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GLYC SAILING SCHOOL RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

 

A signed and dated Release of Liability, Assumption of Risk, and Indemnity Agreement is required to reserve your child’s spot at Sailing School.


The undersigned (“the Undersigned”) represents that he or she is a parent or legal guardian of a child participating in the sailing school (the “Sailing School”) conducted through the Grand Lake Yacht Club, Inc., a Colorado non-profit corporation (the “Yacht Club”). The Undersigned agrees and acknowledges there are inherent risks associated with sailing, swimming, and other Sailing School activities; represents that the child is qualified in all respects to participate as a student in the Sailing School; assumes all risks of the child’s participation in the Sailing School; and forever releases and holds harmless the Yacht Club from all liability, individually and on behalf of the child, as further described below

RISKS: Risks of Sailing School activities include, but are not limited to: potential physical injury, psychological injury and/or death, whether by drowning, slip and fall, trip and fall, slippery conditions, pinch points, blunt force trauma, defective equipment, misuse of equipment, choice of activity, misunderstanding of instructions, lack of or difficulty in communication, lack of medical attention or equipment, delay in rescue or medical care, negligence or poor decisions of instructors or other participants, misunderstood qualifications or lack of training, weather conditions or changing weather conditions (e.g. lightning, wind, cold water, heat), known or latent health or physical conditions, hypothermia, cold water immersion, dehydration, exhaustion, physical demands and exertion, mental distress or panic from any of the above, exposure to viruses or bacteria, and other illnesses.

RELEASE OF LIABILITY: In consideration of the Yacht Club allowing our child to participate in the Sailing School, the Undersigned, individually and on behalf of the child and all heirs, assigns and personal representatives and other parent(s) or legal guardian(s), irrevocably and unconditionally releases, forever discharges, and agrees not to sue or bring any other legal action against the Yacht Club, its officers, directors, agents, employees, volunteers and Sailing School supervisors, coordinators, and instructors (collectively the “Releasees”) from and against all claims, demands, damages, suits, liabilities, actions, and causes of action of whatever kind that may exist or which may arise in the future in connection with the child’s participation in the Sailing School, including but not limited to claims of negligence; negligence per se; negligent misrepresentation; other tort claims; premises liability; product liability; breach of warranty; breach of local, state and federal laws; breach of fiduciary duty, statutory violations, breach of contract and wrongful death..

ASSUMPTION OF RISK: The Undersigned agrees and understands that there are dangers and risks associated with the participation in Sailing School activities (as noted above) and that INJURIES AND/OR DEATH may result from participating in them, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties. The Undersigned acknowledges that participation in the Sailing School is voluntary and that the Undersigned can choose not to have the child participate in the Sailing School. The Undersigned also acknowledges that the child is physically and mentally capable of participating in the Activity, yet there is a possibility that the Undersigned may underestimate the child’s abilities and may have physical or mental conditions that may increase chances of injury or death. By signing this document, the Undersigned recognizes that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES TO HAVE THE CHILD PARTICIPATE AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT KNOWN, DESCRIBED ABOVE, INHERENT, OR OTHERWISE.

INDEMNIFICATION: The Undersigned agrees to defend, indemnify, and hold harmless the Releasees from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to child’s participation in the Sailing School activities.

MEDICAL CARE: The Undersigned authorize the Released Parties and/or their authorized personnel to administer CPR and first aid, or to call for medical care for the child or to transport the child to a medical facility or hospital if, in the opinion of such personnel, medical attention is necessary and it is feasible to call for medical care for child or transport child to a medical facility or hospital. The Undersigned agrees to pay all costs associated with such medical care and related transportation.

MISCELLANEOUS:  The Undersigned further agrees, understands and warrants: (a) Child will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Grand County, Colorado; (c) THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES ANY AND ALL PRIOR CONTRACTS, ARRANGEMENTS, COMMUNICATIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF INCLUDING BUT NOT LIMITED TO ANY OTHER REPRESENTATIONS ABOUT THE ACTIVITY ITSELF OR SAFETY OF THE ACTIVITY; (d) the Undersigned is voluntarily and fairly entering into this Agreement; (e) this Agreement is a contract and shall be binding to the fullest extent permitted by law; (f) if any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties; and (g) it is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned and/or the child.

I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Emergency Contact

Contact Name

Telephone #

Relation:
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Second Participant's Signature*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Third Participant's Signature*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Emergency Contact

Contact Name

Telephone #

Relation:
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
GLYC SAILING SCHOOL SWIMMING PREREQUISITE
I hereby certify that each minor child I am registering today knows how to swim, is able to swim in deep water, and in my judgment has sufficient swimming skills to participate the in GLYC Sailing School program.
I hereby authorize each of the minor children I am registering for the GLYC Sailing School to participate in a cold water tolerability swim test at the start of sailing school, during which test they each will swim a distance of approximately forty feet wearing a life vest, shoes and standard sailing apparel.
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Emergency Contact

Contact Name

Telephone #

Relation:
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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