ACCEPT LIABILITY
I acknowledge I have filled out the 2024 Liability Waiver available in Member Central.
2024 RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR DAMAGES. PLEASE READ CAREFULLY
I agree to the following:
I am aware that participation in the activities of the National Yacht Club (the Club), and the use of the Club’s premises and facilities including clubhouse, adjacent decks and staircases, parking areas, boats, boat storage areas, docks, boat launching facilities, equipment, cranes, workshop and mooring field (hereinafter collectively referred to as “the Facilities”), may involve certain risks, dangers, and hazards, including property damage, bodily injury or death (“Loss”), arising from a variety of causes, including but not limited to boating, boarding and disembarking from boats, walking on or falling from docks, decks, patios and stairs, failure or misuse of equipment, engaging in volunteer activities, and negligence of the Club or its staff, its members, other users of watercraft, or persons participating the activities and using the Facilities of the Club, and myself. I freely accept and fully assume all such risks, dangers, and hazards and the possibility of Loss, resulting therefrom.
IN CONSIDERATION of the Club providing me with access to its activities, and use of its Facilities, I hereby agree TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Club, its directors, officers, members, employees, agents, representatives and volunteers (hereinafter “the Releasees”); and, TO RELEASE the Releasees from any and all liability for any Loss that I may suffer, or that my next of kin may suffer, as a result of my participation in the activities or my use of the Facilities of the Club (“my Participation”), due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, and TO INDEMNIFY AND HOLD HARMLESS the Releasees from and against any and all claims, damages, liabilities, demands, suits, judgments, causes of action, penalties, or other sanctions arising in connection with my Participation, (save and except for any intentional or willful and wanton misconduct on the part of the Releasees), including any Loss to any person caused either directly or indirectly by my Participation resulting therefrom, from any negligent act(s) or omissions by me or any other persons for whom I am responsible. This Agreement shall be effective and binding upon my heirs, next of kin, executors and administrators, assigns and representatives in the event of my death or incapacity.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE, INCLUDING THE RIGHT TO RECOVER OF DAMAGES IN A COURT ACTION AGAINST THE RELEASEES.
ROWAN'S LAW
As a skipper, I confirm that all participants will adhere to the NYC’s concussion protocol posted online at:
https://www.thenyc.com/Learn_to_Sail/Concussion_Policy_-_Rowan_s_Law and that all skipper and crew under the age of 26 have reviewed the Ontario Concussion Awareness Resources within the last 12 months.
I agree with the terms listed above