BLUEWATER SAILING

REGISTRATION, WAIVER, ASSUMPTION OF RISK AND RELEASE OF LIABILITY

(Signed By All Individuals or Parents / Guardians for persons under the age of 18)

(Fields with * are required.)

First Name *
Last Name *  
Email  *  
Street Address *  
City *  
State *  
Zip *  
Phone (Cell) *  
Phone (Home)  
Phone (Work)  
Name of Group of Group Leader
Physical Problems?
(I assume all risk associated with any physical problems.)

Activity *
 
Interested in classes? 
 
IN CASE OF EMERGENCY - PLEASE NOTIFY:
Name *  
Phone *  
Relationship *  
Address  

WHEREAS:

  1. Sailing can be thoroughly enjoyable experience, it also has the potential for serious risks, including but not limited to; dismemberment or death, serious/severe bodily injury which may include permanent disabilities and/or loss of or damage to personal property. Risk may be present during the activity itself or during travel to and from Bluewater's locations. I hereby acknowledge that sailing and associated activities are hazardous and that I am voluntarily participating in these activities with full knowledge and acceptance of the danger involved, including that fact that certain risks are inherent and cannot be eliminated without destroying the unique character of this activity.
  2. The Party whose name appears above and signature below recognizes, understands and accepts that, Easy To Sail, LLC dba Bluewater Sailing Enterprise (hereinafter BWS) or Releasees as defined below are not professional travel agents, licensed, inspected vessel operators as defined by law, government licensed instructors or vessel surveyors; and do not have full or complete control over many issues which may affect the enjoyment, utility, merchantability or execution of the services provided or trip undergone, including but not limited to the:
    1. quality, timeliness, usefulness or complete safety of the goods and/or services being provided by ourselves or third parties;
    2. weather, natural forces or disasters, water damage, sea sickness, muscle soreness equipment failure, war, riot, crime, or acts of God.
  3. The Party is informed and hereby acknowledge that this type of training or voyage is dangerous and in fact on similar voyages persons have lost their lives and/or have been severely injured. Some of the perils to which the Party is subject to and accepts, includes but is not limited to:
    1. The vessel sinking due to misuse or malfunctioning of equipment, storms, fire, or striking objects or marine life in the water.
    2. Falling or tripping on board or being struck by objects such as the boom, shackles, sheets / halyards or other equipment.
    3. Illness due to motion/sea sickness, injury, food poisoning, contaminated drinking water, infection, wounds inflicted by marine life, burns or personal physical problems, muscle soreness or sun exposure • Fatality or injury due to sea exposure, falling overboard or drowning.
    4. Injury, illness, permanent trauma, disability, or fatality resulting from failure to follow safety precautions, inattentiveness or my negligence.
  4. Party expressly acknowledges and assumes the risk that medical aid is not readily available or accessible and not all risks may be described.

THEREFORE, THE UNDERSIGNED PARTY HEREBY PLEDGES AND AGREES: NOW, THEREFORE, in consideration of the mutual agreements contained herein and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Party individually and collectively hereby agrees as follows:

  1. In consideration of being permitted to participate in any way in the activities being offered, I, being of lawful age, on behalf of myself, my personal representatives, assigns, heirs and next of kin release, waive any claim against, discharge and covenant not to sue BWS or their owners, officers, directors, employees, teachers, American Sailing Association, servants, agents, representatives, Skippers/Captains, contractors or any owner of any boat used by themselves, heirs, administrators and executors (hereinafter collectively referred to as the 'Releasees") and agree to hold harmless and to not hold liable any of the above named Releasees for any and all claims, damages, expenses, alleged loss or injury, including but not limited to bodily or personal injuries, known or unknown, incidental or consequential damages, death or property damage resulting or arising from any accident, injury or event which may occur while participating in any program conducted by the Releasees whether caused solely or in part by the negligence, gross negligence and / or intentional or unintentional conduct of the Releasees. I hereby assume full responsibility for and risk of bodily injury, death or property damage due to any negligence of Releasees or otherwise while participating in activities conducted by the Releasees or associated named parties or where I am present on or near their premises. I specifically release and hold harmless the Releasees and any third parties for any and all acts, action, inaction or any other foreseen or unforeseen events which may interfere with the completion or enjoyment of this instruction, sailing, boating or charter experience, including but not limited to: a) acts of commission or omission which may give rise to legal recourse, including but not limited to lawsuits and arbitration; b) weather, natural forces, natural disasters, equipment failure, war, riot, crime or acts of God. Party agrees that any claims he/she may have against BWS or Releasees arising out of or relating to this contract shall exclusively be settled by binding arbitration with a panel of three (3) arbitrators, all of whom are skilled in dispute resolution regarding personal injury in boat/vessel related claims. All of said arbitrators shall practice in Los Angeles, CA. Venue for said arbitration shall be Los Angeles, CA. One of the arbitrators shall be selected by the Party, one by BWS and the third by the two arbitrators already selected. Any potential award shall be the final determination of all claims that the Party may have against BWS and the Party waives any and all other remedies including but not limited to any appeals of the decision of the arbitrators. The Party will be responsible for paying any and all costs associated with the binding arbitration including but not limited to paying the arbitrators hourly fees as well as paying fees and costs for any attorneys hired by the Party and by BWS for representation in connection with the arbitration.
  2. If a representative of Releasees is aboard my boat or BWS boat, they are acting solely as my agent.
  3. I do hereby agree to accept any all risks, and dangers of serious bodily injury, including permanent disability, paralysis and death. I assume all of the risk entailed in this voyage and the vessel's preparation & operation including the risk of death, illness or injury as the result of the negligence of another Party or Parties or Releasees (including Owner or Master/Skipper/Captain) or my physical problems, my actions and inactions, or other risks and social and economic losses either not known to me or not readily foreseeable at this time, and do hereby release and discharge all the other Parties and Releasees hereto from all claims, demands, losses, causes of action, suits of any and every kind arising out of or in connection with my participation in this voyage, because of personal injury, accident, illness, or death or because of any loss of or damage to property that occurs to me during this training or voyage. I agree not to make a claim against, sue attach the property of or prosecute any of the Releasees.
  4. I agree to hold harmless, defend, and to indemnify each and every other Party, Releasee or Owner hereto from any and all liability resulting from or in any manner arising out of any action, inaction or negligence during the voyage.
  5. I am aware of & understand & fully accept that there certain inherent risks involved in the sport of sailing. I am voluntarily participating in these activities & hereby agree to accept and assume any and all risk, including but not limited to property damage, personal injury or death. I also acknowledge, realize & fully and voluntarily accept: a) there is an element of risk in any form of boating and that sailing is a relatively hazardous sport that has certain inherent dangers & risks of life, limb & property which I willing & voluntarily undergo at my own risk & responsibility; and b) the potential risks & dangers associated with this boating charter experience and that there is a chance of an accident occurring. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation.
  6. I acknowledge and am aware that Releasees are not to be held responsible for any losses sustained; including but not limited to injury or losses arising from any assistance or services Releasees provide or render to me or for my benefit. I further release Releasees from any claim whatsoever on account of first aid, treatment or lack thereof or of any other services rendered by them.
  7. I agree to indemnity the Releasees from any loss, liability, damage or cost they may incur due to my participation whether caused solely or in part by the potential negligence, gross negligence, intentional or unintentional conduct of the Releasees. This full indemnification and release includes but is not limited to agreeing to pay all legal expenses of Releasees with defending (either successfully or unsuccessfully) against any legal actions brought by the undersigned, their heirs or their representative associated with this instruction, charter or sailing experience.
  8. I will prevent and / or preclude any third parties from bringing any legal action against Releasees due to events which affected or may have affected the undersigned associated with this instruction, charter, boating or sailing experience.
  9. I will hold harmless Releasees, and any third party providers of goods or services to the same level of legal protection inherent in written agreements signed by the undersigned or signed by Releasees or on behalf of the people undergoing this bareboat experience.
  10. The undersigned, for and in consideration ofthe granting of permission by Releasees and for the undersigned to participate in this activity hereby holds harmless, and releases and forever discharges Releasees, in their individual or collective capacities or by reason of their relationship to any organization and their successors, from any and all claims and demands whatsoever which the undersigned, and any of them, or any third persons, and representatives thereof, or any persons acting on their behalf have or may have against Releasees, their heirs or representatives by reason of any accident, illness, injury to or death of any person or persons, or damage to or loss or destruction of any property arising or resulting directly or indirectly for participation in the aforementioned program occurring during said participation or preparation or any subsequent thereto.
  11. I expressly agree that this release, waiver and indemnity Agreement is intended to be as broad and inclusive as permitted by law and if any portion of this Agreement is held invalid, it is agreed that the balance shall notwithstanding continue in full legal force and effect.
  12. I certify that I am in good health and proper physical condition for participation in sailing and have no medical problems, condition or pre-disposition that might result in injury to myself or others. I further certify that I am able to swim or will utilize proper flotation devices in and around the water.
  13. This release contains the entire Agreement between the Parties to this Agreement. Terms of this release are contractual & not a mere recital.
  14. I understand there may be film, audiotape, videotapes, digital images and/or photographic stills (hereinafter collectively referred to as "Images") taken of me. I hereby assign and authorize Easy To Sail, LLC dba Bluewater Sailing Enterprise, the right (all rights) in and to such Images. I also authorize BWS, without limitation, the right to reproduce, copy, edit, exhibit, publish, license or distribute any such Images and expressly waive any rights or claim I may have against BWS and/or any of it's affiliates, subsidiaries, or assignees except as specifically outlined in this contract. I do hereby irrevocably consent to and authorize the use and reproduction by BWS or anyone authorized by them of any and all Images taken of me in all forms and media and for any purpose whatsoever without further consideration.
  15. I hereby affirm and warrant that I am over eighteen years of age and am competent to contract in my own name, insofar as the above is concerned. For persons under the age of 18, the signature below is of a parent or legal guardian who authorize their participation in such contemplated activity and explicitly agree, on their behalf, to the conditions in this Agreement. I have read the foregoing release agreement and warrant that I fully understand and accept the contents thereof. Pledged and agreed on the date signed below with the Agreement having no expiration date, specifically lasting until at least 24 hours after the statue of limitations has expired for any and all possible legal, administrative or procedural recourse.

(Parent or Guardian Also Sign If Individual is Under Age 18)

  1. I agree to fully abide by all BWS policies including but not limited to Deposit, Cancellation, Bad Weather Policies or Harassment.
  2. I further state that I have carefully read this waiver & release Agreement, fully know, understand and accept the contents of this document release Agreement & sign this waiver release of my own free will & free act. I assume & accept full responsibility for myself, including all minor children in my care, custody & control, for all inherent risks, including all dangers not specified.
  3. I voluntarily sign this waiver Agreement for the purpose of assuming all risk of injury or loss to my person or property and any and all dangers associated with or incidental to this activity. I, my heirs, guardians, representatives and assigns fully and completely release, discharge, indemnify and hold harmless the Releasees and do hereby expressly assume any and all risks.

 

MINOR RELEASE - PLEASE COMPLETE IF MINOR(S) WILL BE ATTENDING

AND I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF SAILING ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE'S FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.

First & Last Name of Minor #1  
First & Last Name of Minor #2  
First & Last Name of Minor #3  
First & Last Name of Minor #4  

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization.

COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Bluewater Sailing (BWS) has put in place preventative measures to reduce the spread of COVID-19; however, BWS cannot guarantee that you will not become infected with COVID-19. Further, utilizing BWS equipment could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending BWS and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

I understand that the risk of becoming exposed to or infected by COVID-19 at BWS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BWS employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at BWS or participation in BWS programs (“Claims”).

On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless BWS, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of BWS, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BWS program.

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Signature Certificate
Document name: Registration, Waiver, Assumption of Risk and Release of Liability
lock iconUnique Document ID: bc1f1caa533d59949bba8ba10c60e8350a83831b
Timestamp Audit
December 9, 2021 7:05 pm PDTRegistration, Waiver, Assumption of Risk and Release of Liability Uploaded by Bluewater Sailing - contracts@bluewatersailing.com IP 73.221.54.21