Respite Sailing for Cancer, Inc., d/b/a Healing Winds Vermont (“HWVT”) provides access and opportunities for cancer patients and their families to experience the transformative therapies of sailing on Lake Champlain.
All participants, which include all volunteers, guests, caregivers, parents or guardians of minors or cancer patients, (hereinafter, “Participant”) must read this document and sign and return the attached acknowledgement forms prior to boarding the vessel or otherwise participating in HWVT activities, events or programs.
Rules of Sailing with HWVT
Participant hereby agrees to abide by the HWVT rules, regulations, and policies, including any and all verbal directions of the Captains, including any and all COVID-19 related measures communicated by HWVT. This includes abiding by any directives of volunteers, staff or directors.
All participants under the age of 16 years agree to wear a Coast Guard approved personal flotation device (PFD). PFD’s will be readily available for all other participants. Full closure shoes at all times while onboard HWVT boats or on the docks.
While on marina docks or on HWVT property, Participant agrees to engage in social distancing to every extent possible and wear a face mask or other face covering until the vessel is underway.
Assumption of Risk Release and Waiver of Liability. Sailing on Lake Champlain can be dangerous. Lake Champlain is a dynamic body of water, upon which weather conditions may change dramatically. Participant understands and acknowledges that sailing or paddling is an inherently hazardous action sport which can cause injury, permanent disability and/or death in several ways including, but not limited to, drowning and hypothermia, broken bones, lacerations, contusions, or puncture.
Participant releases and/or otherwise discharges HWVT and its officers, directors, trustees, staff, employees and agents from any claim whatsoever which arises or may arise on account of any injury, disability and/or death, first aid, treatment, hospitalization, or other services rendered in connection with participation in events and/or programs at HWVT or otherwise relating to HWVT.
Assumption of Risk and Waiver of Liability – COVID-19. The novel Coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments recommend social distancing and have in many locations, prohibited the congregation of groups of people.
HWVT conducts its operations in compliance with local, state, and federal mandates, rules, and regulations. In accordance with applicable rules, HWVT has put in place preventative measures to reduce the spread of COVID-19; however, HWVT cannot guarantee that Participant will not become infected with COVID-19 or be exposed to someone who has been infected with COVID- 19. Sailing with HWVT could increase Participant’s risk of contracting COVID-19.
Participant understands and acknowledges the inherent risks associated with personal contact with those who are or may be infected with COVID-19. Accordingly, the decision to participate in sailing or any other HWVT program or event is solely at the Participant’s discretion.
Participant hereby expressly and specifically assumes the risk of injury or harm and releases and discharges HWVT and its officers, directors, trustees, staff, employees and agents from any claim whatsoever which arises or may arise on account of any exposure to, or infection from, COVID-19, other injury, disability, death, and/or property damage, first aid, treatment, hospitalization, or other services rendered in connection with, resulting from, or otherwise related to, Participant’s participation in HWVT activities, events or programs.
Hold Harmless/Indemnity. Participant agrees to indemnify and hold HWVT and its officers, directors, trustees, staff, employees and agents of the Respite Sailing for Cancer, Inc., d/b/a Healing Winds Vermont harmless from and against all claims, liabilities and expenses, including attorneys' fees, related to, arising out of, or in any manner caused by, connected with, or resulting from, Participant’s participation in HWVT activities, events or programs.
Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Vermont.
Severability. Any term or provision of this Agreement which is invalid or unenforceable will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining rights of the party intended to be benefitted by such provision or any other provision of this Agreement.
PARTICIPANT ACKNOWLEDGMENT FORM
I acknowledge that I have received, have read, and understand the provisions in the Healing Winds Vermont’s Rules, Waivers and Assumption of Risk and accept and agree to the terms and conditions therein in connection to and with my and/or the below named minor child’s participation in a Healing Winds Vermont sailing program.
I release and/or otherwise discharge HWVT and its officers, directors, trustees, staff, employees and agents from any claim whatsoever which arises or may arise on account of any exposure to, or infection from, COVID-19, other injury, disability, death, and/or property damage, first aid, treatment, hospitalization, or other services rendered in connection with, resulting from, or otherwise related to, my participation in HWVT activities, events or programs.
March 5, 2021
I hereby grant permission to Respite Sailing for Cancer, Inc. d/b/a Healing Winds Vermont, or assigned photographer, the irrevocable and unrestricted right to use any images taken by me or others, or to publish such photographs or other images of myself or any minors or children that I may accompany, or in which I or any minors or children that I may accompany may be included, in any print, electronic, digital or other media including social media websites; and to alter the same without restriction. I or any minors or children that I may accompany acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these images. I irrevocably assign such images’ rights and uses to Healing Winds perpetuity. I hereby release Healing Winds Vermont and its legal representatives and assigns from all claims and liabilities relating to said images.
March 5, 2021