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Rules, Waiver, And Assumption of Risk

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.

November 26, 2021

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information and updates by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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