1. Acknowledgment and Assumption of Risk. I
understand and acknowledge that sailing, boating, and activities
around docks, beaches, ramps, trailers, moorings, and open water
involve inherent risks. These risks may include, but are not
limited to: capsizing, falling overboard, collision with boats
or other objects, slipping or falling on docks or boats,
entanglement in lines or rigging, being struck by a boom, mast,
sail, tiller, equipment, or another participant, exposure to
cold water, sun, wind, rain, fog, changing weather, strong
currents, tides, waves, marine life, equipment failure,
transportation by boat, and the actions or inactions of other
participants.
I understand that injuries may occur, including serious injury,
permanent disability, drowning, or death. I knowingly and
voluntarily assume all risks associated with participation in
the Dennis Yacht Club Sailing Program and related activities,
whether on land, on docks, on boats, or in the water.
2. Release of Liability. To the fullest extent
permitted by law, I, on behalf of myself and/or my minor child,
release and discharge Dennis Yacht Club, its officers,
directors, members, employees, instructors, junior instructors,
volunteers, agents, representatives, contractors, and other
persons acting on its behalf from any and all claims, demands,
actions, or causes of action arising out of participation in the
Sailing Program or related activities. This release includes
claims arising from ordinary negligence, to the fullest extent
permitted by law. Nothing in this agreement is intended to
release claims that cannot legally be released under applicable
law, including claims arising from gross negligence, reckless
conduct, or intentional misconduct.
3. Responsibility for Safety Rules and Instructions.
I understand that participants must follow all safety rules,
instructor directions, club rules, and boating instructions. I
understand that failure to follow rules or instructions may
result in removal from the activity or program without refund. I
confirm that the participant is physically and emotionally able
to participate in sailing and water-based activities, and I
agree to inform Dennis Yacht Club of any medical condition,
allergy, medication, disability, swimming limitation, behavioral
concern, or other issue that may affect participation or safety.
4. Medical Authorization. In the event of
injury, illness, or emergency, I authorize Dennis Yacht Club
staff, instructors, volunteers, or representatives to obtain
emergency medical treatment for the participant if I cannot be
reached promptly. I understand that Dennis Yacht Club does not
provide medical insurance for participants and that I am
responsible for any medical costs incurred.
5. Indemnification. To the fullest extent
permitted by law, I agree to indemnify and hold harmless Dennis
Yacht Club and its officers, directors, members, employees,
instructors, junior instructors, volunteers, agents,
representatives, and contractors from claims, damages, costs, or
expenses, including reasonable attorney’s fees, arising from my
or my child’s participation in the Sailing Program, except to
the extent prohibited by law.
6. Equipment, Personal Property, Weather, and Program
Conditions.
I understand that participants may use boats, sails, lines,
trailers, dollies, docks, launches, life jackets, and other
equipment. I agree that the participant will use equipment
responsibly and follow instructor directions. Dennis Yacht Club
is not responsible for lost, stolen, or damaged personal
property. I understand that sailing is weather-dependent and
that Dennis Yacht Club may modify, postpone, cancel, move
indoors, or reschedule activities due to weather, wind, water
conditions, staffing, safety concerns, or other operational
reasons.
7. Governing Law. This agreement shall be
governed by the laws of the Commonwealth of Massachusetts. If
any part of this agreement is found to be invalid or
unenforceable, the remaining portions shall remain in full force
and effect.
