Informed Consent and Acknowledgement
For and in consideration of participation with Azorean Maritime Heritage Society, Inc., Community Boating Center, Inc., their affiliates, and local associations (hereafter referred to as "AMHS") and being allowed to participate in AMHS events and activities, the participant (or the parent(s) or legal guardian(s) of participant) (hereafter referred to as "participant") relinquishes any and all liability for the cause of action for personal injury, property damage or wrongful death occurring to participant arising out of participation in AMHS events, activities, the sport of rowing or sailing, and/or activities incidental thereto, whenever of however they occur and for such period said activities may continue, and by this agreement and such claims, rights, and causes of action that participant may have are hereby relinquished and the participant (or parent(s)/guardian(s)) does(do) so on behalf of my/our and participant's heirs, executors, administrators and assigns.
The participant acknowledges, understands and assumes all risks inherent in rowing/sailing and associated activities, and understands that said sports and activities involve risks to participant's person including bodily injury, partial or total disability, paralysis, and/or death, and damages which may arise therefrom and that the participant has full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the "releasees" identified below. It is further acknowledged that there may be risks and dangers not known to us or are not reasonably foreseeable at this time.
The participant understands and assumes all risks, if any, arising from the conditions and use of the AMHS boats, facilities, and equipment at the participant's own risk. The participant agrees to abide by AMHS safety obligations and agrees not to sue, to defend, to hold harmless and to indemnify AMHS, Community Boating Center, Inc., their agents, officers and employees from any and all claims of injury or loss to person or property arising from the participant's operation or use of AMHS and Community Boating Center’s facilities, boats, and equipment.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The AMHS has put in place preventative measures to reduce the spread of COVID-19; however, the AMHS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, being present at AMHS events and/or CBC facilities could increase your and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by being present at the AMHS events and/or CBC facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand the risk of becoming exposed to or infected by COVID-19 during AMHS programs may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the AMHS and CBC employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the AMHS events and/or CBC facilities or participation in AMHS programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the AMHS and CBC, its employees, agents, members, Executive Committee (collectively and individually) and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the AMHS and CBC, its employees, agents, members, Executive Committee (collectively and individually) and representatives, whether a COVID-19 infection occurs before, during, or after being present at or participating in any AMHS program, event, or activity.
It is the purpose of this agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death caused by negligence, including the negligence, if any, of releasees. Releasees include Azorean Maritime Heritage Society, Inc., Community Boating Center, Inc., affiliated organizations, other participants, sponsors, advertisers, owners and operators of the premises used to conduct any event and each of them, their officers, directors, agents and employees.
The participant acknowledges having read the above paragraphs and having not relied upon any representations of releasees, that they are fully advised of the potential dangers of rowing/sailing.