Tuesday, 13 December 2011 13:06

General Waiver

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COURAGEOUS SAILING AGREEMENT AND GENERAL RELEASE
 
OVERVIEW AND TERMS
 
This agreement applies to all sailors and other participants, whether paying a fee or not, (collectively, "Guests") in operations
and programs operated (a) by The Courageous Sailing Center of Boston, Inc. ("Courageous") or (b) on property owned or
controlled by Courageous (collectively, "Operations"). As a precondition for any Guest to participate in the Operations, each
Guest must (a) assume all risks of harm from their participation, (b) hold harmless and indemnify Courageous for all damage
caused by their participation, (c) release Courageous from any and all damage to themselves resulting from their participation in
the operations and (d) otherwise agree to abide by the terms and conditions of this agreement. This agreement remains in full
force and effect from the date it is signeduntil it is superseded by a new written agreement created by Courageous and signed
by Guest or other written agreement signed by an authorized representative of Courageous.
 
 

SAILING IS AN INHERENTLY DANGEROUS ACTIVITY GUESTS ASSUME ALL RISK ASSOCIATED WITH THEIR ACTIVITIES

WHILE AT COURAGEOUS, WHILE SAILING IN A COURAGEOUS BOAT AND DURING ANY COURAGEOUS PROGRAM

OR EVENT. GUESTS ASSUME FULL RESPONSIBILITY FOR THEMSELVES AND ALL THOSE WITH WHOM THEY SAIL.

DO NOT SAIL IF YOU ARE NOT COMFORTABLE WITH ANY OTHER PERSON IN YOUR BOAT OR IF YOU ARE NOT

WILLING TO BE FULLY RESPONSIBLE FOR DAMAGE TO YOURSELF, TO YOUR BOAT OR OTHER BOATS, OR TO

OTHER PEOPLE.

 

 

 

MEMBERSHIP:

 

Non-Transferable: All memberships are non-transferable and for personal, non-commercial use only.

 

Membership Term: Memberships run from May 1 through October 31 unless otherwise specified (e.g., monthly memberships, frostbiting memberships, racing memberships, etc.).

 

Refund Policy: Membership fees are not refundable, including for reasons due to injury or otherwise inability to make use of the membership.

 

Hours: Monday - Friday: noon - Sunset.

Saturday, Sunday and Federal Holidays: 10 am Sunset

Boats must be returned to the dock, properly tied down, de-rigged and cleaned before sunset.

 

Boat Availability: Boats are available on a first-come, first-served basis. Reservations are strongly recommended (by close of

business the day before). Most boats are reserved on weekdays in July and August from 9:30 am 3:30 pm for our youth sailing program

and may be reserved at other times by Courageous for other purposes (e.g., events and courses).

 

Interruption of Operations: Memberships remain in effect and running continuously whenever Courageous operations are interrupted due

to storms, fires, disasters and other circumstances. Courageous may substitute substantially similar boats to those described at any time.

 

 

SAILING:

 

Safety Obligations of Sailing Guests: Guests must operate and navigate Courageous boats safely and with good judgment.

 

Additionally, Guests agree to:

 

complete an orientation session before sailing or sail with someone who has completed the orientation (once per season)

only use assigned and properly checked out boats;

complete and pass both a written and an on-the-water

sailing evaluation before sailing or sail with someone

who has completed the sailing orientation;

always wear a correctly fitting, secured and USCG

approved personal floatation device when sailing and be

responsible for ensuring that all other sailors on your

boat do the same;

adhere to any restrictions imposed by Courageous staff at

any time - both individual restrictions based on a skill and

experience level, or general restrictions on the fleet due

to weather or other circumstances;

have everyone on board wear proper boating footwear (enclosed toe, non-marking soles);

operate boats only in designated areas (varies by boat,

qualifications and other circumstances);

always have and use appropriate nautical charts, VHF radio

and mobile phone when traveling beyond the Inner Harbor

(not permitted without written permission of Courageous);

be aware of and tides, weather (present and forecasted) and time of sunset before leaving the dock;

always maintain a proper lookout for other vessels;

if sailing beyond the Inner Harbor (not permitted without written permission of Courageous), submit a written float plan that accounts for conditions and itinerary;

ensure boats are returned in clean condition and properly de-rigged and tied down to the Courageous dock by sunset;

complete and sign the Courageous boat inventory/ /repair/ safety check-list both before and after sailing (never leave the dock before submitting the checklist to Courageous Staff at the front desk);

not consume alcoholic beverages or controlled substances

before or while operating Courageous boats;

 

 

notify Courageous immediately of any damage or loss that occurs before, during or after use of an assigned boat;

not possess illegal substances at any time on Courageous property;

NEVER leave the dock without all designated safety equipment (anchor, paddle, pump, type 4 throwable pfd, VHF radio or mobile phone, etc.);

follow all Courageous rules and policies;

follow the current Coast Guard Navigation Rules and operate boats in compliance with all applicable local, state and federal laws and regulations;

only sail when they are in good physical health and are physically able to perform the type of effort needed for sailing;

must not sail with other sailors unless those sailors are

willing to accept all obligations in this agreement;

 


RACING: Participating in racing increases the risk of damage and injury. Guests remain responsible for all such damage according to the
terms of this agreement and agree to abide by the applicable Sailing Instructions and Notice of Race in the determination of any such liability.
In the event, that no such Sailing Instructions or Notice of Race exist, then Courageous’ standard forms shall apply (available from the
Courageous Staff). ALL ADVANCED RACING SERIES REQUIRE THAT GUESTS AGREE IN ADVANCE TO PAY FOR ANY DAMAGE
INCURRED DURING SUCH RACING (PARTS AND LABOR) AS DETERMINED BY COURAGEOUS STAFF IN THEIR REASONABLE
JUDGMENT WITH RESPECT TO LIABILITY AND COSTS. Courageous may, in its discretion, also require Guests to sign additional
documentation or require Guests to leave a deposit or authority to charge the Guest’s credit card with respect to the same.

RUNNING EXPENSES: Guests are responsible for all running expenses during sailing including, but not limited to, fuel, telephone, food,
port charges and provisions. Guests are responsible for all disposable items and their proper disposal.

SPECIAL SERVICES: Guests are responsible for the costs of any special services provided by Courageous staff at published rates or actual costs
if a rate is not published. In particular, Guests are responsible for paying the published fee for being towed back to Courageous unless the tow
is due to equipment failure not caused by Guest. Tow fees vary based on the distance of the tow. Guests are responsible for anticipating the time
required to return to Courageous, including the impact of wind speed variations.


RESPONSIBILITIES FOR INJURY AND DAMAGES:

 

Generally: Guests are liable for all injuries and damages caused by or to Courageous boats and equipment while they are in the boat, including
costs relating to helmsmen or crew error or negligence. The cost of damages includes Courageous’ actual costs for parts, materials and labor and
any third party charges incurred
.

 

Damage Waiver: Guests who do not purchase the damage waiver are responsible for all repair and replacement costs and services associated
with their operation of Courageous boats. Guests who purchase the optional damage waiver are released from financial responsibility
for physical damage to Courageous boats (only) while in their care and custody so long as it is not caused by the Guest’s negligence or
intentional conduct, violation of this agreement, failure to stay clear of other boats and obstacles, or running aground. No waiver of damage
liability shall be effective until the damage waiver payment is received. Please note that the damage waiver does not waive financial
responsibility for damage or injury to other boats, property or people, towing services or lost equipment.

 

 

 

ASSUMPTION OF RISK AND GENERAL RELEASE: Guest hereby acknowledges that serious accidents may occur during
sailing or other activities connected with the Operations and that mortal or serious personal injuries and/or property damage
or other loss may result from participation in the Operations. Guests knowingly assume all risks of participation in the
Operations, including all risk of personal injury and loss of or damage to the Guest or their property, including further
injury sustained as the result of the efforts of persons who come to the aid of Guest(s) if injured as a result of participation in
the Operations, and hereby release all other persons and entities mentioned above who might otherwise be liable to Guest.

In consideration of Guest being permitted to participate in the Courageous Operations, Guest, on behalf of themselves and
their heirs, executors, administrators, personal representatives and next of kin, agrees to assume all of the risks and
responsibilities of participation and hereby releases, waives, discharges, holds harmless, covenants not to sue and covenants to
indemnify Courageous Sailing Center of Boston, Inc., the City of Boston, the Boston Parks and Recreation Department,
the Boston Redevelopment Authority, US Sailing and their collective board members, trustees, agents, officers, employees,
volunteers and contractors and all other persons associated with the Courageous Operations (collectively, “Released Parties”),
with respect to any and all liability for any harm, injury, damage, cost or expense of any nature whatsoever, including but not
limited to suffering and death, which Guest may incur, regardless of the cause, while participating in, or in transit
to or from, the Courageous Operations.

THIS RELEASE IS INTENDED TO DISCHARGE EACH RELEASED PARTY FROM ANY AND ALL LIABILITY ARISING
OUT OF OR CONNECTED IN ANY WAY WITH RELEASOR’S PARTICIPATION IN THE OPERATIONS IF THAT LIABILITY ARISES
OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF ANY RELEASED PARTY.


CHOICE OF LAW, FORUM:
This Release shall be interpreted under and governed by the laws of the Commonwealth of Massachusetts. If any provision of this Release is
deemed so broad as to be unenforceable, such provision shall be interpreted to be so broad as is enforceable. All disputes which arise out of this
agreement shall be adjudicated in courts of competent jurisdiction located in the Commonwealth of Massachusetts.

 

 

 

PHOTO AND VIDEO RELEASE:
Guest gives Courageous permission to use photographs and videos taken while operating Courageous boats or participating in Courageous
activities in print or electronic formats in its promotional materials, included the right to copy, modify and to make derivative works.


 

US SAILING::
All US SAILING courses are provided in accordance with existing standards. Completion of a course or issuance of a US SAILING certification
shall not be used as certification that a student is adequately prepared to embark on any specific sailing excursion. Additional US SAILING fee
required to receive certification.

 

All terms and conditions of this agreement and Courageous rules and policies are subject to change. Changes will be posted
in the Courageous Boathouse.
ll terms and conditions of this agreement and Courageous rules and policies are subject to
change. Changes will be posted in the Courageous Boathouse.

 

FAILURE TO ABIDE BY THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION OR TERMINATION OF MEMBERSHIPS WITHOUT REFUND.

 

I HAVE CAREFULLY READ THIS AGREEMENT AND GENERAL RELEASE,
UNDERSTAN
D ITS CONTENTS AND AGREE TO BE BOUND BY ITS TERMS.

 


S
ignature:________________________________

Pr
int Name:_____________________________________


Addr
ess: _________________________________________Phone: ____________ (mobile | home | work)

Email
: __________________________________________Date:_____________________

 

 

PARENT OR GUARDIANS FOR MINORS (UNDER 18 YEARS OF AGE)

 

The undersigned parent and/or natural or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to release each and all of the Released Parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said Party(ies) because of any defect in or lack of such capacity to so act and release said Party(ies) on behalf of all Releasors as specified herein.

 

Signature of Parent/Legal Guardian:__________________________________________
P
rint Name:_______________________________________
Date: ________________________
 



Have any questions about our general waiver and realease form or our policies?

Please email Dave or Cha or call us at (617) 242-3821

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