The undersigned, being the parent(s) or legal guardian(s) (hereafter referred to in the singular) of______ (herein referred as to the “Child”), request that my child be allowed to participate in any and all sailing and related activities (referred to as the “Activities”) provided by the Bow Mar Yacht Club Junior Sailing Club (the “Club”) that are conducted on the property and in or on the facilities owned and/or operated by Bow-Mar Owners, Inc., a Colorado not for profit corporation (“BMOI”) and the Bow Mar Yacht Club (the “Yacht Club”).
This Liability Waiver (“Agreement”) is effective from the date of my signature below and shall remain in effect until the earlier of (1) the Club and BMOI receive written notice of cancellation of my consent for my Child to participate in the Activities or (2) until the seasonal end of the Activities. In consideration of the Club allowing my Child to participate in the Activities and to use the facilities and property of the Yacht Club and BMOI, and by my signature below, I hereby acknowledge and agree to the following and warrant the truth of the following facts:
1. I am familiar with the programs included in the Activities, and I understand that the officers, directors, employees, and representatives of the Club, the Yacht Club and BMOI are available to discuss the Activities if I should wish additional information.
2. I understand I am solely responsible for the arrival and departure of my Child at the beginning and the end of each day’s program. I will not allow my child to remain on the property of the Yacht Club after the conclusion of the day’s program.
3. I agree that the Club, BMOI, and the Yacht Club have no responsibility for the supervision of my Child at times other than during my Child’s participation in the Activities.
4. I have informed my Child that my Child is expected to follow all directions, whether written or verbal, of my Child’s instructors and act in a manner consistent with the spirit of good sportsmanship and respect for the rights of other participants and instructors.
5. My child is in good health, and I know of no reason why my Child would be incapable of safely participating in the Activities.
6. If my Child is 6-8 years old, I understand it is not required to pass the “Buddy Test” provided by the lifeguards at the Bow Mar Beach, however my Child is required to wear a life jacket for the duration of the class on land, on the dock, and sailing. If my Child is 9 years old or older, knows how to swim, and has passed the “Buddy Test” provided by the lifeguards at the Bow Mar Beach, my Child is required to wear a lifejacket while on the dock and sailing. If my Child is 9 years or older and has NOT passed the “Buddy Test” provided by the lifeguards at the Bow Mar Beach, my Child is required to wear a lifejacket for the duration of the class on land, on the dock, and sailing.
7. I agree and understand that my Child may be in a sailboat without an adult present inside the sailboat but with an adult supervising in a safety boat in the water.
8. Once my child passes the Advance Solo License administered by a Club instructor, I understand that I assume all risks of allowing my Child to sail in the Sunday Races program or if allow my Child to sail by themselves in a sailboat owned by the Yacht Club.
9. I will immediately notify the Club’s designated supervisor if there is a change in my Child’s health or other condition would affect my Child’s ability to safely participate in the Activities.
10. I also permit the Club and BMOI to use photos and quotes of my Child in their publications as they pertain to the Activities.
WAIVER OF LIABILITY. I hereby waive and release any claims or other causes of action, that I or my Child, including my or my Child’s heirs, ancestors, distributees, guardians, legal representatives, or assigns may have now or in the future against the Club, the Yacht Club, or BMOI or any of its directors, officers, agents, employees, and affiliated organizations (collectively referred to as the “Releasees”) for any damages including injury to my Child others, including death, damage to the property of my Child or others, arising from my Child’s participation in the Activities and use of the facilities and property of the Yacht Club or BMOI whether or not the injury or damage results from the negligence or other action or inaction of any of the Releasees, unless such injury or damage is caused by gross negligence or an intentional act or willful and wanton conduct of any of the Releasees. I further hereby agree to indemnify and hold the Releasees harmless from loss, liability or damage or cost, including reasonable attorney’s fees, they may incur due to my Child’s participation in the Activities and use of the property and facilities of the Club, the Yacht Club, and BMOI.
ASSUMPTION OF RISK. I am aware that my Child’s participation in the Activities may involve maneuvering a boat, sailboard, or other watercraft in deep water and/or in potentially hazardous conditions which may include, among other things, strong winds, high waves, sudden and unexpected emersion in deep water, and collisions with other watercraft or stationary objects such as docks, pilings, and buoys. With knowledge of these and other dangers, which may be known or unknow, I voluntarily ask that my Child be allowed to participate in the activities.
I ACCEPT ANY AND ALL RISKS TO MYSELF AND MY CHILD INCLUDING, WITHOUT LIMITATION, INJURY, DEATH, AND PROPERTY DAMAGE ARISING FROM MY CHILD’S PARTICIPATION IN THE ACTIVITIES AND THE USE OF THE FACILITIES AND PROPERTY OF THE CLUB, THE YACHT CLUB, AND/OR BMOI.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS, I AM AWARE THE AGREEMENT INCLUDES A WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND AN AGREEMENT BY ME TO INDEMNIFY THE RELEASEES, AND I SIGN IT OF MY OWN FREE WILL.
