For and in consideration of the undersigned's participation in US Sailing's Siebel Sailors Program ("Program"), sponsored by US Sailing (the "Organization"), hosted by various Host Clubs/Organizations (the "Hosts"), and taught by a Siebel Sailors Program Coach ("Coach") and/or Host instructor, I ("Participant"), for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the "Agreement"):
RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization, Host, and Coach including any and all COVID-19 related safety measures required by the Organization, Coach, Host, and applicable state and local authorities.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing and attendance at a Program, and that participation in any Program involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and communicable disease, trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, Organization or Host staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Program organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks") Special note regarding COVID-19. Risks under this Agreement include the potential for exposure to communicable diseases such as COVID-19, an extremely contagious virus that spreads from person-to-person contact. The Organization has taken preventative measures to reduce the spread of COVID-19; however, attending or participating in a Program could increase your risk of contracting COVID-19 which may result in personal injury, illness, permanent disability,
ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Program, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any Program. I also agree to be responsible for any injury or damage caused by me or any agents under my direction and control at any Program.
RELEASE: In consideration of my participation in any Program, I hereby release from liability and waive any claims against the Organization, Coach, and Host(s) of the Program, its licensees, competition managers, promoters, sponsors, advertisers, beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees, volunteers, and contractors of them (the "Released Parties" or "Program Organizers") with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature ("Liability") which may arise out of, result from, or relate in any way to my participation in the Program, including claims for Liability caused in whole or in part by the negligent acts or omissions
COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
IMAGE RELEASE: I, the Participant, hereby grant to the Organization and Host, perpetually and irrevocably, the unconditional and exclusive right, title, and interest throughout the world to use, simulate, and portray my name, likeness, voice, personality, personal identification, and personal experiences, incidents, situations, and events, whether visual and/or audio, including without limitation photographs, videotape, film and other recordings, electronic or optical-based media, or any other form or medium whatsoever, whether now or hereafter existing, and of every kind and character (collectively "The Images"), which may be taken or taken of Participant while participating in any aspect of the Program. Participant (or Participant's Parent/Guardian) understands and agree that one or more ofthe Organization and/or Host will be the owner(s) of any and all right, title, and interest in and to the Images, in any derivative works, and in any merchandising, advertising, promotional, and publicity rights and materials related thereto in all media of every nature whatsoever, whether now known or hereafter devised. Participant reserves no rights with respect to such uses. Participant (or Participant's Parent/Guardian) acknowledge the Organization's and the Host's right,title, andinterestin and advertisement, promotion, distribution, and sale of products or events directly or indirectly related to the Program and/or related programming or products. Participant (or Participant's Parent/Guardian) agree that the Organization and Host shall have unlimited right to vary, change, alter, modify, add to, and delete from any depictions of Participant in the Images and to rearrange and/or transpose such depictions as each may determine. Participant (or Participant's Parent/Guardian) hereby waive any right to inspect, review, or approve the Images and their use by the Organization and the Host and acknowledge that they are to receive no payment with respect to any matter referred to herein and that any and all of the rights granted herein are freely assignable by Organization and/or Host. I HEREBY FOREVER WAIVE, RELEASE,AND DISCHARGE ORGANIZATION AND HOST AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS,
MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, AND REPRESENTATIVES (EACH A "RELEASED PARTY") FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT RELEASORS MIGHT NOW OR HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, OR VIOLATION OF ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY UTILIZATION OF THE RIGHTS GRANTED UNDER THIS DEPICTION RELEASE.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY.
of By signing below, I (as the participant or as the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditionsthis Agreement in connection with my (or the minor's) participation in any Program.