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| RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND COVENANT NOT TO SUE FOR PARTICIPATING IN DISC EVENTS
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, the Center for Disease Control, and other agencies, governments, and individuals. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and local governments, together with the Federal and State and local health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Dangerfield Island Sailing Club (“the Club”) has put in place certain preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that you, your crews (should local governing authorities stated above allows) and/or your household member(s) will not become infected with COVID-19. In the event you your crews or your household members contract COVID-19 at the Club or at an event sponsored by the Club, it is unclear whether liability insurance is available to the Club and its representatives. Accordingly, the Club is requiring the execution of this Release, Waiver, and Covenant as an absolute condition precedent to your participation in Tuesday Night KISS series races.
Participating in KISS race series and related DISC activities could increase your risk, your crews and you household members risk of contracting COVID-19. For purposes of this release, waiver, and covenant, you must assume that whatever being done to protect you and your crews will not be sufficient. If you, your household members and crews who are participating in the racing are not willing to assume the risk, release all claims, and promise not to sue, your vessel are not permitted to participate and no score will be issue to your vessel. Each of the participant is required to sign this waiver before starting to race.
By signing (manually or electronically) this agreement, I
1. acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I, my crews and related household members may be exposed to or infected by COVID-19 by participating in DISC KISS race series, and that such exposure or infection may result in personal injury, illness, permanent disability, death and transmission of the virus to third party with the same result. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, negligence, gross negligence, willfulness or intentional acts of myself, my crews and household members and others, including, but not limited to, Club officers, volunteers, and program participants and their families.
2. voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my crews, household members or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my crews and/or household members may experience or incur in connection with my crews and/or household members and my participation in KISS race series (“Claims”).
3. on my behalf, and on behalf of my crews and household
members, I hereby release, covenant not to sue, discharge, and hold harmless the Club, its officers, 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, negligence, gross negligence, willfulness, and intentional acts of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program.
4. hereby certify that my crews and/or household members and I are covered by health insurance.
I understand that I have no factual or legal basis to bring any action against the Club, its board of governors, officers, general manager, employees, volunteers of the Club, fellow members and non-members who may have been present or involved in any way.
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| By submitting this form, I am acknowledging that sailing and racing are inherently hazardous activities and I agree that I am participating at my own risk and with full knowledge that accidents can take place. To the fullest extent permitted by law, I hereby waive any rights I may have to file lawsuit against the race organizers (organizing authority, officers, race committee, protest committee, host clubs, sponsors, or any other organization or official) involved with the event with respect to personal injury, disease, or property damage suffered by myself as a result of our participation in this event and hereby release the race organizers from any liability for such injury, disease, or damage. |
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