DISCLAIMER OF LIABILITY

Sailing is an activity that has an inherent risk of damage and injury. Competitors participate in the regatta 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 or accept any liability for material damage to any boat or property, or personal injury or death sustained in conjunction with or prior to, during, or after the regatta. By participating in this event, each competitor agrees to release the Newport Harbor Yacht Club, its past or present officers, directors, employees, representatives, agents, and race organizers from any and all liability associated with such competitor’s participation in this event to the fullest extent permitted by law. This Disclaimer is in addition and supplemental to the mandatory additional WAIVER, RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE FOR COVID-19-RELATED DAMAGES, attached hereto and incorporated by reference. 14.2 WAIVER, RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE FOR COVID-19-RELATED DAMAGES. In consideration for being allowed to participate in this regatta, competitors and each crew member shall execute a waiver, release, hold harmless and agreement not to sue, indemnifying Newport Harbor Yacht Club and its past or present officers, directors, employees, representatives, agents, and race organizers for any and all claims, actions, causes of action, losses, liabilities, damages, and obligations of any kind, whether known or unknown, at law or in equity or otherwise, that arise out of any possible exposure to COVID-19 that occurs as a result of competitors’ presence at or use of the Newport Harbor Yacht Club facilities, or participation in this regatta. 

WAIVER, RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE

I, (acknowledged below) fully understand that my participation in the BALDWIN CUP REGATTA exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage resulting from possible exposure to COVID-19. I hereby acknowledge that I am voluntarily participating in this event/class, and agree to assume any such risks. I hereby release, discharge and agree not to sue the Newport Harbor Yacht Club, its past or present officers, directors, employees, representatives, and agents for any injury, death or damage to or loss of personal property arising out of, or in connection with, any exposure to COVID-19 I may encounter as a result of my participation in the event/class from whatever cause, including the active or passive negligence of the Newport Harbor Yacht Club, its past or present officers, directors, employees, representatives, and agents, or any other participants in the event/class. The parties to this AGREEMENT understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision. In consideration for being permitted to participate in the event/class, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless the Newport Harbor Yacht Club, its past or present officers, directors, employees, representatives and agents from any and all claims, demands actions or suits arising out of or in connection with my participation in the event/class. I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND ACKNOWLEDGE IT OF MY OWN FREE WILL.