Accident Waiver and Release of Liability Agreement *
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 members or members of the Board of Trustees.
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 SCHOOL, 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 with TIPYC teaching staff (by phone or in person) and completion of a detailed float plan.
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 trustees, employees, 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 Thousand Island Park Yacht Club, Inc. (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 officers, employees, trustees, 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 paragraph 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, officers, 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 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.
ADDITIONAL ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT DUE TO COVID-19 PANDEMIC EMERGENCY
IN CONSIDERATION for being permitted to utilize the services and programs of the Thousand Island Park Yacht Club, Inc. ("TIPYC") and/or for my child to participate in any program affiliated with TIPYC and/or to use the facilities or equipment of TIPYC, the parent/guardian, on behalf of himself or herself and the participating child, as well as any personal representatives, heirs, and/or next of kin (hereinafter collectively referred to as the “Participants") hereby acknowledges, agrees and represents that he or she has had an opportunity to inspect and has carefully considered such premises, equipment and facilities and/or the affiliated programs and that the Participants finds and accepts same as being reasonably safe and suited for the use or participation by the Participants and such participating child.
In addition, the Participants acknowledges that novel coronavirus (“COVID-19") infections have been confirmed throughout the United States, including the State of New York and more specifically, Jefferson County, New York. The Participants hereby agree, represent, and warrant that neither the Participants nor such participating child shall visit or utilize the facilities, services, and programs of TIPYC within a 14-day period following (i) exposure to any person who has a suspected or confirmed case of COVID-19, (ii) experiencing any symptoms of COVID-19, including without limitation, fever, cough or shortness of breath, or (iv) a suspected or diagnosed/confirmed case of COVID-19 in the family or household of the Participants or the participating child.
The Participants agree to notify the TIPYC immediately if he or she believes that any of the foregoing access/use restrictions may apply at any time during or following the Participants or participating child’s visitation to or use of the facilities or equipment, or participation in TIPYC programs or services.
TIPYC has taken steps to implement recommended guidance and protocols issued by the CDC and NYSDOH for slowing the transmission of COVID-19, including without limitation, the access/use restrictions set forth above. The Participants acknowledge and agree that TIPYC may revise its procedures at any time based upon and in accordance with updated recommended guidance and protocols issued by the CDC and NYSDOH and further agree at all times to comply with TIPYC's procedures prior to utilizing the facilities, services, and programs of TIPYC. The Participants further acknowledge and agree that, due to the nature of the facilities, services, and programs offered by TIPYC, social distancing of 6 feet per person among other program participants and program instructors in such an environment may not always be possible. The Participants acknowledge and accept on behalf of themselves and the participating child the known and potential risks of utilizing the facilities, services, and programs of TIPYC and acknowledge that use thereof by the Participants and/or such participating child may, despite TIPYC's reasonable efforts to mitigate such risks, result in exposure to COVID-19 and all risks attendant to such exposure including, but not limited to, becoming subject to quarantine requirements, serious illness, disability, and/or death.
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, KNOWINGLY AND VOLUNTARILY ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILD, FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE TIPYC, its directors, officers, employees, volunteers and/or agents for any costs, losses or damages, or to make any claims or demands on account of any property damage, or injury, including but not limited to illness or death of the Participants or such participating child (or any person who may contract COVID-19 directly or indirectly, from the Participants or such participating child) whether caused by the negligence of TIPYC or otherwise, resulting from the Participants or such participating child using the premises, facilities or equipment of TIPYC or participating in any program offered by TIPYC;
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.