Roger Williams University Learn to Sail Program Liability Release and Hold Harmless Agreement
I acknowledge that participation in the Roger Williams University ("University") Learn to Sail Program ("Program") involves certain risks, including but not limited to personal and/or bodily injury, mental and/or emotional damage, or other injury, as well as damage to personal property. Some of these risks include the risks inherent to participation in the Program, including, but not limited to, varying water conditions, obstacles, other boats, other water users, natural and manmade objects, varying weather conditions, and varying depth and currents, and to the passive or active negligent or other acts of Participant, other participants, or third parties. I understand that the above list of risks is not complete or exhaustive and that those and other risks known or unknown, anticipated or unanticipated, may also result in injury, death, or damage to me, my property, or third parties. I agrees to voluntarily participate in the Program with knowledge of the potential dangers involved and hereby agree to accept and assume any and all risks arising from my participation in the Program. In consideration of being permitted to participate in the Program, I hereby forever release, hold harmless, and covenant not-to-sue the University, its trustees, officers, employees, agents, and volunteers, as well as sponsors, officials, organizers, and volunteers associated with the Program, (collectively, the "Released Parties") from any and all present and future claims resulting from negligence or otherwise on the part of the Released Parties for property damage, personal injury, or wrongful death, arising as a result of my participation in the Program or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims both present and future, resulting from negligence, breach of contract, breach of warranty, strict liability, or otherwise, that may be made by me, my family, estate, heirs, or assigns, and I relinquish on behalf of myself, spouse, heirs, and assigns the right to recover for injury, death, or damage to property. I agree to comply with all University instructions while participating in the Program. I acknowledge that the University has provided me with a protective life jacket and requires its use while participating in the Program. If I am signing this Learn to Sail Program Liability Release and Hold Harmless Agreement ("Agreement") on behalf of a minor less than 18 years of age ("Child"), I represent that I am the parent and/or legal guardian of the Child, accept responsibility for all of the Child's medical expenses incurred in connection with the Program, agree to indemnify the Released Parties for any and all claims brought by the Child, agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with the Child, and commit to the terms and conditions of this Agreement. I understand that the release and hold harmless provisions contained in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Rhode Island, and I agree that if any portion is held invalid, the remainder will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in the State of Rhode Island, that this Agreement contains the entire agreement between the parties hereto, and that the terms are contractual and not a mere recital.
I HAVE CAREFULLY READ THIS RELEASE AND HOLD HARMLESS 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. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS RELEASE AND HOLD HARMLESS AGREEMENT HAVE BEEN MADE.