We are thrilled that you or your child will be participating in or volunteering in one of Rocking the Boat’s boatbuilding, environmental science, sailing, rowing, or public programs.
Please know that while wooden boatbuilding, water-based environmental science, sailing, and rowing all involve risks, limiting those risks both in the shop and on the water and ensuring each participant and volunteer’s safety is our primary concern. All program staff are trained in both the technical elements of their work and are First Aid and CPR certified. Sailing Program staff are US Sailing Small Boat Instructor Certified and have New York State and US Coast Guard powerboat driving certifications. All staff and participants wear life jackets whenever they are on the dock or the water.
By signing this agreement, you knowingly and voluntarily assume all risks of injury, illness, death, and loss of or damage to property arising from your or your child’s involvement as a participant or volunteer in Rocking the Boat’s programs. You agree that you will not seek to hold Rocking the Boat, The Ocean Race and its affiliates, and each of their respective officers, directors, employees, agents, contractors, event organizers and sponsors (collectively, the “Released Parties”) liable in the event that any accident, injury, or loss or damage to property or persons occurs as a result of your or your child’s participation. You also release, discharge and agree to hold harmless the Released Parties from any and all claims, demands, actions, damages, costs and expenses of any kind, including claims caused in whole or in part by the negligence of any of the Released Parties, arising out of your or your child’s participation in the Released Parties’ activities.
Indemnification: To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from and against any claim, loss, liability, damage, cost or expense (including reasonable attorneys’ fees) arising out of or relating to your or your child’s participation in the programs or activities, or any breach of this agreement.
Participants under 18: If the participant is under 18, the parent or guardian signing below: (a) waives, on his or her own behalf, all claims against the Released Parties, including claims derivative of the participant’s claims; (b) agrees to indemnify and defend the Released Parties as set out above with respect to any claim brought by or on behalf of the participant; and (c) agrees to cause the participant to ratify this agreement in writing upon reaching the age of 18.
Fitness, rules and medical care: You confirm that the participant is physically able to take part in the activities. The participant will follow all safety instructions and program rules, and the Released Parties may remove any participant who does not. You authorize the Released Parties to arrange emergency medical treatment and agree to be responsible for its cost.
Limits, severability and governing law: Nothing in this agreement releases any Released Party from liability for gross negligence or willful misconduct, or from any liability that cannot be released under applicable law. If any provision is held unenforceable, the remaining provisions remain in full force and effect and will be given the fullest effect permitted by law. This agreement is governed by the laws of the State of New York, without reference to its conflict of laws rules, and any dispute will be brought exclusively in the state or federal courts located in New York County, New York.