All persons who have or will participate in, attend, and/or be educated by (hereinafter “Guests”) The Sailing Serenity, LLC, are required to review and sign this acknowledgement of participation and waiver of liability; failure to sign will result in The Sailing Serenity, LLC’s refusing to allow the non-compliant Guest to participate and/or attend in sailing activities.  By signing the attached signature page, the Guests will acknowledge that he/she has reviewed this document, and that he/she agrees to waive, hold harmless, and defend The Sailing Serenity, LLC, its employees, officers, board, agents, representatives, and management (hereinafter collectively known as "OBS") for any and all liability as described below. Guests, by or through their individual purchase, have been registered for one or more OBS sailing program(s) or services performed by OBS. For and in consideration of the privilege of participating, acquiring, and benefiting from the Services of OBS, the undersigned Guests, for himself/herself, his/her personal representative, heirs, assigns, and next of kin, acknowledge and agree to the following:

 

1. Guests hereby acknowledge and agree that OBS’s Services are solely recreational and or educational, and that OBS has no control over the situations and occurrences in which the Guests utilize, exercise, experience or implement such recreation and or educational Services. As such, OBS is not responsible, liable, or accountable for any injuries, damages, deaths, illnesses, or other losses that may occur to Guests regardless of his/her participation in, attendance, or education from the OBS Services.

2. Guests hereby release, waive, discharge, and covenant not to sue OBS, for any and all loss or damages related to OBS’s performance of Services, and any claims or demands therefore, on account of accident, injury, illness, death, or harm of any type arising out of or are related to any Services, and/or the undersigned(s) use, misuse, or non-use of said Services; this release, waiver, discharge, and covenant not to sue includes, but is not limited to, any negligence of OBS in relation to any Services.

3. If a lawsuit, arbitration, or other legally binding action, is brought by or on behalf of a Guest against OBS regarding injuries or damages which this document is designed to protect OBS against, then the non-prevailing party in said action shall be responsible for OBS’s reasonable attorney fees and costs.

4. I acknowledge that the sport and recreation of sailing has certain inherent risks, and I understand that safety is at all times my first responsibility when participating in OBS activities. I agree to comply fully with OBS regulations, and all customs, procedures, and rules of OBS. I affirm that I am in satisfactory physical condition concerning OBS activities to be engaged in by me, and I have either secured, or chosen not to secure, appropriate medical and personal injury and property damage insurance coverage for these activities. I hereby certify, attest and warrant that I possess the ability to swim seventy-five (75) yards in open water, in full clothing including footwear, without a lifejacket. I also attest that I possess the ability to tread water in a stationary position (without swimming) without a lifejacket for a period of five (5) minutes without help or assistance of any kind. I agree to wear a US Coast Guard-approved lifejacket while participating in any OBS activity if the above statements are not true with regards to swimming and or treading water.

5. I hereby assign and grant to OBS the right and permission to use, store, reproduce, and publish photographs, film, video tapes, sound recordings, and/or printed or electronic representations that show my image, voice, and/or likeness thereof, and I hereby release OBS from any and all liability from such use and publication. I hereby authorize the reproduction, copyright, exhibit, broadcast, publishing, electronic storage and/or distribution of said photographs, film, video tapes, and sound recordings and/or other representations of said materials without limitation at the discretion of OBS. I specifically waive any right to compensation I may have for any of the foregoing.

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I/WE HAVE READ THIS DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, DURESS, OR MISREPRESENTATION OF FACTS BEING MADE TO ME/US AND INTEND MY/OUR SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.