Spring Colgate Crew Wavier 2024
Spring Colgate Crew Wavier 2024
Sailor Name
Sailor Name
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First
Last
Registered Skipper
Registered Skipper
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First
Last
Phone
Phone
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Email
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Date of Birth
Date of Birth
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MM
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DD
YYYY
Emergency Contact
Emergency Contact
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First
Last
Emergency Contact Phone Number
Emergency Contact Phone Number
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RELEASE AGREEMENT AND LIABILITY WAIVER
READ THIS CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM FOR COMPENSATION, AND INCLUDES AN EXPRESS ASSUMPTION OF RISK, WAIVER, AGREEMENT NOT TO SUE, AND INDEMNITY AGREEMENT
For and in consideration of Columbia Sailing School and any of its subsidiaries and affiliates, including but not limited to Columbia Yacht Club (collectively the "Organization") allowing me, the undersigned, to participate in any capacity in an Organization sanctioned, licensed, or approved event or activity, including but not limited to sailing lessons and regattas ("Event" or "Events"); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the "Agreement"):
1. RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization, including any and all COVID-19 related safety measures required by the Organization, the Events and all applicable laws.
2. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing, and that participation in any Event involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases such as COVID-19), trauma, pain and suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Organization, the Event organizers and/or competition management; and any and all other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks").
3. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from my own actions, inactions or omissions, the actions, inactions or omissions of others participating in the Events, and/or the actions, inactions or omissions of the Released Parties defined below, including but not limited to any negligent actions, inactions or omission by me, others and/or Released Parties, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, injuries, liabilities, losses, or expenses that I incur as a result of my participation in any Events. I also agree to be responsible for any damage, injury, liability, loss or expense caused by me or any agents under my direction and control at any Event to any party, including but not limited to Released Parties and other participants.
4. RELEASE AND INDEMNITY: In consideration of my participation in any Event, I hereby release from liability and waive any claims against the Organization and the owner or organizer of each Event (each an "Event Organizer"), which release and waiver includes but is not limited to all licensees, competition managers, promoters, sponsors, advertisers, beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees, volunteers and contractors of them (collectively the "Released Parties"), with respect to any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (individually and collective the "Liability") which may arise out of, result from, or relate in any way to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. Further, I agree to indemnify, defend, and hold harmless the Organization, the Event Organizers and all other Released Parties against and from any and all Liability imposed on, incurred by, or asserted against any such Released Party resulting from, arising out of, in connection with, or relating to my breach of this Agreement.
5. COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the Organization and me regarding the subject matters set forth herein 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.
6. GOVERNING LAW AND JURISDICTION: This Agreement shall be deemed entered into, executed and delivered in the City of Chicago, County of Cook, State of Illinois and shall be governed by and construed in accordance with the domestic laws of the State of Illinois, without regard to any choice of law or conflict of law provisions or rules. Subject to the Arbitration provision herein, I consent to the exclusive jurisdiction of any state or federal court sitting in the City of Chicago, County of Cook, State of Illinois and waive any and all defenses thereto, substantive or procedural.
7. ARBITRATION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on any Award may be entered in any court having jurisdiction hereunder. This clause shall not preclude the Organization or me from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, WAIVER FROM LIABILITY, AND INDEMNIFICATION.
4. By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with the Organization and my (or the minor's) participation in any event.
Draw
or
Type
I understand this is a legal representation of my signature.
Clear
Full Name
I understand this is a legal representation of my signature.