Assumption of Risks, Waiver, Release & Indemnity Agreement
For valuable consideration, including the acceptance and my participation in the complementary cruise on Le Corse, I hereby agree to the following:
- REPRESENTATIONS AND WARRANTIES:
I represent, warrant and agree: (a) That I will comply with all rules, regulations, and instructions for the Cruise, as set forth by the Captain. (b) That, in connection with the Cruise, I may voluntarily participate in certain “Related Activities,” including but not limited to sailing, boating, waterskiing, use of dinghies, use of personal watercraft, swimming, and social gatherings and parties. I also understand that persons attending Related Activities may consume alcohol, which may influence their conduct. (c) That I am physically fit and know of no medical or health reason that I should not participate in the Cruise or any of the Related Activities.
- ASSUMPTION OF RISKS:
I understand that participation in the Cruise carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific injuries that may result from my participation include: (a) minor injuries such as scratches, bruises, and sprains; (b) major injuries such as loss of sight, joint or back injuries, heart attacks, and concussions; or (c) catastrophic injuries including paralysis and death. I know, understand and appreciate that these and other risks are inherent in my participation in the Cruise and the Related Activities. I assert that my participation is voluntary and that I am knowingly assuming all such risks.
- WAIVER, RELEASE, DISCHARGE AND COVENANT NOT TO SUE:
I, for myself, my heirs, personal representatives and assigns, do hereby release, waive, discharge and covenant not to sue Le Corse, its officers, directors, employees, sponsors, members, committee members, volunteers, advisers and agents (hereafter, “Affiliated Parties”) for any liability for any and all claims resulting in personal injury, accidents, illnesses (including death) and property loss arising from participation in the Cruise or any Related Activity, whether or not caused by the active or passive negligence of Le Corse or any of the Affiliated Parties
- INDEMNIFICATION AND HOLD HARMLESS:
I agree to indemnify and hold Le Corse and the Affiliated Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my involvement in the Cruise or any of the Related Activities, and to reimburse them for any such expenses incurred.
- SEVERABILITY:
I agree that this Assumption of Risks, Waiver, Release and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that, if any portion is held invalid, it is agreed that the balance shall nevertheless continue in full force and legal effect.
- INFORMATION AND PUBLICITY:
I hereby grant permission to Le Corse and its sponsors, committees, advisers, employees, volunteers and agents to transmit or release to the public any and all communications from or to my yacht during the Cruise relating to the progress of the yacht and the welfare of her crew, whether the communications are with the public, private or the government stations. I also hereby grant permission to Le Corse and its affiliates to use any photograph or video footage of me or my yacht while involved in the Cruise or any of the Related Activities for any purpose they might deem appropriate, including distribution in sailing publications and other media outlets.
- GOVERNING LAW, COURTS:
I hereby agree that this Agreement, and its interpretation and enforcement, shall be governed by the laws of the State of California. I agree that any action regarding the enforcement or interpretation of this Agreement must be brought in the courts of the County of Santa Clara, California.
- ACKNOWLEDGMENT OF UNDERSTANDING:
I have read this Assumption of Risks, Waiver, Release and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that I may consult with an attorney before acceptance of this agreement. I acknowledge that I am accepting the terms of this agreement freely and voluntarily, and intend by my acceptance to completely and unconditionally release all liability to the greatest extent allowed by law.