LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
In consideration of the acceptance by The Club at Westpoint of my entry in this regatta, I hereby agree as follows:
1. Risks: I understand and agree that sailing and yacht racing involve risks of injury, death and property damage from a variety of situations and causes that can change at any time without notice, including but not limited to water, wind and weather conditions, tides, currents, waves, immersion and drowning, equipment failure, interactions with other competitors and/or of vessels not involved in the regatta, as well as with aquatic life, rocks, docks, pilings and buoys and other potential hazards. I have freely and knowingly chosen to participate in this regatta despite these risks.
2. Racing Rules: I have read and familiarized myself with the Racing Rules of Sailing, as modified by the Notice of Race and Sailing Instructions (“Racing Rules”), and I agree to be bound by them and by any decision of the Protest Committee.
3. The decision to Race: I understand and agree that the responsibility for a boat’s decision to participate in a race or to continue racing is hers alone, and
at the sole risk of the boat, her skipper and crew (see Racing Rule 4).
4. Release of Liability: To the fullest extent permitted by law, I agree to release The Club at Westpoint and all other sponsor and host organizations, race committees, protest committees, judges, referees, arbitrators, officials, class associations and all other persons involved in organizing, operating, managing, promoting or sponsoring this regatta and related activities, and all of their officers, directors, agents, employees and members (“Organizing Authorities”), from any and all legal liability or responsibility for personal injury, death or property damage arising from or related to this regatta and any related activities, and I waive any right I might otherwise have to sue the Organizing Authorities for negligence and any other cause for which liability may be released under California law.
5. Assumption of Risk: To the fullest extent permitted by law, I agree to assume all risk of injury, death and property damage that may arise from participating in this event as respects the Organizing Authorities.
6. Liability of Competitors for Damages: This liability release and assumption of risk agreement is not intended to release liabilities, assume risks or otherwise modify the obligations of competitors under the Racing Rules. The responsibility of a competitor for damages arising from any violation of the Racing Rules shall be based on fault as determined by the Racing Rules, and shall not be governed by the legal doctrine of “assumption of risk.” Any decision of the Protest Committee as to fault shall be final and binding, but the Protest Committee will not adjudicate damages (see Racing Rule 68). This agreement is not intended to alter any agreements or obligations between vessel charterers and owners.
7. Safety: Skipper/owner represents that he/she has taken all reasonable steps to ensure that skipper, crew and boat are adequately prepared for all possible contingencies, including appropriate safety equipment and procedures as may be required by law, by the Racing Rules, class rules or that a prudent seaman would consider advisable.
8. Photos and Publicity: I hereby grant to The Club at Westpoint and its representatives and assigns an irrevocable and unrestricted right to use and publish race results and images of me and of my boat taken during or in connection with the event, and I agree that The Club at Westpoint owns all rights to them, and The Club and its representatives and assigns may use them for any purpose and in any form, in perpetuity, and without compensation.
9. Final Agreement: This document constitutes the final and entire agreement regarding my participation in this event and related activities; it is binding upon the heirs, successors, and assigns of all parties, and it supersedes any and all other documents or oral statements. If any part of this agreement is found to be invalid or unenforceable, the remainder shall be given full force and effect. This document shall be governed in all respects by the laws of the State of California, irrespective of any conflicts of laws, and is intended to provide for a broad and inclusive assumption of all risk and release of all liability to the greatest extent permitted by law, but it is not intended to assert any claims or defenses that are prohibited by law or by the Racing Rules.