Ephraim Yacht Club Parental Acknowledgement, Waiver and Indemnification 1. 2.
This form must be executed for a Junior or Student member under the age of 18 to use EYC-owned sailboats, except during lessons or racing. Additional restrictions on use apply. Use of EYC-owned boats by Junior or Student members must take place in accordance with the EYC’s Safety Policy (see www.eyc.org/member-info), and other EYC rules and policies.
Print Junior or Student member name: __________________________________________Age: _______ Print Parent Name: ________________________________________________ ************************************************************************************* THE PARENT MUST READ THIS FORM CAREFULLY, THEN SIGN AND DATE THIS FORM ON THE OTHER SIDE. 1. I am the parent of the EYC Junior or Student member listed above (the “Junior”). 2. I give the Ephraim Yacht Club, Inc. (the “EYC”) permission to allow the Junior to sail in EYC-owned sailboats, without supervision by the EYC. 3. I acknowledge that the EYC will not supervise the Junior when the Junior is sailing. I acknowledge that sailing is dangerous and that unsupervised sailing is even more dangerous. I acknowledge that the Junior might be injured, disabled, or killed as a result of sailing unsupervised. I acknowledge that the EYC will not take any extra steps to enable the EYC to quickly respond to an emergency involving the Junior. I acknowledge that even if the EYC staff is notified of an accident or emergency, EYC staff may not be able to arrive in time to prevent the Junior from being injured, disabled, or killed. 4. I acknowledge that the EYC may not allow the Junior to sail an EYC boat unsupervised in any particular instance, and the EYC may impose conditions on how or where the Junior can sail an EYC boat unsupervised. Nevertheless, I acknowledge that the EYC is not responsible for choosing whether it is safe for the Junior to sail, or to continue to sail, unsupervised in any particular instance. I am responsible for ensuring that the Junior does not sail unsupervised when the conditions are inappropriate or unsafe, and I am responsible for whether the Junior continues to sail if conditions change and become inappropriate or unsafe. (continued on other side)
5. I acknowledge that I am responsible for ensuring the EYC-owned boat used by the Junior is in good working condition and has all necessary equipment (including safety equipment) on board, before the Junior leaves the EYC pier. 6. I certify that the Junior is a competent swimmer, and is comfortable swimming in deep water and in open water. 7. I hereby, on my own behalf and on behalf of the Junior, release the EYC and its members, employees, directors, officers and volunteers (collectively, the “Releasees”) from, and waive, any and all claims, damages, losses, liabilities, costs and expenses, including without limitation those resulting from damage to or loss of property, personal injury, or death, even if caused by the negligence of a Releasee, arising out of or resulting from the Junior using an EYC-owned boat (“Losses”), and agree not to sue any Releasee with respect to any Losses. 8. I will indemnify the Releasees from, and defend and hold them harmless against, any and all Losses (including without limitation the fees and expenses of attorneys and other professional advisers) arising out of my actions or omissions, or the actions or omissions of the Junior. 9. I hereby authorize the Ephraim Yacht Club and its employees, officers, directors, agents, and volunteers to obtain emergency transportation and medical care for the Junior, including paramedic care, emergency room care, physician care and hospitalization. I agree to be responsible for the cost of any such care and to indemnify the Ephraim Yacht Club and its employees, officers, directors, agents and volunteers from, and hold them harmless against, any and all claims, damages, costs, losses, liabilities and expenses arising out of or relating to such medical care or the decision to provide such medical care. 10. I have read and understood the EYC’s Safety Policy at www.eyc.org/member-info. I will follow the EYC’s Safety Policy and all other rules and policies of the EYC, and instructions of the EYC staff. I will require the Junior to follow the EYC’s Safety Policy and all other rules and policies of the EYC, and instructions of the EYC staff. 11. I understand this Parental Acknowledgement, Waiver and Indemnification will remain in effect unless and until revoked by me in a writing sent to
[email protected] or to the EYC’s published mailing address. Date: ________________________, 20____ Signature of parent: ___________________________________