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The Water Rat Sailing Club

PLEASE READ CAREFULLY

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. By signing this Agreement, you agree to a release of liability, waiver of claims, assumption of risk, and indemnity in favour of the Club and other Released Parties defined below.

1. Application of this Agreement

This Agreement applies to the Member’s membership in the Club and to all use of Club property, docks, launching and landing areas, rigging areas, parking areas, boat spaces, storage areas, clubhouses, race management activities, training activities, social events, regattas, and all other Club facilities, premises, operations, programs and activities, whether on land or water, and whether at the Club’s site or elsewhere (collectively, the "Club Activities").

This Agreement also applies to the Member’s ownership, use, rigging, launching, retrieval, storage, trailering, transport and presence of the Member’s boat, trailer, dolly, spars, sails, equipment and related property at or in connection with any Club Activities.

2. Definitions

In this Agreement, the "Released Parties" means the Club and its past and present directors, officers, governors, trustees, members of committees, employees, contractors, volunteers, instructors, coaches, race officers, judges, officials, agents, representatives, successors and assigns, and, when acting on behalf of the Club, other members.

3. Member Acknowledgements

The Member acknowledges and agrees that:

  1. the Member owns the boat used in connection with Club Activities, or has full legal authority to keep, use and operate it in connection with Club Activities;
  2. the Member is solely responsible for the condition, maintenance, seaworthiness, repair, inspection, safe operation, rigging, launching, retrieval, storage, trailering and security of the Member’s boat and equipment;
  3. the Member will comply with all applicable laws, regulations, navigation rules, environmental rules, safety requirements, and all Club by-laws, rules, policies, procedures and directions, including the Club’s membership rules posted at https://waterrats.ca/membership-rules, as amended from time to time;
  4. the Member will ensure that any person using or operating the Member’s boat with the Member’s permission is competent and, where required by law, permitted to do so; and
  5. the Member will ensure that crew, guests and invitees of the Member comply with all Club rules and, where required by the Club, sign a separate waiver before participating in Club Activities.


Specific Rule Confirmations

The Member specifically confirms and agrees as follows:

A. Active Use

The Member will make active use of the Member’s boat during each season in accordance with the Club’s membership rules. If the Member does not expect to use the boat during a season for personal reasons, the Member will promptly contact the Club to request any available exemption. The Member understands that if the boat remains idle for an entire season, the Club may decline to renew the Member’s membership and may require removal of the boat from Club grounds.

Member Initials (Active Use):


B. Rigging and Seasonal Set-Up

The Member will follow the Club’s rules regarding the rigging, seasonal set-up and storage of the Member’s boat, including any applicable requirement to step the mast by June 30, take the mast down by November 30, and not store the boat over the winter with the mast up where the rules prohibit that.

Member Initials (Rigging / Seasonal Set-Up):


C. Boat Space and Area Maintenance

The Member will keep the area around the Member’s boat clean, safe and maintained, including grass cutting and general upkeep, in accordance with the Club’s membership rules.

Member Initials (Boat Area Maintenance):


4. Insurance

The Member represents and warrants that during the membership period the Member will maintain, at the Member’s expense, liability insurance for the Member’s boat in an amount of not less than $1,000,000 per occurrence, and will provide proof of insurance to the Club on request.

The Member understands that the Club does not provide insurance for the Member’s boat, trailer, dolly, gear, vehicle or other property unless expressly stated in writing.


5. Assumption of Risk

The Member understands that dinghy sailing and related Club Activities involve inherent and other risks, including serious personal injury, death, property damage and financial loss.

These risks include, without limitation: changing wind, weather and water conditions; waves and wakes; currents; cold water, hypothermia and drowning; falling overboard; capsize; collision with other boats, docks, ramps, trailers, dollies, structures, debris, swimmers or other objects; grounding; failure of the hull, rudder, centreboard, rigging, spars, sail or other equipment; improper rigging or launching; rescue and emergency response; slips, trips and falls on wet or uneven surfaces; launching and retrieval hazards; storage and transport hazards; acts or omissions of other members, guests, volunteers or third parties; and negligent rescue, supervision, organization, instruction or maintenance.

The Member freely and voluntarily assumes all such risks, known and unknown, foreseeable and unforeseeable, in connection with Club Activities and the Member’s boat and property.

Member Initials:


6. Release and Waiver of Claims

In consideration of being accepted as a member of the Club and being permitted to participate in Club Activities and to bring, rig, launch, retrieve, store, trailer, transport, sail or keep the Member’s boat or property at or in connection with the Club, the Member, on behalf of the Member and the Member’s heirs, executors, administrators, estate, personal representatives and assigns:

fully and forever releases, waives and discharges the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, costs and expenses of every kind, whether in law or equity, whether known or unknown, and whether arising in contract, tort, negligence, occupiers’ liability, breach of statutory duty or otherwise, that the Member now has or may later have, arising directly or indirectly from or in connection with:

  1. the Member’s membership in the Club;
  2. Club Activities;
  3. the Member’s presence on Club premises or use of Club facilities;
  4. the condition of Club premises or facilities;
  5. the Member’s boat, trailer, dolly, spars, sails, gear, vehicle or other property being brought onto, stored on, rigged at, launched from, retrieved from or otherwise kept at or in connection with the Club; or
  6. any personal injury, death, property damage, property loss, theft, collision, sinking, fire, water damage or other loss suffered by the Member,

including if caused or contributed to by the negligence of any of the Released Parties.

This release includes, without limitation, claims relating to alleged negligent maintenance of premises, docks, ramps, launching areas, rigging areas, storage areas or equipment; negligent rescue; negligent race management or event organization; negligent instruction, supervision or monitoring; and acts or omissions of members or volunteers acting on behalf of the Club.

Member Initials:


7. Member Property at Own Risk

All boats, trailers, dollies, spars, sails, covers, cradles, vehicles, contents, equipment and all other property of the Member are brought onto, stored at, launched from or otherwise kept at or in connection with the Club entirely at the Member’s sole risk.

The Club is not responsible for loss of, damage to, theft of or destruction of the Member’s property, however caused, including by weather, water, fire, theft, vandalism, accident, negligence or the acts or omissions of other members or third parties, to the fullest extent permitted by law.

Member Initials:


8. Indemnity and Hold Harmless

The Member agrees to defend, indemnify and hold harmless the Released Parties from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs and expenses (including legal fees on a substantial indemnity basis) arising directly or indirectly from or in connection with:

  1. the Member’s acts or omissions;
  2. the ownership, rigging, launching, sailing, retrieval, maintenance, storage, trailering, transport or use of the Member’s boat, trailer, dolly, equipment or other property;
  3. any breach of this Agreement or of any Club rule, policy or applicable law by the Member or by any person using the Member’s vessel with the Member’s permission;
  4. any claim brought by the Member’s family members, dependants, crew, guests, invitees, insurers, subrogated insurers or any third party arising from the Member’s membership or Club Activities; and
  5. any injury, death, loss or damage suffered by any person, or any damage to Club property or to the property of any other member or third party, caused by or connected with the Member, the Member’s vessel, trailer, equipment, crew, guests or invitees.

This indemnity applies whether the claim is made directly against a Released Party or by way of contribution, indemnity, subrogation or otherwise.

Member Initials:


9. Emergency Action

If the Club reasonably considers that emergency action is required for safety, to protect persons, or to protect the Club’s property or the property of others, the Club may move, secure, unrig, cover, tow, relocate or otherwise deal with the Member’s boat or property without prior notice where practicable. Any such action is taken at the Member’s risk and expense. Nothing in this section creates any duty on the Club to take such action.

Member Initials:


10. No Reliance / No Warranty

The Member acknowledges that the Club does not guarantee the safety, suitability, fitness, security or condition of any boat space, dock, launching area, rigging area, storage area, race course, event, weather information or other facility, service or activity.

Member Initials:


11. General Legal Terms

  1. To the fullest extent permitted by law, this Agreement is intended to be broad and inclusive and to exclude liability of the Released Parties as completely as allowed by applicable law.
  2. If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
  3. This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario.
  4. This Agreement is binding on the Member and the Member’s heirs, executors, administrators, estate, personal representatives and assigns.
  5. This Agreement remains in effect throughout the Member’s membership and any renewal or continuation of membership, and during any period in which the Member uses Club facilities or participates in Club Activities, unless replaced by a later written agreement signed by the Member and accepted by the Club.
  6. This Agreement may be signed electronically and in counterparts.


12. Confirmation

The Member confirms that the Member:

  • has read this Agreement carefully;
  • understands it;
  • understands that the Member is giving up substantial legal rights, including the right to sue;
  • has had the opportunity to obtain independent legal advice before signing; and
  • signs this Agreement voluntarily and without duress.

March 25, 2026

First Participant's Name
First Name*
Last Name*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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