Island Yacht Club (“IYC”) Small Boat Program (“SBP”) Participants, including prospective members, must sign the following liability waiver agreement prior to sailing on any boat that is part of the IYC SBP:
- I am aware that my participation in the IYC SBP, and activities on and around boats can be physically demanding and involves certain risks and dangers including potential risk to my person (or my child’s person) and/or property. I acknowledge and assume these risks and wish to participate in the SBP. I assume full responsibility for my (or my child’s) actions. Should injury or loss occur, I agree to indemnify and hold harmless IYC, facility owners, the SBP Manager and the IYC Board of Governors for any and all liabilities.
- I will comply with all safety procedures and instructions including, but not limited to, using any and all USCG safety equipment and wearing a personal floatation device at all times while on the water. I will provide my own sailing gear.
- I release IYC and its members, volunteers, sponsors, agents, or committee personnel from any and all liability for any injury to me (or my child) arising out of my participation in the SMP and all social events connected therewith, whether such loss is due to property damage, personal injury or loss of life, even if such loss or injury is due to the negligence of any party so released.
- I assume all risk of accident, loss of property and personal injury or loss of life arising out of my participation in this event and use of club facilities, due to failure or breakage of any boat sailed on or any of its equipment and/or weather or sea condition. I hereby assert that my participation is voluntary and that I knowingly assume all risks.
- I agree to indemnify and hold harmless IYC, its trustees, directors, officers, employees and agents from any and all claims, actions, suits, costs, expenses, damages and liabilities (including attorney’s fees and costs) as a result of this use of premises or property.
- The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- I hereby grant IYC permission to reproduce my name, likeness, or photographic image in promotional material. I hereby further waive and release IYC from any claim or liability, and acknowledge that I will receive no remuneration from IYC related to this waiver and release.
- I have read this waiver of liability, assumption of risk, and indemnification and hold harmless agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.