Skipper/Owner Waiver & Release of Liability
Skipper (Person in Charge) Indemnification
I am familiar with and understand RRS 46, Person in Charge, and, US Safety Equipment Regulations (USSER) 1.2 which states: The safety of a boat and her crew is the sole and inescapable responsibility of the "person in charge", as per RRS 46, who shall ensure that the boat is seaworthy and manned by an experienced crew with sufficient ability and experience to face bad weather. S/he shall be satisfied as to the soundness of hull, spars, rigging, sails and all gear. S/he shall ensure that all safety equipment is at all times properly maintained and safely stowed and that the crew knows where it is kept and how it is to be used, and,
I agree to be responsible for each member of my crew to submit, prior to racing, a completed Waiver & Release of Liability of all claims against the Releasees on forms provided by the OA. If, notwithstanding this undertaking, for any one or more members of my crew who fails to provide such waiver, then I do hereby indemnify the Releasees against any claim brought against them and arising out of the participation of any such crew member in the above named Regatta and its related activities, together with any costs, including reasonable attorneys' fees, that may be incurred as a result of any such claim, whether the claim be valid or not.
PLEASE BE ADVISED THAT MOST PERSONAL LIABILITY INSURANCE DOES NOT INCLUDE LIABILITY FOR CONTRACTURAL IDEMNIFICATION. ACCORDINGLY IT IS URGENT THAT YOU AVOID OBLIGATION TO INDEMNIFY BY ENSURING WAIVERS ARE SUBMITTED FROM ALL MEMBERS OF YOUR CREW. YOU MAY ALSO WANT TO CONSIDER OBTAINING WAIVERS RUNNING TO YOU INDIVIDUALLY.
4. Race Entry Agreement (please read carefully)
In consideration of being allowed to participate in any way in the above stated Regatta, related events, and activities ("Regatta"), the undersigned acknowledges, appreciates, and agrees that:
1) Competitive sailing may expose participants to significant and unpredictable risks and conditions, including without limitation, severe weather, unpredictable sea state, equipment failure, and hidden hazards. The risk of injury from the activities involved in the Regatta are significant, including the potential for property damage, injury, permanent disability and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks remain; and,
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3) I willingly agree to comply with the stated and customary terms and conditions for participation included in the Notice of Race. I am familiar with, understand, and agree to be bound by the Fundamental Racing Rules of Sailing including, but not limited to: 1 - Safety, 2 - Fair Sailing, 3 - Acceptance of Rules and in particular, 4 - Decision to Race. I agree to uphold both the letter and spirit of the Racing Rules of Sailing with fair play and honesty, and show responsible conduct toward all fellow competitors and crew members, all race officers, judges, umpires, regatta volunteers, and event sponsors. I have the requisite skill, health, and experience to safely participate in the Regatta. I will respect the property of the San Diego Yacht Club, its members, guests and club staff.
4) I, for myself and on behalf of my heirs, executors, administrators, successors, assigns and next of kin, HEREBY RELEASE the San Diego Yacht Club its officers, directors, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, including the Organizing Authority, Race Committee, Protest Committee, volunteers, or any other affiliated organization or official, (collectively as "Releasees") WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
5) I grant unconditional, perpetual right and authority to publish and broadcast my name, voice, image, or likeness of myself, and the boat I am competing on, via any media whatsoever, for editorial, advertising, promotional or press information.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOU ANY COERCION OR INDUCEMENT.