Sailing Tribeca NYC, LLC. – Release of Liability and Assumption of Risk Agreement
You have registered with Sailing Tribeca NYC LLC to participate in certain sailing activities. As a condition to such participation, we require that you execute this Release and Assumption of Risk Agreement. Please read the following document carefully and ensure you understand it fully before signing it. ALL PARTICIPANTS MUST READ, FILL OUT AND SIGN THIS ENTIRE FORM. All participants under the age of 18 years must have the form signed by the minor’s parent and/or guardian prior to participating in this sailing activity.
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS:
I acknowledge that I have voluntarily chosen to take part in this Sailing Tribeca NYC LLC sailing activity. I understand that sailing activities inherently involve risks and danger. I understand that these risks and danger may cause injury, illness, death, and damages which may be caused by my own actions or inactions, the actions or inactions of others participating in such activities, the conditions in which the activities take place or the negligence of parties participating in such activities including myself or the releases listed below.
Participant acknowledges and agrees that in participating in the sailing activities he or she may be using property owned, licensed or leased by or from one or more of the following and that the release and indemnification set forth in the agreement applies to each of them, and their respective directors, officers, members, owners, agents, employees and associates to the same extent as applicable to Sailing Tribeca NYC LLC as if they were each expressly named in and a party to the Release and Assumption of Risk Agreement.
By my signature [or the signature of the parent and/or guardian if they are under 18 years of age] I hereby accept and willingly assume all risks and hazards related to, arising out of, or associated with my participation in the Tribeca NYC LLC sailing activity, from the pre-sailing boarding through and including final departure from the vessel. My participation in this activity is purely voluntary and I elect to do so entirely at my own risk.
RISK RELEASE:
These risks and hazards include, but are not limited to, (1) loss of control of the sailing vessel, falls overboard, slips or falls at any time while boarding, de-boarding, entering the cabin or on-board, any injury or accident occurring while travelling in a dinghy/tender, collision with other vessels, docks, reefs, rocks and/or any other man-made or natural obstacles, whether obvious or not; (2) judgment, decision-making and professional conduct of the captain (and/or crew, if present) or myself; (3) submersion in water, drowning, lung expansion or any other injuries associated with sailing and operating under power; (4) encounters with insects or marine life; (5) exposure to the outdoor environment, extreme temperatures, and humidity, and inclement weather; (6) risks and hazards associated with lifting, pulling, winching, easing, tightening, carrying sailing equipment and/or other sailing activities; (7) any and all rescue-related injuries; (8) equipment failure, and (9) unavailability of immediate and/or appropriate medical attention in case of any type of injury. I fully understand and acknowledge that the above list is neither complete nor exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage.
In consideration for Sailing Tribeca NYC LLC allowing me to participate in this sailing activity, on behalf of myself, my heirs, and any other person or entity who may claim by or through me, I hereby release, discharge, covenant not to sue and agree to hold harmless Sailing Tribeca NYC, LLC from and against any and all claims, demands, losses or damages of any kind or nature arising out of or relating to my participation in sailing activities, regardless of the basis therefore and whether arising out of negligence, recklessness, or any other act or omission, including without limitation any claims relating to my bodily injury, disease, death or other disability or damage to my person or property. Also, on behalf of myself, my heirs, and any other person or entity who may claim by or through me, I hereby release, deem free of liability and discharge Sailing Tribeca NYC LLC from any act or omission of negligence in rendering, organizing or failing to render any type of rescue or medical services.
By the signing of this document, I fully recognize, understand and accept that if I am injured, become ill, die or if my property is damaged [or if any minor under the age of 18 years on whose behalf I am signing] I am, on behalf of myself, my heirs, and any other person or entity who may claim by or through me, waiving and releasing any and all right to make any claim or file any associated lawsuit against Sailing Tribeca NYC LLC even if they negligently or by any other act or omission cause the injury, illness, death, disability or damage.
I further agree to hold free of liability, defend, and indemnify Sailing Tribeca NYC from any and all claims, demands, losses or damages, including without limitation all attorney’s fees or other legal costs incurred in connection with any and all claims by or on behalf of me or any third parties of any injury, illness, death, disability or damage sustained or caused by me [or any minor under 18 years of age on whose behalf I am signing] in the course of my [or said minor’s] participation in this activity.
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 reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces, objects, and in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. There is no known cure for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. Tribeca Sailing NYC LLC cannot prevent you [or any minor under 18 years of age on whose behalf I am signing] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Tribeca Sailing NYC LLC services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Tribeca Sailing NYC LLC services and/or enter onto Tribeca Sailing NYC LLC premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself [or any minor under 18 years of age on whose behalf I am signing] in order to utilize Tribeca Sailing NYC LLC services and enter Tribeca Sailing NYC LLC premises. These services are of such value to me [or any minor under 18 years of age on whose behalf I am signing] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Tribeca Sailing NYC LLC services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Tribeca Sailing NYC LLC and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Tribeca Sailing NYC LLC services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
Additional:
- Sailing Tribeca NYC LLC reserves the right, in its sole discretion, at any time, to accept, deny or terminate participation to and by any person in any sailing activity. I hereby agree to follow all rules, regulations, and the instructions of Sailing Tribeca NYC LLC while participating in this exposure.
- I also certify that I, or any minor on whose behalf I am signing, is physically, mentally and emotionally capable of participating in these activities. I hereby represent that I have informed Sailing Tribeca NYC LLC of any pertinent medical conditions that may affect my, or the undernoted minor’s, participation in sailing activities.
- I also understand that the possession or use of illegal drugs or the carrying of firearms is strictly prohibited on board the vessel, that Tribeca Sailing NYC LLC reserves the right to refuse service to anyone who violates these rules without a refund. The passenger who violates these rules will be strictly liable for any loss, liability, damages, fines, or penalties that you or Tribeca Sailing NYC LLC may suffer, including without limitation any fines, loss or suspension of the captain’s license and/or vessel, as a result of a violation of these rules.
- I hereby agree that Sailing Tribeca NYC LLC may use film, voice, or photographic records, however captured, for any purpose including, but not limited to, advertising, sales or any other promotional or commercial purposes, in any media or format now or hereafter known, worldwide and in perpetuity, without further compensation, authorization or notification to me or anyone on my behalf.
Any reference to the term “I”, “me”, “my”, “mine” or other like terms shall be deemed, in the case of a minor, to refer to the minor but shall be binding on the parent and/or guardian equally, as if the minor were an adult and were executing this document on its own behalf. Notwithstanding anything to the contrary herein, any limitation of liability provision or indemnification provision included herein shall be construed to provide the maximum protection permitted by law to Sailing Tribeca NYC LLC and no more than the maximum protection. Any provision hereof that purports to provide protection to Sailing Tribeca NYC, LLC. in excess of the maximum permitted protection shall be construed to provide only that protection that is permitted by law and shall be construed to impose only such protection as will pass the scrutiny of the jurisdiction to which this agreement applies. To the extent that such jurisdiction requires an express exclusion of protection or indemnification for Sailing Tribeca NYC LLC this agreement shall be deemed to exclude such protection or indemnification. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE MAXIMUM LIABILITY OF SAILING TRIBECA NYC LLC SHALL NOT EXCEED THE PARTICIPANT’S REGISTRATION FEE. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, the State of New Jersey and Federal Maritime law without regard to conflict of laws and rules.
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY; I UNDERSTAND THAT I AM ASSUMING ALL RISKS INHERENT IN TAKING PART IN THIS SAILING ACTIVITY AND ALL ASSOCIATED ACTIVITIES. I UNDERSTAND THAT ON BEHALF OF MYSELF AND MY HEIRS AND ANY OTHER PERSON WHO MAY CLAIM BY OR THROUGH ME, I AM RELEASING SAILING TRIBECA NYC LLC, ITS DIRECTORS, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM ANY AND ALL POSSIBLE CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED AND TRIBECA SAILING NYC LLC AND I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND BY THEM.
Parents and /or Guardians
Parents and/or Guardians: As a parent or legal guardian of a participant under 18 years of age, I have read this Release of Liability and Assumption of Risk Agreement fully. I understand it and voluntarily agree that the named minor may participate in this sailing activity. Having full authority to do so, I agree to this release on behalf of the minor and the minor’s parents and/or legal guardians.
Please fill out the form once for each participant.
If you would like a copy of this waiver please email david@tribecasailing.com