This form MUST be completed and signed before participating in any Team Paradise Youth Sailing Program. WAIVER AND RELEASE OF LIABILITY For and in consideration of the undersigned’s participation in Team Paradise's Youth Sailing Program (“Program”), I (“Participant”), for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”): A. RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization, Host, and Coach including any and all COVID-19 related safety measures required by the Organization, Coach, Host, and applicable state and local authorities. B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing and attendance at a Program, and that participation in any Program involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and communicable disease, trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, Organization or Host staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Program organizers and management; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). Special note regarding COVID-19. Risks under this Agreement include the potential for exposure to communicable diseases such as COVID-19, an extremely contagious virus that spreads from person-to-person contact. The Organization has taken preventative measures to reduce the spread of COVID-19; however, attending or participating in a Program could increase your risk of contracting COVID-19 which may result in personal injury, illness, permanent disability, and death. C. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Program, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any Program. I also agree to be responsible for any injury or damage caused by me or any agents under my direction and control at any Program. D. RELEASE: In consideration of my participation in any Program, I hereby release from liability and waive any claims against the Organization, Coach, and Host(s) of the Program, its licensees, competition managers, promoters, sponsors, advertisers, beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees, volunteers, and contractors of them (the “Released Parties” or “Program Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Program, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. E. COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. F. IMAGE RELEASE: I, the Participant, hereby grant to the Organization and Host, perpetually and irrevocably, the unconditional and exclusive right, title, and interest throughout the world to use, simulate, and portray my name, likeness, voice, personality, personal identification, and personal experiences, incidents, situations, and events, whether visual and/or audio, including without limitation photographs, videotape, film and other recordings, electronic or optical-based media, or any other form or medium whatsoever, whether now or hereafter existing, and of every kind and character (collectively “The Images”), which may be taken or taken of Participant while participating in any aspect of the Program. Participant (or Participant’s Parent/Guardian) understands and agree that one or more of the Organization and/or Host will be the owner(s) of any and all right, title, and interest in and to the Images, in any derivative works, and in any merchandising, advertising, promotional, and publicity rights and materials related thereto in all media of every nature whatsoever, whether now known or hereafter devised. Participant reserves no rights with respect to such uses. Participant (or Participant’s Parent/Guardian) acknowledge the Organization’s and the Host’s right, title, and interest in and advertisement, promotion, distribution, and sale of products or events directly or indirectly related to the Program and/or related programming or products. Participant (or Participant’s Parent/Guardian) agree that the Organization and Host shall have unlimited right to vary, change, alter, modify, add to, and delete from any depictions of Participant in the Images and to rearrange and/or transpose such depictions as each may determine. Participant (or Participant’s Parent/ Guardian) hereby waive any right to inspect, review, or approve the Images and their use by the Organization and the Host and acknowledge that they are to receive no payment with respect to any matter referred to herein and that any and all of the rights granted herein are freely assignable by Organization and/or Host. I HEREBY FOREVER WAIVE, RELEASE, AND DISCHARGE ORGANIZATION AND HOST AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES (EACH A “RELEASED PARTY”) FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT RELEASORS MIGHT NOW OR HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, OR VIOLATION OF ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY UTILIZATION OF THE RIGHTS GRANTED UNDER THIS DEPICTION RELEASE.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY. By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in any Program.
PARTICIPANT FULL NAME December 21, 2024 PARENT/LEGAL GUARDIAN FULL NAME (required if participant is under the age of 18) December 21, 2024 TEAM PARADISE SAILING CODE OF CONDUCT While it is in our mission statement for sailors to have fun, it is imperative that there be some restrictions on behavior. The primary reason for this is safety. It is assumed that your child is motivated and excited to be considered part of our team, and we are excited for the opportunity to share our passion for sailing with them! (Team Paradise is not the place for your child if they are not motivated to want to learn to sail and is not the place for your child if you are looking for “day care.”) It is of utmost importance that all sailors and their parents be aware of the standards expected regarding behavior both on and off the water. Team Paradise Sailing wishes to promote mutual respect amongst its sailors, coaches, parents/caregivers, volunteers and guests through the use of appropriate language, attitude and behavior. All participants, including parents and youth of Team Paradise Sailing, agree that: SAFETY IS THE TOP PRIORITY - I will HAVE FUN!
- I will demonstrate mutual respect for all sailors, coaches, parents, and volunteers regardless of age, race, gender, religion, national origin or abilities.
- I will represent Team Paradise Sailing with my best efforts, never bringing embarrassment or an unfavorable view to the program.
- I will respect all equipment and property. I will take personal and financial responsibility for any damage I incur.
- Parents/Guardians will take joint responsibility for damage caused by their children.
- I will respect Biscayne Bay, its shores and the marine life that make it their home.
- I will not verbally and/or physically threaten or abuse any other person.
- I will not use any social media website or tool to mock, belittle or abuse any sailor, coach or anyone else associated with Team Paradise Sailing.
- I will continually strive to demonstrate good sportsmanship on and off the water.
- I will follow the fundamental rules of fair sailing.
- I will arrive on time each day, ready and willing to listen and learn.
- I will use WhatsApp chat group to communicate with Team Paradise if I am going to be absent or if I am running late.
- I will come to Team Paradise Sailing prepared and dressed appropriately.
- I will have a substantial and healthy meal prior to coming to sail with Team Paradise. (Sailing while hungry is just not fun!)
- I will leave all electronics, toys, jewelry, and expensive clothing at home.
- I will stow my cell phone during programming and will only use it with coach’s permission.
- I will refrain from rough play! (It is unsafe.)
- I will be helpful to my crew. (Rigging and de-rigging/washing the boat.)
- I will keep my hands in the boat and to myself.
- I will not go on the dock without my life jacket. (Life jacket must be zipped & clipped!)
- Verbal or physical abuse, or behavior that jeopardizes your child’s safety or that of anyone else in the program will not be tolerated.
Failure to observe the rules and procedures vary according to the nature of the infraction, but may include loss of boating privileges and/or program expulsion. All students will be accountable to the following three-step system Step 1 – This step is a first warning. Parent/Guardian will be notified of the incident and will receive a written note describing the incident. Step 2 – At the second step, a discussion will be held with parent/guardian. The student will receive a brief suspension from the program. The student and parent/guardian will also be reminded that a third step could result in a suspension from the rest of the session. Step 3 – At the third step, a meeting will be called with the Director. The student will receive an extended suspension from the program, possibly suspension for the remainder of the program sessions. (You will not be refunded your payment in this situation.) If you have any questions concerning our Youth Sailing Code of Conduct, please contact the Administrator at 305-854-3500 or admin@teamparadise.org. We’re here to make your child’s sailing experience as safe and enjoyable as possible. Thank you! By signing below I/we acknowledge I/we have reviewed Team Paradise Sailing’s Youth Sailing Program Code of Conduct and agree to abide by it at all times. I/we understand that any violation of the Code of Conduct, by any sailor or sailor’s parents, may result in disciplinary actions, including, but not limited to, suspension or non-refundable expulsion from the program. The Executive Director of Team Paradise Sailing shall make the determination as to whether a violation of the Code of Conduct has occurred, and the disciplinary action resulting from any violation, and such determination shall not be subject to review or appeal. I/we agree that Team Paradise Sailing may amend the terms of this Code of Conduct at any time, and those changes will be in effect when they are sent to me via email. December 21, 2024 Parent Full Name: Sailor Full Name:
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