READ BEFORE SIGNING

The New York Yacht Club (“the Club”) has put in place certain preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you or your child(ren) will not become infected with COVID-19. In the event you or your child(ren) contract COVID-19 at the Club or at an event sponsored thereby, it is unclear whether liability insurance is available to the Club and its representatives. Accordingly, the Club is requiring the execution of this Release, Waiver, and Covenant as an absolute condition precedent to your participation in any regatta in any capacity, event, and/or charter of a club owned Sonar.

Participation in any regatta, event or Sonar charter could increase your risk and your child(ren)’s risk of contracting COVID-19. For purposes of this release, waiver, and covenant, you must assume that whatever is being done to protect you will not be sufficient. If you are not willing to assume the risk, release all claims, and promise not to sue, you are not permitted to participate.

By signing (manually or electronically) this agreement, I

1. acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participation in any regatta, event or Sonar charter, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, negligence, gross negligence, willfulness or intentional acts of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families.
2. voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren) and my participation in any regatta, event or Sonar charter (“Claims”).
3. on my behalf, and on behalf of my children, hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, negligence, gross negligence, willfulness, and intentional acts of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
4. hereby certify that my child(ren) and I are covered by health insurance.
5. am aware of Rhode Island rules and guidelines as they apply to sailing and recreational boating and accept responsibility for my compliance with such rules and guidelines while participating in Race Week at Newport presented by Rolex, including with respect to social distancing and the wearing of face masks.

I understand that I have no factual or legal basis to bring any action against the Club, its board of governors, officers, general manager, employees, volunteers of the Club, fellow members and non-members who may have been present or involved in any way.