Island Sailing requires all students, participants and operators to agree to the "Release and Indemnification Agreement". Please read this carefully and certainly contact us with any questions, concerns or if you want to discuss options to not signing this agreement.
*RELEASE KEPT ON FILE AT ISLAND SAILING*
ISLAND SAILING RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
Northwest Sailing Center Inc., (DBA Island Sailing, Island Sailing School and Island Sailing Club; collectively referred to as “Island Sailing”), is a business that trains participants in sailing skills and provides them with recreational sailing opportunities.
The Participant understands that sailing, sailing classes, rentals, charters, adventure vacations, competitions, club activities, other sailing activities and any use of Island Sailing vessels, facilities and equipment, including training and volunteering (collectively referred to as “Activities”) can be hazardous and that injuries are common when participating in Activities. Participant accepts and assumes the inherent risks associated with Activities, including, but not limited to, changing weather conditions, the forces of nature, changing water flow, submerged objects, exposure to the elements, falling into the water, loss of control, vessel stability, wet and slippery surfaces, tripping and falling, swinging booms, unexpected equipment failure, collision with objects and other vessels, exceeding one’s ability, and other risks commonly found in boating or wilderness travel. Participant understands that such Activities may result in injury or illness, including, but not limited to, bodily injury, strains, fractures, concussions, partial or total paralysis, drowning, death, or other ailments that could cause serious disability. Participant hereby freely and expressly assumes any and all risk of property damage, injury and death associated with Activities.
In consideration for accessing Island Sailing vessels, the participation in any Activities, operating Island Sailing vessels and the use of any other Island Sailing facilities or equipment, Participant hereby agrees to release, hold harmless and indemnify Island Sailing and its owners, partners, employees, directors, officers, agents, instructors, and affiliates (each considered one of the “Releasees” herein) from any and all claims for property damage, injury or death suffered by Participant or for which Participant may be liable to others. This Release and Indemnity Agreement applies to any and all claims arising directly or indirectly out of Participant’s participation in any Activities and/or Participant’s use of, or access to, Releasees vessels, facilities and equipment. This Release and Indemnity Agreement shall apply to all claims based upon negligence and any other theory of recovery, except claims based upon willful or intentional misconduct. Participant also agrees to RELEASE, hold harmless, and indemnify (including costs and attorney’s fees) Releasees from any and all claims brought on behalf of Participant’s guests (or others acting on their behalf). Participant understands that they have a choice not to participate in Activities.
Participant understands that if any legal action is brought, the substantive laws (of whichever jurisdiction an incident occurs) of Maritime Law, the State of Oregon, or the State of Washington shall apply. Participant agrees and understands that each party irrevocably waives its rights to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or Activities.
The Participant agrees to comply with State and Federal regulations, including US Navigation Rules (“Rules of the Road”) and any Island Sailing rules, conditions, signage and warnings. Participant understands that Island Sailing may, among other things, revoke any Activities privileges if Participant fails to do so.
Participant understands that holding Island Sailing (including staff, instructors and agents) harmless from any liabilities is required by Island Sailing’s insurer and insurance is required by moorages. Participant also understands that, instead of entering into this Agreement, Participant may discuss options with Island Sailing that may include purchasing insurance that satisfies moorage and insurance requirements.
If any part of this agreement is determined to be unenforceable for any reason or in any circumstance, it is intended that all other terms will be enforced in all other circumstances.
I, the Participant, have carefully read and understand this Agreement and all of its terms. I understand that I am assuming risks. I understand that this is a release and I am giving up substantial rights. I enter into this Agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns and representatives.