Guest Waiver and Release Terms and Conditions
This waiver and release (the "Waiver and Release") of the below named guest (the "Guest") is for the benefit of, and enforceable by, Luxury Liners, every yacht club and its representative sailing team which have been accepted in the whole or any part of the Event(s) (as defined below), any third party owner, provider, lessor, lessee, licensor or licensee of a Vessel (as defined below) or a Facility (as defined below), any other competitor or official of the Event(s) (as defined below) and any and all of their related entities, subsidiaries, affiliates, insurers, attorneys, team members, employees, officers, directors, members, shareholders, partners, representatives, administrators, member s, volunteers, agents, commercial partners, sponsors, endorsers, supporters and customers that currently exist or that may exist in the future (collectively, the "Released Parties").
WHEREAS, the Events will take place at various on-shore facilities, any other facility or venue used in connection with the Event(s) (each a "Facility" and collectively, the "Facilities") and/or aboard any race boat, replica boat, charter boat, tender, chase boat, hospitality boat, VIP boat, turning mark boat, official umpire boat (including , without limitation, high-speed rigid inflatable boats (Rills)) or any other boat (each a "Vessel" and collectively , the "Vessels
NOW, THEREFORE, in consideration of permitting the Guest to participate in the Event(s) (including, without limitation, participation in experience aboard an official boat (being a high-speed RIB and/or any other Vessel) and/or be present on any Facility(ies) or Vessel(s), the Guest hereby unconditionally and irrevocably, represents, warrants, agrees and declares as follows:
1. (a) am medically fit to attend and participate in all sailing or other activities aboard a Vessel, at a Facility or otherwise during the Event(s); (b) will fully comply at all times with all instructions and directions of any Event(s) representative while on a Facility or Vessel or otherwise participating in the Event(s); (c) understand that sailing activities on a Vessel, activities on a Facility, participating in the Event(s), or my permission to participate in those activities, may be cancelled at any time by any representative of the Event(s); (d) will immediately advise an Event(s) representative feel anything to be unsafe at any time I am on a Vessel or Facility and will leave as soon as practical; (e) will not participate in activities on a Vessel if I am under the influence of intoxicating drugs; (f) will not consume alcohol in an irresponsible manner while aboard a Vessel or at a Facility and agree that the Released Parties shall not be responsible for my actions if I violate this prohibition; and (f) have obtained adequate medical , disability and/or life insurance or other monies to cover losses to myself.
2. I hereby freely acknowledge, accept and assume the risks that may arise from my participation in the Event and presence on a Vessel or Facility and agree that such risks may include or arise from the following: (a) some of the Vessels and yachts competing in the Event(s) are experimental and developmental in design and intended for extremepropulsion;(b) use of such Vessels and yachts involves an inherently high risk of damage or injury that is accentuated by their intended competitive use; (c) sailing or mere presence on any Vessel(s) is an inherently hazardous activity that requires a certain level of physical agility and may be unsuitable for anyone undergoing medical treatment, and -can involve, among other dangers, contact with considerable force, other unaffiliated watercraft, uncertain weather or other Event(s) participants ;presence on a Facility or any areas adjacent to a Vessel presents additional risks and dangers ; and (e) other risks to me that are not known or not reasonably foreseeable. I understand that such risks may result in a full range of injuries, from minor to severe, including thepossibilitythatImightsufferseriouspermanentdisability,paralysis,drowning or death.This assumption of risk applies to all risks of personal injury, death, loss or property damage that result from my own actions, inactions, active negligence or passive negligence, or the actions, inactions, active negligence or passive negligence of the Released Parties or others (which may include negligent rescue operations or any other negligent acts, including those not in connection with the Event(s), the conditions of the premises and of any equipment used in connection with a Facility, Vessel or theEvent(s).
3. I understand that the Event(s) and/or my presence on a Vessel or Facility may be photographed, televised and/or recorded. I grant the Released Parties and their designees and licensees the absolute and irrevocable right to use, modify, publish, publicly display and copy my name, likeness, picture, voice, biographical information , written or oral statements and any photographs, video, or sound recordings taken of me without compensation, for illustration , trade, advertising, marketing, promotion and in any and all media now existing or hereafter developed, throughout the world , without restrictions or limitations, in promoting or publicizing the Event(s), other official events relating to the Event(s), the whole or any part of the boating experience, any of the Released Parties and any related products, events or services. I hereby waive any right of approval or claim to compensation for such use.
4. I hereby irrevocably release, waive, discharge and promise not to sue theReleased Parties for the following: (a) any and all claims, liability, injury, death, losses or damages to my person or property arising from, attributable to or in connection with me being on or ata Vessel or Facility or otherwise participating in the Event(s), and (b) any and all claims and demands arising out of or in connection with any use, blurring, alteration, or use in composite form of my name, picture, likeness, voice, biographical information, written or oral statements or any photographs, video, or sound recordings taken of me, including, but not limited to, any claims for copyright infringement, defamation , invasion of privacy or right of publicity. This Waiver and Release applies to all risks of personal injury, death, loss or property damage, including risks that are not presently known or not reasonably foreseeable, that result from my own actions, inactions, active negligence or passive negligence or the actions, inactions, active negligence or passive negligence of the Released Parties or others (which may include negligent rescue operations or any other negligent acts, including those not in connection with the Event), the conditions of the premises and of any equipment used in connection with a Facility, Vessel or theEvent(s).
5. I understand and agree that this Waiver and Release covers, without limitation: all damages for personal injuries, mental distress, wrongful death, loss of consortium, loss of wages, loss of earning power or capacity, income or other pecuniary loss, medical and hospital bills, any other related expense or cost, and any and all property damages; (b) all such injuries and damages, even if caused by the fault or negligence, in whole or in part, of the Released Parties themselves, their employees, agents or representatives, or their contractors, subcontractors, or their agents, employees and representatives; and (c) all such injuries and damages, however caused, even if I claim or contend they were caused in whole or in part by a dangerous or defective condition of a Released Party's property, facilities or equipment, including, without limit, a Vessel or Facility.
6. I also agree to indemnify, defend and hold harmless each Released Party from (a) any and all claims, damages, liabilities, losses, fees and costs incurred in connection with any breach of this Waiver and Release; (b) any third party claims or threats of claims asserted arising from, related to or in connection with my being on a Vessel or Facility or otherwise participating in the Event(s); and (c) any claims or proceedings for personal injury, death or property loss brought by me or any of my personal or legal representatives, executors, administrators, successors and heirs arising from, related to or in connection with my being on a Vessel or Facility or otherwise participating in theEvent(s).
7. This Waiver and Release specifically embraces each and every occurrence of my presence on a Vessel or Facility (before, during and after the Event(s), and has the same effect as if executed at each and every subsequent activity during the Event(s) in which I participate.
8. This Waiver and Release is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal or unenforceable under applicable law, I agree that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the Released Parties. If no such interpretation or amendment is possible, then the unenforceable term shall be severed from this Waiver and Release and shall not affect the validity and enforceability of the remaining terms. In any action to enforce this Waiver and Release, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
9. This Waiver and Release is binding upon and enforceable against me as well as my estate, personal representatives, legal representatives, executors, guardians, conservators, heirs, executors, administrators, next of kin and assigns and shall inure to the benefit of the ReleasedParties.
10. This Waiver and Release and any dispute or claim arising out of or relating to it (including, without limitation, any dispute or claim relating to non-contractual) shall be governed by and construed in accordance with the laws of the State of California.
11. I hereby agree that any dispute, claim or controversy arising out of or relating o this Waiver and Release shall be determined by binding arbitration in San Francisco, California under the rules of the California Arbitration Act, Code of Civil Procedure sections 1280 et. seq. before one neutral arbitrator who shall be a retired state or federal judge. The arbitrator has the discretion to allow and limit discovery including depositions. California law shall govern the interpretation of this Waiver and Release and the rights of the parties, exclusive of conflict or choice of law rules. Judgment on the award may be entered in any court having jurisdiction over the parties. Said court in making the determination of whether to confirm or modify the award, can review the merits, reasoning or application of Jaw made by the arbitrator. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and I irrevocably consent to personal jurisdiction in the state and federal courts in San Francisco,California.
12. This Waiver and Release shall not be construed against the drafting party, but rather shall be given a reasonable interpretation in accordance with its plain meaning. No waiver shall be effective unless it is in writing and executed by the party making the waiver and no waiver of any provision shall constitute a waiver of any other provision or a continuing waiver.
13. I acknowledge and agree that I have been advised, or had the opportunity to be advised, by independent legal counsel of my own choosing in connection with the execution of this Waiver andRelease.
14. Except for the terms of any confidentiality agreement or nondisclosure agreement between the Guest and any of the Released Parties, this Waiver and Release contains the entire agreement between the Guest and the Released Parties with respect to the subject matter hereof and may be modified or amended only by written agreement of the Guest and a representative of the Released Parties.
By my signature below, I represent that I have read, understand and consent to the terms of this Waiver and Release.
Signature of Guest:_______________________________
If Guest is under 18 years of age, the undersigned hereby represents and warrants that he or she is the parent or legal guardian of the Guest and has the full right and authority to enter into this Waiver and Release on the Guest's behalf, and, acting in such capacity, acknowledges and accepts the terms and conditions of this Waiver and Release in their entirety. The undersigned further agrees to indemnify, defend and hold harmless each and all of the Released Parties from all liability, damages, claims, fees or costs whatsoever as may be imposed upon said Released Parties because of any defect in or lack of such capacity to so act.
Signature of Parent or Guardian if Guest is under18:______________________________