RELEASE OF LIABILITY/WAIVER OF RIGHTS/PHOTO-MEDIA RELEASE
I understand that Sail Vermont LLC (hereafter "SVT") sponsors a variety of activities, including sailing, water sports, and other sports. I am fully aware that many of SVT’s activities, including sailing, are inherently dangerous activities, which involve the risk of serious injury or even death. These inherent risks may be unforeseen. I agree that by participating in any SVT related activity, I am responsible for my own safety and welfare and agree that I knowingly and voluntarily assume the full risks involved in any such activity.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with boating activities, transportation of equipment related to the activities, and traveling to and from activity sites of which I am about to engage in. Inherent hazards and risks include but are not limited to:
Risk of injury from the activity and equipment utilized in boating is significant including the potential for permanent disability and death.
Boat capsizes may cause cuts, broken bones and other injuries including death.
Exposure to water hydraulics, hidden or obvious obstructions, and/or debris found in the water can cause drowning or other harm.
Possible equipment failure and/or malfunction of my own or others' equipment.
Carbon monoxide exposure and/or poisoning from engine equipment failure.
My own negligence and/or the negligence of others, including employees, agents,
independent contractors or representatives of SVT, including but not limited to operator error.Hazards related to boating which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.
Cold weather and heat related injuries and illness including but not limited to frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
Exposure to outdoor elements, including but not limited to inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions.
Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
My sense of balance, physical coordination, and ability to follow instructions.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be rescue or medical facilities or expertise necessary to deal with injuries and damages to which I may be exposed. I am also aware that there is a risk of failure of the operators and their staff - including third party operators - to safeguard or protect me from the risks, dangers, and hazards or the activities.
By completing and submitting the form, you certify that you do not have any physical or other condition or disability that would create a hazard for yourself or other passengers. It is essential that any participant with a medical condition requiring regular treatment notify SVT and the trip leaders in writing at the time of submission of this form. While SVT will make reasonable efforts to accommodate special needs we assume no responsibility for medical care. SVT reserves the right to refuse any client access to, or continuation on, this trip if it deems you are not fit to start or continue. Once you have been confirmed on this trip, medical circumstances will not be considered as exceptions to our cancellation policy.
To the fullest extent allowed by law, I agree that I will not institute any lawsuit or other legal action against SVT, its officers, directors, delegates, employees, staff, instructors, agents, representatives, servants, or assigns and all organizations and individuals assisting in promoting, conducting or otherwise affiliated with the activity as a result of my participation in or injury from any SVT-related, SVT-organized, SVT-advertised, SVT-sponsored or SVT- subsidized activity.
In consideration for being permitted to participate in any way in boating tours and related activities, I hereby agree, acknowledge and appreciate that:
I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by negligence or otherwise, the following named persons or entities, herein referred to as releasees: Sail Vermont LLC.
To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels form liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
I agree to indemnify and hold harmless SVT from any loss, liability, damage or costs, including court costs and attorney fees, and other incidental or consequential damages that they may incur due to my participation in said activities, whether caused by negligence or otherwise.
I understand and acknowledge that SVT is acting in reliance upon agreements made by me in this General Release in order to extend to me the benefits of inclusion in SVT's activities and that, were I not willing to abide by the terms of this document, such opportunity to participate in SVT-related, SVT-organized, SVT-advertised, SVT-sponsored or SVT-subsidized activities would not be extended to me.
