFETY RULES AND OBLIGATIONS OF ALL GUESTS USINGDOCKS, BOATS, EQUIPMENT, FACILITY AND PREMISES
Guests agree to follow and abide by the following safety obligations:
- To sign, and have their parent or legal guardian sign if they are under 18 years of age, Hingham Maritime Center, Inc. Liability Release, Assumption of Risk and Indemnification Agreement;
- Comply with all safety rules posted and/or announced including without limitation those listed below;
- ALWAYS wear a correctly fitting, secured U.S. Coast Guard approved personal floatation device if on a HMC motor vessel or HMC sailboat and be responsible for ensuring that all other passengers on your boat do the same;
- ALWAYS bring a correctly fitting U.S. Coast Guard approved personal flotation device on a rowing boat or if that is not feasible due to the design of the rowing boat then always bring a correctly fitting U.S. Coast Guard approved personal flotation device on the support boat assigned to your rowing boat;
- Operate and navigate HMC boats safely and with good judgment;
- Adhere to any restrictions imposed by HMC staff at any time (both individual restrictions based on a skill and experience level, or general restrictions on the boats due to weather or other circumstances);
- Operate boats only in designated areas (varies by boat, tides, on water activities, qualifications and other circumstances);
- Be aware of tides, weather (present and forecasted) and time of sunset before leaving the dock;
- Notify HMC immediately of any damage or loss that occurs before, during or after use of an assigned boat;
- Notify HMC immediately of any accidents or other personal injury to any Guests or other individuals;
- Never leave the dock without all designated safety equipment;
- Only use assigned and properly checked out boats and equipment;
- Always maintain a proper lookout for other vessels;
- Ensure boats are returned in clean condition, properly de-rigged and secured at HMC by any posted return time;
- Follow the current U.S. Coast Guard Navigation Rules and operate boats in compliance with all applicable local, state and federal laws and regulations;
- Only participate in activities at HMC when Guest is in good physical health and is physically able to perform the type of effort needed for such activity;
- Never consume alcoholic beverages or controlled substances before or while operating HMC boats;
- Never possess illegal substances at any time on HMC property;
- Never smoke on the property, parking lot, buildings and/or on docks, ramps, landing areas or vessels owned, leased or controlled by HMC; and
- Do not leave HMC vessels, oars or other equipment unattended at any time.
Responsibility for Injuries & Damage
Guests are liable for all damage caused by or to HMC boats and equipment while they are in the boat or using the boat, including costs relating to helmsmen or crew error or negligence. The cost of damages includes HMCs actual costs for parts, materials and labor and any third-party charges incurred.
Enforcement, Choice of Law, Forum
The terms herein are contractual and not a mere recital and each person signing agrees that they are signing this Agreement of their own free act and with knowledge that they hereby waive their legal rights. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement and the remainder of the Agreement will then be construed as though the unenforceable provision had never been contained herein. If any provision of this Agreement is deemed so broad as to be unenforceable, such provision shall be interpreted to be so broad as is enforceable. All disputes which arise out of this agreement shall be adjudicated in courts of competent jurisdiction located in the Commonwealth of Massachusetts.
Execution of Agreement
Guest states that they are of lawful age and legally competent to sign this Agreement, or that they have acquired the written consent of their parent or legal guardian. THE UNDERSIGNED GUEST ALSO ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS LIABILITY RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT LINE BY LINE, THEY UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS.
If signing on behalf of a minor:
The undersigned parent and/or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to release and indemnify each and all of the Released Parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said Released Parties because of any defect in or lack of such capacity to so act and release said Released Parties on behalf of all Guest Releasors as specified in this Agreement. THE UNDERSIGNED PARENT AND/OR LEGAL GUARDIAN ALSO ACKNOWLEDGES THAT THEY HAVE CAREFULLY READ THIS LIABILITY RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT LINE BY LINE, THEY UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND BY THE TERMS.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (“WHO”). COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
It is well-publicized and documented that the best practice to contain the spread of COVID-19 is to stay home, limit visits to public places, and practice social distancing when in public places. As the Hingham Maritime Center (“HMC”) prepared for the 2020 season, we have watched carefully the progress of the COVID-19 Pandemic, and we have monitored closely the recommendation and precautionary measures of the WHO, the Center for Disease Control, and federal, state, and local governments. Based on these recommendations and precautionary measures, HMC has put in place preventative measures to reduce the spread of COVID-19. A full list of HMC’s preventative measures can be found on our website. We ask that you please review this list before signing below. HOWEVER, HMC cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, participating in HMC programs could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this Waiver, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating in HMC programs and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at HMC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, HMC employees, volunteers, and program participants and their families. In consideration of my child(ren)’s or my participation in HMC activities, I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind and nature, that I or my child(ren) may experience or incur in connection with my child(ren)’s, or my, attendance at HMC or participation in HMC programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless HMC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of HMC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any HMC program.
I further agree to indemnify and hold harmless HMC, its employees, agents, and representatives for and from any and all claims arising from my or my child(ren)’s involvement in HMC activities or otherwise or incidental thereto wherever, whenever, and however such claims may arise.
Finally, I am fully aware and understand that HMC does not employ or contract with any medical service providers for ordinary or emergency medical services, including but not limited to COVID-19 screening or testing.
I have read and fully understand the above Waiver and fully understand that I have given up substantial rights by signing this Waiver below, and I do so voluntarily.