1. I confirm that I am an individual who is 19 years of age or older and I would like to participate in the Armdale Yacht Club’s (“AYC”) Crew Sign-Up (the “Referral Program”). The Referral Program connects sailors and boating enthusiasts in our community to sailing and boating opportunities (the “Activities”) offered by AYC’s members. Such opportunities include crewing on boats for AYC’s club and area races, as well as casual cruises and recreational experiences to go sailing. In consideration of my participation in the Referral Program, I acknowledge and agree to the terms outlined in this agreement.
Disclaimer
2. AYC is not responsible for directly providing, supervising, overseeing, or managing the delivery of the Activities, and as such, provides no warranty or guarantee of any kind with respect to the accuracy, quality, safety, or suitability of any opportunity that may form part of the Activities. I acknowledge and agree that the Referral Program administered by AYC operates purely to connect and refer interested participants to members at AYC who will in turn offer the Activities.
3. AYC and its Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by you or your family during, or as a result of, the Activities, caused in any manner whatsoever.
Registration & Privacy
4. I understand and acknowledge that I have agreed to share my contact information as part of the Referral Program, which is purely voluntary. I further understand and acknowledge that it does not entitle me or my family to participate in any activities or prescribed educational training as part of the Activities.
5. I understand and acknowledge that, in order to participate in the Referral Program, I must necessarily submit personal information about myself and/or my family, including email address, telephone number, and other details. I agree that this information will be collected, processed, and used for the purposes of administering the Referral Program, the Activities, and related opportunities at AYC.
Family Participation
6. I acknowledge and agree that I am the legal guardian, parent or legal representative of any child accompanying me, and that I will remain personally present and within visible sight of any child accompanying me throughout any portion of the Activities, and that the care and safety of any such Accompanying Children will remain my sole responsibility.
7. I agree that it is my responsibility to supervise any child accompanied by me throughout the Activities.
Personal Health Circumstances
8. I acknowledge and agree that participants in the Activities are expected to be involved in adventurous and strenuous activity. I acknowledge and agree that the Activities are within my abilities and that, I will make the AYC member offering the Acticities aware of any medical conditions or personal health circumstances that may limit my ability to fully and safely participate in the Activities. I further agree and consent to be administered First Aid where considered necessary, or by a qualified medical practitioner, including the commission of emergency treatment.
Description and Acknowledgement of Health and Safety Risks
9. I understand and acknowledge that
a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life.
Release of Liability and Disclaimer
10. In consideration of the Organization allowing me to participate, I agree:
a) To forever release and indemnify AYC from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of AYC or its members;
b) To forever release and indemnify AYC from any action related to my becoming exposed to or infected by COVID-19 as a result of, or from, any action, omission or negligence of myself or others, including but not limited to AYC;
c) That AYC is not responsible or liable for any damage to my vehicle, property, personal belongings, or equipment that may occur as a result of or in association with the Activities;
d) That “negligence” includes failure on the part of AYC to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and
e) This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Nova Scotia and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Intellectual Property
11. I acknowledge that AYC or its members may from time to time take photographs and/or video (“Recorded Media”) of me and the members of my party (including Accompanying Children) for the purposes of instruction, training, and the promotion and publication of the Referral Program on various forms of media. I acknowledge and agree that, unless express notice is given to the Organization to the contrary, I will be deemed to have consented to these uses of my personal image and likeness (and those of any Accompanying Children) for the purposes described above and waive all rights in and to any intellectual property rights (including, but not limited to, copyright) that may subsist in any Recorded Media.
Jurisdiction
12. I agree that in the event that I file a lawsuit against AYC, I will do so solely in the Province of Nova
Scotia and further agree that the substantive law of the Province of Nova Scotia will apply without
regard to conflict of law rules.
Acknowledgement
13. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against AYC on the basis of any claims from which I have released herein.