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Blueflash Sailing Foundation Waiver and Release of Liability

What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue Blueflash Sailing Foundation (“BSF”)or anyone associated with BSF for injuries or losses you suffer while using BSF’s facilities or equipment, or while participating in activities or programs administered by BSF.


Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, check each agree box. Sign the document only after you have read and understood everything.


YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES OF BLUEFLASH SAILING FOUNDATION WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING BSF, ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, OR ADVISORS FOR ANY INJURIES, INCLUDING DEATH, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ACTIVITIES OR PROGRAMS ADMINISTERED BY BSF.


1. I ASSUME ALL RISKS.


I recognize the risk of serious injury, death, or other damages inherent in sailing and in my use of BSF’s facilities, equipment, and instruction relating to these activities. There is no way to completely eliminate the risk of serious injury or death in our aquatic environment. I understand that my use of BSF facilities and equipment, and any instruction or knowledge I obtain at those facilities or using that equipment is NOT sufficient to prevent the dangers and risks of sailing. I CERTIFY THAT I UNDERSTAND THE RISK OF SERIOUS INJURY, DEATH, OR OTHER DAMAGES INHERENT IN SAILING. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS (INCLUDING COMMUNICABLE DISEASES SUCH AS COVID-19), DEATH, OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY PARTICIPATING IN ANY SUCH ACTIVITY ADMINISTERED BY BSF.

I Agree


2. I WAIVE AND RELEASE ALL CLAIMS.


I recognize that BSF could not offer this activity to me without obtaining a release of liability. In consideration of the agreement of BSF to offer use of a boat, equipment, or service to me, I AGREE TO RELEASE BSF, OR ANYONE ASSOCIATED WITH BSF, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, AND ADVISORS FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A BSF ADMINISTERED ACTIVITY OR FROM USE OF BSF EQUIPMENT OR FACILITIES.

I Agree


3. I WILL HOLD HARMLESS AND INDEMNIFY BSF.


In consideration of the agreement of BSF to offer use of a boat, equipment, or other services to me, I agree to defend, protect, indemnify and hold harmless BSF, its officers, directors, employees, volunteers, and advisors from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability or any nature, that may arise out of my use of BSF equipment or facilities. I EXPRESSLY AGREE NOT TO SUE THE BLUEFLASH SAILING FOUNDATION, OR ANYONE ASSOCIATED WITH BSF, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, AND ADVISORS FROM AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST BSF AND THOSE PARTIES, WITHOUT LIMITATION, INCLUDING CLAIMS FOR NEGLIGENCE ARISING FROM MY PARTICIPATION IN A BSF ADMINISTERED ACTIVITY OR FROM USE OF BSF EQUIPMENT OR FACILITIES.

I Agree


4. I AGREE TO ABIDE BY ALL BSF RULES.


I agree to abide by all BSF rules contained in written form as well as verbal directions that may be given by BSF staff, volunteers, or instructors, including any and all COVID-19 related safety measures required by the Organization. I MAY NOT USE BSF BOATS OR EQUIPMENT IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.

I Agree


5. OTHER PROVISIONS.


• I acknowledge that this agreement between myself and BSF will remain in effect indefinitely, or until such a time as an underaged participant turns eighteen (18) years of age.

  • If I am renting a boat, I attest that I am familiar with the type of vessel I am using and its operation. I am aware of the weather conditions and I am capable of properly handling the boat under these conditions and guarantee the capability of any party or parties who may also handle it with my permission. I will inspect the boat before departure and will not depart unless I am certain of its soundness and good condition. Additionally, I agree that I am solely responsible for any expenses incurred due to damage, loss of property or personal injury suffered by the Blueflash Sailing Foundation, my passengers or any third parties, resulting from my use of boats or equipment.

  • I authorize the program organizers or their employees and volunteers to sanction emergency treatment.

  • I permit the Blueflash Sailing Foundation to use photos and quotes of any participants in their publications.


  • Severability: If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement and its application to other persons or circumstances is not affected and remains in full force and effect.

  • I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.



I Agree

  • PARTICIPATION IN A SAILBOAT RACING EVENT ON A BLUEFLASH SAILING FOUNDATION SAILBOAT


  • Sailing is an activity that has an inherent risk of damage and injury. Competitors in a sailboat racing event are participating entirely at their own risk. See RRS 3, Decision to Race. The race organizers(organizing authority, race committee, protest committee, host club, sponsors, or any other organization or official) will not be responsible for damage to any boat or other property or injury to any competitor, including death, sustained as a result of participation in this event. By participating in a sailboat racing event, each competitor agrees to release the race organizers from any and all liability associated with such competitor’s participation in this event to the fullest extent permitted by law.


  • I Agree

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. YOU SHOULD GET APPROPRIATE LEGAL OR OTHER ADVICE BEFORE SIGNING IT.

1. My crew and I recognize that sailing is an activity that has an inherent risk of damage and injury associated with it. We have read RRS 3, Decision to Race and hereby acknowledge and agree that we are participating in a sailboat racing event entirely at our own risk.

2. I acknowledge and agree that neither the organizing authority nor the race committee, nor their members, will be responsible for: (a) any damage to the entered boat or my other property, or (b) any injury to myself or my crew, including death, sustained as a result of the participation of myself, my crew and the boat in a sailboat event.

3. I hereby waive any rights I may have to sue the race organizers (organizing authority, race committee, protest committee, host club, sponsors, or any other organization or official) with respect to personal injury or property damage suffered by myself or my crew as a result of our participation in a sailboat racing event and hereby release the race organizers from any liability for such injury or damage to the fullest extent permitted by law.

4. I have taken all necessary steps to ensure that myself, my crew and the entered boat are adequately prepared for all possible contingencies, including appropriate safety equipment as may be required by law or that a prudent seaman would consider advisable. 5. I understand this document has important legal consequences and have consulted such legal and other advisors as I deem appropriate before signing. 

I Agree


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
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First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Phone*
Parent or Guardian's 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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