Participants, Parents, and Guardians hereby consent to participation in any and all events sponsored by Thousand Island Park Yacht Club, Inc. (TIPYC) or held at TIPYC property and do hereby waive any and all claims for personal injury or property damage, as well as any derivative claims, against TIPYC and its staff, volunteers, board members, trustees, representatives, and agents.

PARTICIPANTS, PARENTS, AND GUARDIANS HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH TIPYC INCLUDING BUT NOT LIMITED TO SAILING PROGRAM, VOLUNTEER ACTIVITIES, RACING AND SOCIAL EVENTS, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons, or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. Understanding the risk, Participant is permitted to participate in all such activities.

Participants, Parents, and Guardians acknowledge that the Participant must pass a sailing proficiency test and ONLY then may he/she sign out a TIPYC sailboat during specified times. Individual sailboat usage requires preregistration and completion of a detailed float plan with TIPYC staff.

Participants, Parents, and Guardians certify that the Participant is physically fit, is physically and mentally capable of participation in this activity, has sufficiently prepared or trained for participation in this activity, and has not been advised to not participate by a qualified medical professional. Participants, Parents, and Guardians certify that there are no health-related reasons or problems which preclude the Participant’s participation in this activity. Participants, Parents, and Guardians further certify that if they have any doubts whatsoever about the Participant’s ability to safely participate, they will consult with their own health care provider, at their expense, and Participant will refrain from participating, or Participant will participate solely to the limited extent recommend by their health care provider.

Participants, Parents, and Guardians acknowledge that this Accident Waiver and Release of Liability Form will be used by TIPYC and its employees, directors, trustees, officers, employees, volunteers, representatives, agents, sponsors, and organizers of the activity in which the Participant may participate, and that it will govern his/her actions and responsibilities at said activity.

In consideration of the application and permitting Participant to participate in this activity, Participants, Parents, and Guardians hereby take action for Guardian, the Participant, and each’s executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) Participants, Parents, and Guardians hereby freely and voluntarily waive, release, and discharge from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for Participant’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to the Participant including travel to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The TIPYC and/or its directors, trustees, officers, employees, volunteers, representatives, and agents, and the sponsor of the activity, as well as those individuals running or holding the event and those volunteering at the event;

(B) Participants, Parents, and Guardians recognize the inherent danger in water sports in general and sailing in particular and assume the risks and hazards associated with all of the activities conducted by staff or participants of TIPYC, as well as the condition of any equipment or premises under the control of the TIPYC. Participants, Parents, and Guardians hereby waive any and all claims for personal injury, property damage, loss of consortium, as well as any derivative claims against TIPYC including its directors, trustees, officers, employees, representatives, and agents arising out of the Participant’s participation that the Participant, Guardian, Guardian’s spouse, dependents, heirs or beneficiaries may have or acquire against TIPYC. Participants, Parents, and Guardians recognize and understand that Participant may suffer or otherwise incur physical injury and /or experience impairment of the Participant’s health and/or exacerbate an existing health or medical condition through voluntary participation in TIPYC events and/or use of TIPY property. Participants, Parents, and Guardians understand that such injuries and/or impairments to Participant’s health could be both serious and substantial and could even result in permanent incapacitation or death.

(C) Participants, Parents, and Guardians indemnify, Defend, Hold Harmless, and Promise not to Sue the entities or persons mentioned in this Agreement from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

(D) Participants, Parents, and Guardians pledge the Participant will not knowingly misuse TIPYC property or damage such property. Participants, Parents, and Guardians further pledge and agree that if Participant discovers that an item of TIPYC property is damaged or malfunctioning, Participant will immediately discontinue use and promptly report malfunction or damage to the TIPYC directors, trustees, officers, employees, volunteers, representatives, or agents.

Participants, Parents, and Guardians acknowledge that TIPYC and its directors, trustees, officers, employees, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any third party or entity conducting a specific activity on their behalf.

Participants, Parents, and Guardians acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

Participants, Parents, and Guardians pledge and agree that if at any time during participation the Participant experiences any symptoms, conditions or injuries whatsoever that cause us to be concerned for the Participant’s health or wellbeing, Participant will immediately discontinue participation and immediately seek emergency medical care if warranted under the circumstances.

Participants, Parents, and Guardians understand while participating in this activity, the Participant may be photographed. Participants, Parents, and Guardians agree to allow the Participant’s photo, video, or film likeness to be used for any legitimate purpose by the TIPYC, including but not limited on its website and social media, as well as the activity holders, producers, sponsors, organizers, and assigns.

Participants, Parents, and Guardians understand that Participant is under no obligation to participate, and Participant is free to stop participation at any time. Participants, Parents, and Guardians further understand that they may rescind this Release at anytime by demanding that the original be returned, whereupon Participant will be prohibited from participating until and unless a new Release is completed in the manner required by TIPYC.

The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

Participants, Parents, and Guardians are 100% liable for all medical expenses incurred as a result of any injury or property damage during the Participant’s participation in TIPYC activities.

PARTICIPANTS, PARENTS, AND GUARDIANS CERTIFY THAT THEY HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENT. PARTICIPANTS, PARENTS, AND GUARDIANS ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND ACKNOWLEDGE ACCEPTANCE OF IT OF THEIR OWN FREE WILL.
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IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER TIPYC FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH TIPYC, THE PARTICIPANTS HEREBY AGREE TO THE FOLLOWING:

THE PARTICIPANTS HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS TIPYC, its directors, officers, employees, volunteers and agents from any loss, liability, damages or costs which they may incur, related to any cause whatsoever while the Participants or the participating child is in, upon, or about the TIPYC premises, facilities or equipment or participating in any program affiliated with TIPYC. The Participants understand and agree that TIPYC is not required to provide insurance to cover the Participants or such participating child in the event they suffer illness, injury, death, property loss, theft or damage of any sort, upon or about the premises or any facilities or equipment therein or participating in any program affiliated with TIPYC. Any insurance of the Participants shall be primary;

The Participants on his or her own behalf, and on behalf of such participating child, agree and acknowledge that use of TIPYC facilities and services, and participation in TIPYC programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE PARTICIPANTS ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILD HEREBY ASSUMES FULL RESPONSIBILITY FOR ALL RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the Participants or such participating child; and

THE PARTICIPANTS further expressly agree that the foregoing ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance of the Agreement shall, notwithstanding, continue in full legal force and effect.

THE PARTICIPANTS HAVE CAREFULLY READ AND VOLUNTARILY AGREE TO THIS ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

PARTICIPANTS UNDERSTAND THAT THIS AGREEMENT MAY BE ON BEHALF OF A MINOR. 

Parents/Guardians agree and understand that all electronic signatures are the legal equivalent of its original manual/handwritten signature and  consent to be legally bound to this agreement.