Release & Indemnity
Waiver and Release of Liability
For and in consideration of Hampton Yacht Club (the “Organization”) allowing me, the undersigned, to participate in any capacity in an Organization sanctioned, licensed or approved event or activity (“Event” or “Events”); I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):
A. RULES AND REGULATIONS: I hereby agree to abide by the rules, regulations, and policies of the Organization, including any and all COVID-19 related safety measures required by the Organization.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing, and that participation in any Organization involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
C. ASSUMPTION OF RISK: I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any Events. I also agree to be responsible for any injury or damage caused by me or any agents under my direction and control at any Event.
D. RELEASE: In consideration of my participation in any event, and acknowledging the material value provided to me by HYC in allowing my participation in any Event, I hereby release from liability and waive any claims against the owner or organizer of the Event, its licensees, competition managers, promoters, sponsors, advertisers, beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees, volunteers and contractors of them (the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.
E. COMPLETE AGREEMENT AND SEVERABILITY CLAUSE: This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY.
Sonar Usage Policies & Procedures
I have reviewed and accept the Sonar Policies and Procedures. Policies and Procedures for HYC’s Sonars Sonars are available for use by members who have selected to sign up for the Adult Sailing Program and submitted the annual waiver to the Sailing Director. The boats will be available 8am to sunset every day; however, use may be limited due to other programming utilizing the fleet. Experienced sailors may become qualified by simply submitting a sailing resume or sailing certification. Less experienced sailors may be asked to demonstrate their skills. Beginners should start with the Learn to Sail class. Reservations will be made with the Sailing Director, by either filling out the online form, phone, or email. Reservations will be on a first-come, first-serve basis and preferably be done 24 hours before you would like to take the boat out. Each sailor and his/her guest(s) MUST sign a waiver, wear his/her own type III PFD, file a float plan, and hail the Sailing Director via VHF Ch. 67 when they leave and return to the dock. Navigational limits are the Hampton Roads harbor north of the shipping channel. These boats require a minimum of two persons to sail. You may bring guests that are nonmembers of HYC at no additional cost. Boat Check Out List 1. Mandatory Documents: • Float Plan must be filled out and submitted to the Sailing Director before sailing. • All souls on the vessel need to have a signed waiver. Place waivers in Sailing Director’s mailbox. • You take 100% responsibility for all members of your crew. 2. Mandatory Communication: • Always have a radio turned on and on your vessel. VHF Ch. 67 is the designated HYC Keelboat Channel. Please hail the Sailing Director or appropriate Sailing Center Staff on this channel when leaving and returning to the dock. • Utilize Ch.16 for a distress call. • Periodically check the weather on your radio while at sea. • Please take a cell phone with you on the water. 3. Mandatory Lifejackets: • Our lifejacket policy is that all parties sailing shall wear a properly fitted life jacket at all times while underway. • 4. Rigging/Boat: • Rig the vessel properly, please ask Sailing Center Staff for assistance if needed. • Make sure to use the boat that was coordinated with the Sailing Director. • Hail the Sailing Director just prior to leaving the dock. 5. Weather: • You are responsible to know the weather prior to and during your outing. • If inclement weather arises, immediately return to the dock. If the dock is not within reach, find a safe harbor and drop the sails and anchor. Be aware of the current. Once safe immediately contact the Sailing Director. • The boats will not be sailed in winds or gust 25+ knots. A waiting period of no less than 30 minutes after the last lightning strike and/or sound of thunder must be obeyed before you go out sailing. 6. Upon return: • Hail the Sailing Director to inform of your safe return to the dock. • De-rig and tie up the sail boat properly or return to designated trailer. • Fill out the boat log on the Float Plan form, place in Sailing Director’s mailbox. • If incidents arise please make note on the boat log sheet. This is the first step in order to track repairs and update the maintenance logs of our vessels. The boat log is a key to our success and your enjoyment! 7. Emergency • In case of an emergency, Hail the United States Coast Guard on Ch. 16. • Refer to the Emergency Action Plan(EAP) in all First Aid boxes onboard. • *Make sure to review the EAP before you leave the dock. If any issues arise while on the water, please hail the Sailing Director on VHF Ch. 67 or call directly at (610)417-5529 or Hampton Yacht Club at (757)722-0711. *
Accidents MUST be Reported
According to USCG regulations, the following accidents must be reported in a formal, written report within 24 hours to USCG: whenever damage over $2000 was made; sever injury or loss of life occurred; and disappearance of any person from a vessel. Hampton Yacht Club Policy states that all damage and injuries must be reported to the Sailing Director. *