2020 Race Week at Newport presented by Rolex WAIVER & RELEASE OF LIABILITY

WAIVER and RELEASE OF LIABILITY

READ BEFORE SIGNING

In consideration of being allowed to participate in any way in the Race Week at Newport presented by Rolex ("Race Week"), related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1) The risk of injury from the activities involved in the Race Week are significant, including the potential for damage, injury, permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; 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. I am familiar with and understand Racing Rules of Sailing rule 3, Acceptance of the Rules, and, in particular, rule 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 race officers, umpires, judges, regatta volunteers, staff, fellow competitors and crew members. I will respect the property of the New York Yacht Club, its members, guests and fellow competitors.

4) I, for myself and on behalf of my heirs, executors, administrators, successors, assigns and next of kin, HEREBY RELEASE AND HOLD HARMLESS the New York Yacht Club Regatta Association, Inc., New York Yacht Club, Rolex S.A., Rolex Watch U.S.A. and affiliated companies, and all regatta sponsors, each of their 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.

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 WITHOUT ANY INDUCEMENT.

I agree*

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First Name:*

Last Name:*

Boat Name:*

Sail Number:

I am the skipper (person in charge):*

YesNo

I am age 18 or older:*

YesNo

Of which yacht clubs and/or sailing organizations, if any, are you a member (tick all that apply)?*

New York YCUS SAILINGnot applicableOther

Street Address:*

City:*

State:*

Postal code:*

E-mail:*

Cell phone:*

Numbers only, No dashes. Start with area code

Skipper (Person in Charge) Indemnification

I am familiar with and understand RRS 46, Person in Charge, and USSER 1.2, Responsibility. 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 Race Week 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.

I confirm that my boat is adequately insured with valid third-party insurance that is appropriate taking into account the boats racing and the type of racing.

PLEASE BE ADVISED THAT MOST PERSONAL LIABILITY INSURANCE DOES NOT INCLUDE LIABILITY FOR CONTRACTURAL INDEMNIFICATION. ACCORDINGLY IT IS URGENT THAT YOU AVOID INDEMNIFICATION BY ENSURING WAIVERS ARE SUBMITTED FROM ALL MEMBERS OF YOUR CREW. YOU MAY ALSO WANT TO CONSIDER OBTAINING WAIVERS RUNNING TO YOU INDIVIDUALLY.

I agree*

true

FOR PARTICIPANTS OF MINORITY AGE (under age 18 at the time of registration)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release the Releasees from any and all liabilities incident to my minor child's involvement or participation in the Race Week as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.

Name of Parent/Guardian:*

I agree:*

true

REGATTA TEXT ALERT OPT-IN

For the 2020 sailing season, the New York Yacht Club will be using TextCaster, a push notification service, to send competitors vital regatta information, including postponement announcements. E-mail will used primarily for more comprehensive morning and afternoon updates. Competitors will also receive text alerts anytime the National Weather Service issues a relevant warning for Newport County. This list will be not sold or used for non-regatta messaging and you can opt-out at any time by replying with "STOP"

YES, I would like to receive text messages on my mobile phone, including, potentially, messages delivered using an automatic telephone dialing system. I understand that text messages may, in addition to the content selected, also include advertisements. Subscribing to text messages is not a condition of purchasing any property, goods, or services.NO, I do not want to receive any text message communications.

Click here to read TextCaster's terms and conditions

For the 2020 sailing season, the New York Yacht Club will be using TextCaster, a push notification service, to send competitors vital regatta information, including postponement announcements. E-mail will used primarily for more comprehensive morning and afternoon updates. Competitors will also receive text alerts anytime the National Weather Service issues a relevant warning for Newport County. This list will not be sold or used for non-regatta messaging and you can opt-out at any time by replying with "STOP".

To sign up for text alerts, please click here.

I have read and understand the subscriber terms and conditions.

EMERGENCY CONTACT

Name of your emergency contact:*

Relationship:*

Best phone contact:*

E-mail:*

MEDIA WAIVER

In accordance with the Notice of Race, by competing in the Race Week, I grant, at no cost, the New York Yacht Club Regatta Association, Inc., New York Yacht Club, all regatta sponsors and their affiliated companies the absolute right and permission to use my name, voice, image, likeness, biographical material as well as representations of the boats in any media worldwide (being television, print and internet media), including video footage, for the purposes of advertising and promotions, as well as reporting and disseminating information regarding the Race Week and the participants in Race Week.

I have read and understand the media waiver.*

true