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