Edgewood Sailing School - Summer Adult Responsibility Statement (an attachment to adult Registration Form)

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Student Responsibility Statement

In order to participate in the Edgewood Sailing School program, I consent to the following conditions:

  1. I must pass the swimming test given by the instructors.
  2. I will wear a Coast Guard approved life vest whenever I am on the docks or in the boats.
  3. I may have my sailing privileges revoked, without refund, if I fail to obey the instructors or to abide by the rules of the Edgewood Sailing School and the Edgewood Yacht Club.
  4. I also agree to follow the Edgewood Sailing School policy, “ALCOHOL AND WATER DON’T MIX” which prohibits operating a vessel under the influence of alcohol or under the influence of a controlled or illegal substance. No use of alcohol or appearing to be under the influence of a controlled or illegal substance prior to or during any ESS session or while operating or otherwise on board any ESS boat is permitted under any circumstances. No one who appears intoxicated or under the influence of a controlled or illegal substance will be allowed on board any ESS vessel at any time.

  5. I agree to the following Waiver and Release:

    WAIVER AND RELEASE

    This document relates to participation by students in Edgewood Sailing School (“ESS”) programs and activities, including without limitation instruction and other guidance provided by ESS and its instructors and other representatives, whether at facilities owned by Edgewood Yacht Club, Inc. (“EYC”) or otherwise, and whether on land, on docks, in the water, or on or in connection with vessels owned by Edgewood Parties (defined below), on any Student Vessels (defined below), or on or in connection with any other vessels, vehicles, property, or equipment (collectively, the “Edgewood Activities”).

    THIS WAIVER AND RELEASE IS INTENDED TO RELEASE AND DISCHARGE EACH OF THE EDGEWOOD PARTIES (DEFINED BELOW) FROM ANY AND ALL LIABILITY, RESPONSIBILITY, AND OBLIGATION IN ANY WAY ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE STUDENT’S PARTICIPATION IN EDGEWOOD ACTIVITIES, EVEN IF THAT LIABILITY, RESPONSIBILITY, OR OBLIGATION ARISES OUT OF NEGLIGENCE OR OTHER ACT, OMISSION, OR FAILURE OF, BY, OR ON THE PART OF ANY EDGEWOOD PARTY OR OUT OF ANY DEFECT IN ANY PROPERTY OR FACILITY OF ANY OF THE EDGEWOOD PARTIES.

    1. Waiver, Release, and Indemnification. By signing below, the Student (and/or his or her parent or authorized guardian, as applicable), on his or her own behalf and on behalf of all of his or her executors, heirs, administrators, conservators, parents, next-of-kin, and estate, and their respective representatives, successors, and assigns (the Student and such other parties collectively, the “Student Parties”), acknowledges and agrees as follows:

      1. that boating is an activity that has an inherent risk of damage and injury to person and property associated with it, and that such damage and injury or the nature, scope, and extent thereof may not be known, foreseeable, or avoidable, and may arise from natural causes such as wind, rain and extreme weather conditions, may arise due to the actions of other boaters or sailors, may result from equipment failure or from defects in the condition of the marina from which sailing activities take place and may also result from mistakes made by others,
      2. that the Student is participating in Edgewood Activities at his or her own risk,
      3. that neither ESS nor any of its instructors, employees, agents, representatives, volunteers, students, officials, officers, or directors, nor EYC nor any of its employees, agents, representatives, members, volunteers, officials, officers, or governors (collectively the “Edgewood Parties”) is or will be liable, responsible, or obligated for any claims, demands, suits, actions, costs, expenses, losses, injuries, disability, death, or damages to any of the Student Parties, or to any other person, or for any claims, demands, suits, actions, costs, expenses, losses, or damages to any vessel (including any Student Vessel, as defined below) or to any real or personal property, in each case in any way arising out of, relating to, or connected with (i) the Student’s participation (and to any Student Vessel’s participation) in the Edgewood Activities or (ii) any other use or occupancy of any of the premises, facilities, properties, or equipment of any of the Edgewood Parties by the Student or any Student Vessel, in each case even if the claims, demands, suits, actions, costs, expenses, losses, injuries, disability, death, or damages are caused in whole or in any part by any of the Edgewood Parties or by a defect in any of the premises, facilities, properties, or equipment of the Edgewood Parties (collectively, the “Potential Claims”),
      4. that the Student and the Student Parties waive, release, and discharge all Potential Claims and will indemnify and defend the Edgewood Parties and hold them harmless from all Potential Claims, and
      5. that the Student and the Student Parties waive and release any right of subrogation that any insurer of the Student Parties or of any Student Vessel may have against any of the Edgewood Parties on account of Potential Claims or any payment or satisfaction by such insurer of Potential Claims.
    2. Student Vessels.1 By signing below, if at any time the Student brings to ESS or EYC or uses in any Edgewood Activities any vessel not owned by ESS (a “Student Vessel”), the Student (and/or his or her parent or authorized guardian, as applicable) represents and warrants that (a) he or she has all liability and casualty insurance for the Student and for the Student Vessel that any Student Parties may find necessary and appropriate, and that the Student Parties do not intend to rely on any of the Edgewood Parties to provide or maintain any insurance coverage, and that none of the Student Parties shall make any claim, and hereby waive any claim, against any Edgewood Parties and against any insurers of or insurance policies held by any of the Edgewood Parties, in connection with any loss or damage to, by, or in connection with the Student Vessel, whether or not any of the Edgewood Parties are in command or control of, or otherwise participating in or supervising or instructing the operation of, the Student Vessel, and (b) that he or she has taken all necessary steps to ensure that himself or herself, his or her crew and passengers, and the Student Vessel are adequately prepared for all possible contingencies, including appropriate safety equipment as may be required by law or that a prudent seaman would consider advisable.

    1 The reference to Student Vessels in this document does not provide any student or other person with any right or privilege to use or store any vessel at EYC premises, and any permission for such use or storage may be granted or denied, and the terms and conditions of any permission shall be determined, in the sole and absolute discretion of EYC. Any Student Vessel shall be subject to the terms of this document whether or not the details of such vessel are provided on the specified lines of this document.

  6. I hereby authorize the Edgewood Sailing School to arrange for any medical treatment that may be deemed advisable should an emergency arise. It is understood that a conscientious effort will be made to contact the above-mentioned student’s parents or emergency contact person at the phone number listed above and/or in the Registration Form, before any medical action is taken.

Photo Permission (optional)

☐ I hereby give permission to Edgewood Sailing School to use my photographic likeness in lawful digital and print media publication, including at http://www.edgewoodsailing.org/ and on the Facebook page for the Edgewood Sailing School.

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