Kirkland Sailing Club Participant Waiver/Release
What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue Kirkland Sailing Club (“KSC”) or anyone associated with KSC for injuries or losses you suffer while using KSC’s facilities, boats and/or equipment, or while participating in activities, classes or programs administered or hosted by and/or at KSC.
Please take your time and read this agreement very carefully. Sign the document only after you have read and understood everything.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT KIRKLAND SAILING CLUB WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING KSC, ITS OFFICERS, DIRECTORS, STAFF, VOLUNTEERS, OR ADVISORS FOR ANY INJURIES, INCLUDING DEATH, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ACTIVITIES OR PROGRAMS ADMINISTERED BY KSC.
1. I ASSUME ALL RISKS.
I recognize the risk of serious injury, death, or other damages inherent in sailing and other water-sport activities, and in my use of KSC facilities, boats, and programs/instruction relating to these activities. There is no way to completely eliminate the risk of serious injury or death when participating in water based activities, including but not limited to sailing. These risks may come from anywhere, including, but not limited to, other vessels, misuse of equipment, equipment failure, gasoline, weather, physical obstructions, and other individuals. I understand that my use of KSC facilities and any instruction or knowledge I obtain at those facilities is NOT sufficient to prevent the dangers and risks of sailing and other water-sport activities. I understand KSC may be unaware of a defect with a vessel and that I am solely responsible for ensuring the seaworthiness of any vessel I use in any way. I CERTIFY THAT I UNDERSTAND THE RISK OF SERIOUS INJURY, DEATH, OR OTHER DAMAGES INHERENT IN SAILING AND OTHER WATER-SPORT ACTIVITIES. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH, OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY PARTICIPATING IN ANY SUCH ACTIVITY ADMINISTERED BY KSC OR BY MY USE OF KSC EQUIPMENT/BOATS.
2. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that KSC could not offer this activity to me without obtaining a release of liability. In consideration of the agreement of KSC to offer use of a boat, equipment, or service to me, I AGREE TO RELEASE KIRKLAND SAILING CLUB, THE CITY OF KIRKLAND OR ANYONE ASSOCIATED WITH KSC OR THE CITY OF KIRKLAND, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, OWNERS, VOLUNTEERS, AND ADVISORS FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A KSC ADMINISTERED ACTIVITY OR FROM USE OF KSC EQUIPMENT OR FACILITIES.
3. I WILL HOLD HARMLESS AND INDEMNIFY KSC.
In consideration of the agreement of KSC to offer use of a boat (whether paid, unpaid, part of a class, as member benefit, as a guest or in any other way whatsoever), equipment, or service to me, I agree to defend, protect, indemnify, and hold harmless KSC, its officers, directors, employees, owners, volunteers, and advisors from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, that may arise out of my use of KSC equipment or facilities. I EXPRESSLY AGREE NOT TO SUE KIRKLAND SAILING CLUB, THE CITY OF KIRKLAND OR ANYONE ASSOCIATED WITH KSC OR THE CITY OF KIRKLAND, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, STAFF, OWNERS, VOLUNTEERS, AND ADVISORS, FROM AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST KSC AND THOSE PARTIES, WITHOUT LIMITATION, INCLUDING CLAIMS FOR NEGLIGENCE ARISING FROM MY PARTICIPATION IN A KSC ADMINISTERED ACTIVITY OR FROM USE OF KSC EQUIPMENT OR FACILITIES.
4. I AGREE TO ABIDE BY ALL KSC RULES.
I agree to abide by all KSC rules contained in written form as well as verbal directions that may be given by KSC staff or instructors. I MAY NOT OPERATE KSC BOATS OR EQUIPMENT IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS. Passengers shall not be inebriated nor impaired, it is both the passenger and skipper’s responsibility to ensure that any passenger who has consumed alcohol is not intoxicated such that he/she/they is not a danger to him/her/themselves or others.
5. I AGREE TO FOLLOW ALL LAWS, REGULATIONS, AND BEST PRACTICES.
I will abide by all Washington State, King County and City of Kirkland laws, as well as those of any jurisdictions I sail into. I will abide by all federal laws and regulations, including but not limited to all Coast Guard Regulations. I will abide by the Code of Federal Regulations and specifically, but not limited to, the “rules of the road” published as the “Colregs” (International Regulations for Prevention of Collisions at Sea). See this link for the Navigation Rules and Regulations Handbook: https://www.navcen.uscg.gov/?pageName=NavRulesAmalgamated
I will follow all guidance and lessons from the American Sailing Association (ASA). I possess the requisite knowledge, skills and experience to use the equipment supplied by KSC.
No illegal substances shall be brought into or onto any KSC facilities or equipment.
6. OTHER PROVISIONS.
6.1 I AM A CAPABLE SWIMMER AND I WILL WEAR A LIFE JACKET WHILE ON THE WATER, as will my passengers.
6.2 I acknowledge that this agreement between myself and KSC will remain in effect indefinitely, or until such a time as an under-aged participant turns eighteen (18) years of age.
6.3 If I am participating in Open Boating (defined as any non-class usage), whether as a public rental, guest or member, I attest that I am familiar with the type of vessel I am using and its operation. I am aware of the weather conditions and I am capable of properly handling the boat under these conditions and guarantee the capability of any party or parties who may also handle it with my permission. I will inspect the boat before departure and will not depart unless I am certain of its soundness and good condition. Additionally, I agree that I am solely responsible for any expenses incurred due to damage, loss of property or personal injury suffered by Kirkland Sailing Club, my passengers or any third parties, resulting from my use of boats or equipment.
6.4 I authorize the program organizers or their employees to sanction emergency treatment.
6.5 I permit Kirkland Sailing Club to use photos and quotes of any participants in their publications. I understand KSC has surveillance cameras in and around its equipment and facilities.
6.6 Severability: If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement and its application to other persons or circumstances is not affected and remains in full force and effect. If any provision is found to be invalid or void the Court shall strike only the least amount of text and the remainder of the provision shall remain in full force and effect. The Court is permitted to modify a clause in order for it to remain valid to reflect the intent of the parties if it can be reasonably determined.
6.7 Choice of Law. Should any dispute arise in relation to this agreement the venue shall be in the Courts of King County, Washington.
6.8 Attorney Fees. Should any dispute arise in relation to this agreement the substantially prevailing party shall be entitled to attorney fees and costs.
You are advised to consult an attorney before signing this agreement that waives your rights. You state as follows: I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS, AS WELL AS MY CHILDREN AND ANY CHILDREN IN MY CARE), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize I should consult an attorney before signing and I have been given time to do so by KSC. If I sign without consulting an attorney I represent that I was advised of that opportunity and have elected to sign against this advisement by KSC.