Skipper Waiver & Release of Liability
Winterfest Regatta
February 21, 2004
CLASS_______________________________SAIL #____________________________
BOAT NAME____________________________________________________
The undersigned intends to participate in sailing races and other related events sponsored or supported by Sail Newport, Inc.(SN) and any other subsequent sponsors or organizing entities. For good and valuable consideration, including being permitted to participate in the WINTERFEST REGATTA, the undersigned for myself, all crew members, their and my successors, heirs and assigns hereby waives, releases and discharges any claims, causes of action or any type of demand whatsoever against SN, their respective officers, directors, agents, volunteers, sponsors or employees, that the undersigned may have or in the future may have against SN and their sponsors’ respective officers, directors, agents, volunteers, sponsors, or employees, for any bodily injury or death suffered by the undersigned or for any damage to any boat or other property arising out of my involvement in the WINTERFEST REGATTA or training therefore, and any other related activities sponsored by SN and sponsors in connection with the conduct and organization of the WINTERFEST REGATTA. I am in good health and have no physical condition that would prevent me from participating in this event.
The undersigned acknowledges that participation in the sport of sailing or in this regatta involves substantial risk of personal injury or even death, and the undersigned hereby assumes the risk of any such injury to his or her body or that of any person on his or her vessel arising while practicing for or participating in said WINTERFEST REGATTA, and forever gives up and relinquishes any claim for liability against SN, the sponsors, their respective officers, directors, agents, volunteers, or employees, that I may have by reason of participating in the above event.
This release is also being executed by me in accordance with Section 7-6-9 of the General Laws of Rhode Island, which is set forth in full at the bottom of this form and made part hereof, and I acknowledge that I have read and understood the statute.
The undersigned, as consideration for Sail Newport’s permission for me and my crew to participate in this Regatta, hereby agrees to indemnify and hold harmless Sail Newport for any damage which the undersigned, his boat, or his crew may cause to any Sail Newport boats or equipment, whether owned outright by Sail Newport, or leased or borrowed for purposes of this event.
In consideration of this entry being accepted, I hereby for myself, heirs, executors, administrators, waive and release any and all right and claim for damages I or my crew may have against the R.I. Department of Environmental Management, the State of Rhode Island, their agents, representatives, successors and assigns for any and all injuries suffered by me or my crew at said event or while traveling to or returning there from save those proximately caused by the willful tortuous acts of the state, its agents, servants and its employees, I agree to permit the full use of my name and picture in any broadcast, telecast and other accounts of this event.
This document may have serious consequences in the event of any injury to the undersigned, and one should feel free to consult a lawyer concerning its implications before signing the release. I HAVE READ AND UNDERSTAND THE FOREGOING RELEASE.
On behalf of the crew of BOAT NAME___________________ SIGNATURE______________________________________
PRINTNAME______________________________________ DATE________________
A) No person serving without compensation as a volunteer, director, officer or trustee of a non-profit corporation, including a corporation qualified as a tax-exempt corporation under 501(c) of the United States Internal Revenue Code [26 U.S.C. 501(c)], or of an unincorporated nonprofit organization or an unincorporated public charitable institution qualified as a tax-exempt organization under section 501(c) of the United States Internal Revenue Code, shall be liable to any person based solely on his or her conduct in the execution of such office or duty unless the conduct of such director, officer, trustee, or volunteer with respect to the person asserting such liability constituted malicious, willful or wanton misconduct. As used in this section, "compensation" does not include a per diem or per meeting allowance, health insurance benefits or reimbursement for out of pocket costs and expenses incurred in such service. Nothing herein shall be construed to exempt a volunteer from liability based upon his or her ownership and/or operation of a motor vehicle.
(B) Officers, directors, agents, servants, volunteers, and employees of a corporation shall not be liable for bodily injury to any person incurred while such person is practicing for, or participating in, any contest or exhibition of an athletic or sports nature sponsored by the corporation; provided such person has, or in the case of a minor, a parent or guardian of such minor has, signed a written waiver of liability of the corporation and acknowledgment of assumption of risk with respect to such practicing for, or participating in, any contest or exhibition of an athletic or sports nature sponsored by the corporation.
