Under 18 Wavier and Indemity Form
UNDER 18 PARTICIPANT WAIVER AND RELEASE OF LIABILITY (PLEASE READ CAREFULLY BEFORE SIGNING)
In consideration of being allowed to participate in any way in the sailing programs, sailing classes, and any related events and activities, or being permitted to rent, operate or utilize any boat or equipment (together the “Events”), hosted, organised or owned by U SAIL BERMUDA, a local company incorporated under the laws of the Islands of Bermuda (“U Sail”), the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from the activities involved in the Events is significant, including the potential for permanent paralysis and death, and while particular rules, safety precautions and equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation; and,
3) I understand that U Sail does not insure participants in the above-described Events, that any coverage would be through personal insurance, and that U Sail has and no responsibility or liability for any injury resulting from the Events.
4) I willingly agree to comply with the stated and customary terms and conditions for participation in the Events. If, however, I observe any unusual significant hazard during my presence or participation in the Events, I will remove myself from participation and bring such to the attention of the nearest U Sail official or instructor immediately; and,
5) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS U Sail and any and all of its directors, officers, officials, committee members, agents, and/or employees, other participants, and if applicable, owners and lessors of premises used to conduct the Events (together the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
6) I agree that if any portion of this document is held to be invalid, the remainder will continue in full legal force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
This is to certify that I, as Parent/ GuardianParentGuardian with legal responsibility for , do consent and agree to his/herhisher release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in the Events as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
Parent and/or Guardians Full Name: DATE :
Next of Kin Information:
Relationship to Person:
I am aware that sailing is a physical activity and can be strenuous. I declare that to the best of my knowledge I am not suffering from any health condition that causes me to be unfit for sailing, and that I am fit to rent a boat or participate in any instructional sailing course. In an emergency situation which happens inside the base of U Sail Bermuda or during a staffed sailing course, I give permission to qualified first aid U Sail Bermuda staff and volunteers to administer any First Aid treatment or medication, to call the emergency services and give my full permission for any treatment required to be carried out in accordance with the medical staff diagnosis. Please note that U Sail Bermuda management, instructor staff or volunteers which are qualified with a RYA First Aid Certificate or equivalent are not responsible for anything that occurs at any time and therefore cannot be made liable.
Participants Under the age of 18 will be expected to wear a buoyancy aid of at least 50N to be worn while afloat. Helmets are available and must be used by anyone under 16 and recommend to all.
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Document Name: Under 18 Wavier and Indemity Form
Agree & Sign