ORC East Coast Championship WAIVER & RELEASE OF LIABILITY / COVID-19 RELEASE

WAIVER and RELEASE OF LIABILITY / COVID-19 RELEASE

READ BEFORE SIGNING

In consideration of being allowed to participate in any way in the ORC East Coast Championship related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1) The risk of injury from the activities involved in the ORC East Coast Championship 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) 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.

3) 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,

4) 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 4, Acceptance of the Rules, and, in particular, rule 3, 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.

5) 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, 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*

true

First Name:*

Last Name:*

Boat Name:*

Sail Number:

Street Address:*

City:*

State:*

Postal code:*

Competitor E-mail:*

Competitor Cell phone:*

Numbers only, No dashes. Start with area code

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

New York YCUS SAILINGnot applicableOther

I am age 18 or older:*

YesNo

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 ORC East Coast Championship as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.

Name of Parent/Guardian:*

I agree:*

true

I am the skipper (person in charge):*

YesNo

How many will be aboard the boat during the regatta? *

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 ORC East Coast Championship 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

REGATTA TEXT ALERT OPT-IN

For the 2021 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.

For the 2021 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.

Click here to read TextCaster's terms and conditions

I have read and understand the subscriber terms and conditions.

MEDIA WAIVER

In accordance with the Notice of Race, by competing in the ORC East Coast Championship, 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 ORC East Coast Championship and the participants in the ORC East Coast Championship.

I have read and understand the media waiver.*

true

EMERGENCY CONTACT INFORMATION

Name of your emergency contact:*

Relationship:*

Emergency phone contact:*

Emergency e-mail:*