Assumption Of Risk, Liability Waiver, Release And Indemnification Agreement printable pdf download

California Yacht Club Junior Sailing Program

Assumption of Risk, Liability Waiver, Release and Indemnification Agreement

Please Read Carefully

Minor’s Name: ___________________________________________________

I, the undersigned, am a parent having legal custody/person having legal custody or

legal guardian of the above-listed Minor. I wish to voluntary enroll the Minor in the California

Yacht Club (CYC) Junior Sailing Program (the Program). In consideration of the Minor’s

participation in this voluntary recreational activity and use of CYC facilities, I acknowledge

and agree as follows, for myself, the Minor and the Minor’s heir, representatives and assigns:

I understand that risks exist in the Program and shoreside activities, including but not

limited to, the risks of serious physical injury, death or permanent disability from car accident,

falling, boat collision, capsizing and drowning. I freely assume all risks, including unforeseen

risks. CYC is not my insurer. I will maintain insurance as prudent for the protection of the Minor

and myself, including medical and liability coverages.

To the fullest extent permitted by law, I promise not to sue, I forever release and agree

to indemnify and hold harmless CYC from and against any and all claims, damages, liabilities,

losses, suits, costs and expenses including attorney fees, for personal injury to the Minor or any

other person, and loss of any property, arising from the Minor’s participation in the Program

and shoreside activities on or off CYC premises, and including any active or passive

negligence of CYC, such as negligent rescue. My obligations under this paragraph shall

survive the termination of the Minor’s participation in the Program.

I represent that the Minor is in good health, is able to safely undertake sailing activities,

and can swim well enough in the event his/her boat capsizes to avoid any resulting danger;

and that the Minor is capable of comprehending instruction, following directions and

observing proper safety precautions. I agree to abide by the decisions of the Program’s Head

Instructor if he/she finds it necessary to discipline or dismiss the Minor for lack of attention,

misbehavior or failure to follow safety precautions.

For the purpose of the Agreement, “CYC” includes its parent companies, affiliates, and

the owners, partners, directors, officers, employees, agents, and committee persons of any of

them. This Agreement contains all of the understandings between me and CYC regarding

the subject matter hereof, and may be modified only in a writing signed by the parties. I am

not relying upon any promise, representation or inducement not contained herein. The

above waiver, release and indemnity provisions are continuing obligations and intended to

be as broad, comprehensive and inclusive as permitted by law, but are not intended to assert

any claim or defense prohibited by law. The provisions of this Agreement shall be interpreted

in such a way so as to render them valid whenever possible, and any ambiguity shall not be

strictly construed against CYC. If any part of this Agreement is held invalid by a court or

arbitrator having jurisdiction, the remainder shall continue in full force and effect.

I certify that I have carefully read, understand and agree to the above.

_________________________________________________________ __________________________________

Parent/ Guardian Signature

Date

Print Name

_________________________________________________________ __________________________________

Parent/ Guardian Signature

Date

Print Name

Rev. 5/08

Assumption Of Risk, Liability Waiver, Release And Indemnification Agreement

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