RACE 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 participate in the Yacht Club sailboat racing season.
The undersigned (“the Undersigned”) wishes to participate, either as a skipper, a team member, or as a race organizer or manager, or race committee member or race committee observer, in sailboat racing, or other sailing activities, 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, racing and other sailing related activities; assumes all risks of participation in sailboat racing; and forever releases and holds harmless the Yacht Club from all liability, as further described below.
RISKS: Risks of sailboat racing and related 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 course, 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 race managers and organizers, other team members, skippers or team members of other boats, 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 the Undersigned to participate in the races, the Undersigned, individually and on behalf of himself/herself 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 race organizers, supervisors, coordinators, and volunteers (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 Undersigned’s participation in the races, 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 sailboat races (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 sailboat races is voluntary and that the Undersigned can choose not to participate in the sailboat races. The Undersigned also acknowledges he/she/them is physically and mentally capable of participating in the Activity, yet there is a possibility that the Undersigned may underestimate his/her/their own 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 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 Undersigned’s participation in sailboat races and related 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 Undersigned 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.
SKIPPERS (APPLICABLE ONLY TO SKIPPERS): If a skipper, I represent that (a) I am a member in good standing of the Yacht Club or, if I am myself not a member, that either: i) my spouse, parent or guardian is a member in good standing of the Yacht Club or ii) I am a guest, non-member skipper participating in a regatta, race or other activity authorized by or otherwise involving the GLYC, and, or, taking place on or around Yacht Club property; (b) I have read and am familiar with the US Sailing Association 2021-2024 International Sailing Federation Racing Rules of Sailing, as amended, the prescriptions of US Sailing, the appropriate class regulations, as amended, and the modifications thereof in the current year Sailing Instructions; (c) the vessel participating in the race is covered by liability insurance; (d) I understand that it is the sole responsibility of each skipper to determine whether to start or continue a race; (e) I understand that I am responsible for ensuring that each of my crew members have signed a current version of this agreement and I agree that I will not enter a race without having ensured that each of my crew members have signed a current version of this agreement and (f) I agree 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 my crew or team members’ participation in sailboat races and related activities, and any potential physical injury, psychological injury and/or death, they may suffer while participating in sailboat races and related activities.
MISCELLANEOUS: The Undersigned further agrees, understands and warrants: (a) Undersigned 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.
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.