LONG BEACH YACHT CLUB
REGATTA WAIVER AND RELEASE OF
LIABILITY
For and in consideration of
Long Beach Yacht Club, together with
its Elected and appointed Flag, and its officers, directors, employees, volunteers and contractors (collectively, “LBYC”) allowing
me, the undersigned, and/or my minor child, to participate in any
capacity in a sailing or sailing-related event or activity (“Event” or
“Events”) sanctioned, licensed or
approved by LBYC; I, for myself, and on
behalf of my spouse, children, heirs and next of kin, and any legal and
personal representatives, executors,
administrators, and assigns, hereby agree to and make the following contractual
agreements and representations pursuant to this Agreement (the “Agreement”):
A. RULES AND REGULATIONS: I hereby agree to abide
by the rules, regulations, and policies of LBYC, including any and all COVID 19 related safety measures required by LBYC.
B. ACKNOWLEDGMENT
OF RISK: By entering this event,
all “Racers” (including but not limited to captains and crew) knowingly and
voluntarily acknowledge the inherent risks associated with the sport of sailing
and yacht racing, including the Event(s), and that participation in any Event
involves risks and dangers including,
without limitation, the potential for very serious bodily injury, sickness and
disease (including communicable diseases), trauma, permanent disability and
death; loss of or damage
to personal property or earning
capacity; accidents involving other participants,
event staff, volunteers or spectators; contact or collision with
other participants or natural or manmade objects; adverse and/or dangerous
weather conditions; facilities issues
and premises conditions; inadequate safety measures;
participants and/or LBYC volunteers, and/or event staff of varying skill
levels; the consumption of alcoholic beverages, which may add an element of
risk from interaction with other individuals involved in the Event, or from
transportation to or from the
location of the Event(s), or from a Racer’s own incapacitation; other
situations beyond the immediate control of LBYC; and other undefined, not
readily foreseeable and presently unknown risks and dangers (all of which,
collectively, the “Risks”).
C. ASSUMPTION
OF RISK: I understand that the aforementioned Risks may be caused by or
result from my own action or inaction, or that of my crew or support personnel,
or the actions or inactions of others participating in the Event(s), or the
negligent acts or omissions of LBYC, and I hereby voluntarily and knowingly
assume all such Risks and responsibility for any damages, liabilities or losses
arising from or related to my participation in any Event(s).
D. RELEASE: Notwithstanding the Risks identified above
and other elements of risk and inconvenience, I wish to participate in the
Event(s) because of my interest in sailing and yacht racing, and in the
activities that I expect to enjoy during the Event(s). Therefore, in consideration of LBYC allowing me and/or my minor
child to participate in the Event(s),
I hereby agree to accept any and all Risks associated with the Events with the
knowledge of the dangers and risks involved.
I, of and for myself and minor child, and my heirs, assigns, and agents, hereby release LBYC
from any and all disputes, actions, claims, demands, liabilities, judgments,
and attorneys’ fees, which are related to or arise directly or indirectly from
the activities associated with the Event(s), including, without limitation, those due to the
negligence, fault or other act or omission of LBYC.
E. CREW
PARTICIPATION. Each and every
captain, crewmember and parent who participates in an Event in any manner
whatsoever shall execute a copy of this Agreement.
F. MEDIA WAIVER. Each and every captain, crewmember and
parent hereby grants, at no cost, LBYC and any official sponsors of the
Event(s), the absolute, perpetual and irrevocable right and permission to use
their name, voice, image, likeness, biographical material as well as
representations of the boats in any media worldwide (being television, print
and internet media), including video footage, for the sole purposes of
advertising, promoting, reporting and disseminating information regarding the
Event(s) and the participants in the Event(s).
G. COMPLETE
AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete
understanding between the parties regarding these issues and no oral
representations, statements or inducements have been made apart from this
Agreement. If any provision of this Agreement is held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability of any
remaining provisions.
I (as
the participant or as the Parent/Legal Guardian of the minor identified below) HAVE CAREFULLY READ THIS DOCUMENT IN ITS
ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN
ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY.