Member Waiver, Release of Liability, Assumption of risk and Indemnification Agreement

Sailing is a potentially hazardous sport; there are INHERENT RISKS, DANGERS, AND HAZARDS both known and unknown, including, but not limited to, accidental jibes, man overboard and equipment failures which occur from time to time without warning; and that variations in wind and bay/ocean conditions, water traffic, submerged obstructions, and other hazards to navigation exist. In using Convair Sailing Club (CSC) equipment or facilities or participating in sailing instruction at CSC.

1) I knowingly and freely ASSUME ALL SUCH RISKS, DANGERS and HAZARDS, both known and unknown, and I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION.

2) I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby EXEMPT, RELEASE, WAIVE, DISCHARGE and HOLD HARMLESS CSC and/or their officers, employees, volunteers or agents (releasees) from any injury, harm, or loss of life which may occur to me or my property, whether arising from the negligence of the releasees or otherwise, that I may have presently or in the future.

3) I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby HOLD HARMLESS and INDEMNIFY CSC and/or their officers, employees, volunteers or agents, from all loss, cost (including attorneys’ fees), expense, damage, claims or liability due to my alleged negligence or fault, including claims or liability relating to injury of person or property or wrongful death arising from or in any way related to the aforementioned activity. I further understand that I have the option to obtain insurance on my own against any such loss.

4) Basic member info is shared with other club members only for club and contact purposes

This agreement operates to protect CSC and/or their officers, employees, volunteers or agents (releasees) to the extent such risk is not covered by any insurance policy insuring the releasees or until the limits of such policy and/or coverage have been exhausted.

If any provision, section, subsection, clause or phrase of this release is found to be unenforceable or invalid, that portion shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable portion had never been contained in this document.

By entering into this agreement, I am not relying on any oral or written representation or statements made by the releasees. I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT.

If the member is a minor (below the age of 18), the agreement must be signed by both the minor and his or her lawful custodial parent/parents/guardian. The undersigned parent/guardian additionally warrants that they have the sole right to determine the risk and grant permission for the minor.