PERMISSION TO USE QUOTE, PHOTO OR PERSONAL STATEMENT FOR GOOD CONSIDERATION, the undersigned irrevocably authorizes Challenged Sailors San Diego and its employees, agents, volunteers and participants its successors and assigns to use, publish or reprint in whole or in part statements, pictures, photographs, endorsements or quotations made while engaged in any and all activities organized for sailing or racing. This authorization shall extend to all publication, print and electronic mediums, including all new editions, reprints, advertisements, publicity and promotions. Signature of Participant/Crew Member OR if participant is under 18, signature of Parent or Guardian: Date: November 6, 2024 RELEASE OF LIABILITY- READ CAREFULLY, THIS AFFECTS YOUR LEGAL RIGHTS In exchange for participation in the activity of sailing, racing and participating in any program of organized by Challenged Sailors San Diego and its employees, agents, volunteers and participants (hereinafter Releasees) and/or use of their property, facilities and services, I agree for myself and (if applicable) for the members of my family, to the following: 1. I agree to observe and obey all posted rules and warnings, and further agree to follow any instructions or directions given by Releasees, their employees, agents, volunteers and participants. 2. I recognize that there are certain inherent risks associated with the above described activity including serious personal injury, drowning and death as well as damage or loss of personal property and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Releasees for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Releasees, whether caused by the fault of myself, my family, Releasees and their agents or other third parties. 3. In the event of an injury during the above described activities, I give my permission to Releasees or to their employees, representatives or agents to arrange for any necessary medical treatment and transportation for which I shall be financially responsible. 4. I agree to indemnify and defend Releasees against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Releasees. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law. 5. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Releasees offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 6. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect. 7. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 8. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 9. Challenged Sailors San Diego is not a sailing school and does not offer certified sailing instruction. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. Signature of Participant/Crew Member OR if participant is under 18, signature of Parent or Guardian: Date: November 6, 2024 |