JPYC Release of Liability
By executing this Release the undersigned certifies and agrees, on their own behalf and on behalf of any of their permitted guest, as follows:
I understand that there are inherent risks in operating boats, and participating in water sports and using boat facilities. I understand that injuries resulting from the danger, hazards, and risks of sailing, rowing, and paddling programs and sports are a foreseeable occurrence of such programs and sports. I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE RELEASED PARTIES, INCLUDING FAILURE BY THE RELEASED PARTIES TO SAFEGUARD OR PROTECT ME FROM THE DANGERS, HAZARDS, AND RISKS OF THESE PROGRAMS AND SPORTS. I freely accept and fully assume all dangers, hazards, and risks associated with participation in sailing, rowing, and paddling programs and sports and the possibility of personal injury, death, property damage or loss resulting therefrom.
I understand that this release extends to claims of any nature and kind whatsoever, known or unknown, suspected or unsuspected, arising on and after execution hereof, except as expressly set forth above, and that the facts in respect which this release is given hereafter may prove to be different from the facts known or believed. I have read this form and fully understand that by signing this form, I am giving up certain legal rights and/or remedies.
I, for myself, my personal representatives, and my heirs, do hereby voluntarily agree to release, waive, discharge, hold harmless, covenant not to sue and defend and indemnify Jackson Park Yacht Club (“JPYC”), the Jackson Park Yacht Club Foundation (“JPYC Foundation”) and their respective agents, officers, employees, members, managers, volunteers, directors, representatives, affiliates, and successors and assigns (collectively “Released Parties”) from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, attorneys’ fees or otherwise which may arise out of my use of JPYC's/JPYC Foundation's watercraft equipment or facilities (“Claims”). I specifically understand that I am releasing, discharging, and waiving any Claims that I may have presently or in the future for the negligent acts or other conduct by a Released Party. I specifically understand that I agree to indemnify and hold harmless any Released Party for any Claims, even if caused by negligence of a Released Party.
I hereby represent and warrant that (a) I am at least eighteen (18) years of age: (b) I have carefully reviewed this Release and I fully understand and accept its terms and conditions without reservation of any kind: (c) I have had ample time to review this Release and to consult with appropriate persons as deemed necessary, including an attorney of my own choosing: (d) I have not relied upon any representation or statement of the Released Parties, or any of their respective representatives or agents with respect to the subject matter of this Release: (e) I understand that this Release effects a full and final release of all Claims that I have or may have in the future against Released Parties: (f) I am entering into this Release voluntarily: and (g) I have all necessary legal capacity to execute and deliver this Release. Notwithstanding the foregoing, I am not releasing any claims for gross negligence and wanton misconduct by any Released Party.
I agree to pay, indemnify, and hold harmless any Released Party for loss or damage due to my intentional, negligent or careless use or misuse of boats, equipment or facilities.
I agree to abide by all rules and instructions of JPYC/JPYC Foundation or their respective representatives or agents relating to participating in the sailing activities associated with JPYC/the JPYC Foundation.
I UNDERSTAND THAT BY SIGNING THIS RELEASE I HAVE FORFEITED SUBSTANTIAL RIGHTS. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.
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I have read and agree to this waiver and release.
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