I, the undersigned, am a parent having legal custody/person having legal custody or legal guardian of the above-listed Minor. I wish to voluntarily enroll the Minor in the Hyannis Port Yacht Club (HPYC) Junior Sailing Program (the Program). In consideration of the Minor’s participation in this voluntary recreational activity and use of HPYC facilities, I acknowledge and agree as follows, for myself, the Minor and the Minor’s heir, representatives and assigns:
1. I understand that risks exist in the Program and shoreside activities, including but not limited to, the risks of serious physical injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases such as COVID-19), trauma, pain and suffering, paralysis, death or permanent disability from car accident, falling, boat collision, capsizing and drowning and other risks associated with the Program. I freely assume all risks, including unforeseen risks. HPYC is not my insurer. I will maintain insurance as prudent for the protection of the Minor and myself, including medical and liability coverages.
2. To the fullest extent permitted by law, I promise not to sue, I forever release and agree to indemnify and hold harmless HPYC from and against any and all claims, damages, liabilities, losses, suits, costs and expenses including attorney fees, for personal injury to the Minor or any other person, and loss of any property, arising from the Minor’s participation in the Program and shoreside activities on or off HPYC premises, and including any active or passive negligence of HPYC, such as negligent rescue. My obligations under this paragraph shall survive the termination of the Minor’s participation in the Program.
3. I represent that the Minor is in good physical and mental health, is able to safely undertake sailing activities, and can swim well enough in the event his/her boat capsizes to avoid any resulting danger; and that the Minor is capable of comprehending instruction, following directions and observing proper safety precautions. I agree to abide by the decisions of the Program’s Head Instructor if he/she finds it necessary to discipline or dismiss the Minor for lack of attention, misbehavior or failure to follow safety precautions.
4. For the purpose of the Agreement, “HPYC” includes its, affiliates, other members, partners, Trustees, officers, employees, agents, and committee persons of any of them. This Agreement contains all of the understandings between me and HPYC regarding the subject matter hereof, and may be modified only in a writing signed by the parties. I am not relying upon any promise, representation or inducement not contained herein. The above waiver, release and indemnity provisions are continuing obligations and intended to be as broad, comprehensive and inclusive as permitted by law, but are not intended to assert any claim or defense prohibited by law. The provisions of this Agreement shall be interpreted in such a way so as to render them valid whenever possible, and any ambiguity shall not be strictly construed against HPYC. If any part of this Agreement is held invalid by a court or arbitrator having jurisdiction, the remainder shall continue in full force and effect.