JUNIOR SAILING PROGRAM PARTICIPATION, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
The JUNIOR SAILING PROGRAM (hereinafter “JSP”) of the SEASIDE PARK YACHT CLUB (hereinafter “CLUB”) is a voluntary participation program. Each participant (hereinafter “Participant”) and/or each Participant’s parent or legal guardian shall be the sole person deciding whether he or she can safely participate in the JSP activities on any given day. Each Participant shall be knowledgeable as to their level of sailing ability and the safe condition and the seaworthiness of the vessel they have chosen or been assigned to operate.
JSP Sailing Instructors (Hereinafter “Instructors”) shall serve only as instructors in the art of sailing and shall use their best efforts to inform Participants of the sailing conditions existing at the dock PRIOR TO commencing on water sailing activities. Each Participant shall in their sole discretion sail, continue to sail or withdraw from sailing activities as any change in weather conditions occur while the on-water sailing program is in progress. Instructors shall use their best efforts to inform Participants of significant change in weather conditions when such changes occur or appear about to occur to the extent practical; however, there can be no assurance that significant weather changes will be observed, anticipated or communicated to any Participant due to the fact that the JSP is conducted over a wide area with individual Participants dispersed over said area.
Each Participant shall render all possible assistance to any vessel or person in peril, when in a position to do so AND WHEN SUCH ASSISTANCE DOES NOT COMPROMISE THE SAFETY OF THE PARTICIPANT RENDERING SUCH ASSISTANCE. The determination of “compromise the safety” shall be the sole determination of any such Participant rendering or contemplating rendering assistance.
Instructors shall instruct Participant in one or more methods of rendering assistance as a scheduled part of the JSP; however, such instruction is not intended to encompass all possible methods of rendering assistance and any JSP Participant should use their own judgment as to the type of assistance they can or cannot render in assisting another person. Each Participant shall always first and foremost maintain his or her own safety when deciding to render assistance.
Each Participant recognizes that there are inherent dangers in the participation in any sailing program and the environs surrounding the CLUB and its Marina facility, including but not limited to, the potential for serious bodily injury, death, loss of or damage to personal property, exposure to adverse weather conditions and circumstances beyond the control of the CLUB, its Officers, Trustees, employees, agents, volunteers, and Instructors. Each Participant hereby knowingly and voluntarily assumes all risks and responsibility for any damages, injuries, liabilities, losses, costs and expenses that he or she may incur while participating in the JSP.
Each Participant further agrees to voluntarily observe all sailing program rules and regulations including those set forth in the Sailors Code of Conduct. It shall be the sole responsibility of each Participant to be thoroughly familiar with all JSP and CLUB rules and it shall not be the responsibility of the CLUB, its Officers, Trustees or Instructors to enforce a JSP Participant’s compliance with said rules and regulations.
Participant and Participant’s Parent and/or Legal Guardian do hereby agree to release, indemnify and hold the CLUB, its officers, trustees, employees, agents, volunteers, Instructors, their successors and assigns (“Released Parties”) harmless from any and all liability, injuries, claims, demands, causes of action, damages, losses, costs or expenses (including court costs and legal fees) of any kind and nature (“Liability”) which may arise out of, result from, or relate in any way to the Junior Sailing Program unless such injury or damage is caused directly by the gross or willful negligence of the CLUB, its officers, trustees, employees, agents and Instructors.
THE JUNIOR SAILING PROGRAM AND THE SPYC CLUB ARE NOT RESPONSIBLE FOR ANY DAMAGE TO BOAT OR EQUIPMENT WHILE BOATS ARE EITHER UNDER TOW OR BEING TRAILED TO OR FROM REGATTAS AND OR INTERCLUBS. THE JUNIOR SAILING PROGRAM AND SPYC CLUB WILL PROVIDE TRANSPORTATION SERVICES AS AN ACCOMMODATION IF POSSIBLE (NOT AN OBLIGATION) TO THE PARTICIPANTS. IT IS THE RESPONSIBILITY OF EACH PARTICIPANT TO ARRANGE THEIR OWN TRANSPORTATION TO OUTSIDE REGATTAS.