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”). Through the Crew Roster page on the Armdale Yacht Club website (the “Site”), 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. By accessing and using the Crew Roster, and in consideration of my participation in the Referral Program, I acknowledge and agree to the terms outlined in this agreement.
Terms
2. The use of any information contained in the Site or as part of the Activities is to be used solely for the purposes of administering the Referral Program and not for any other purpose whatsoever.
3. Participants in the Referral Program are bound by the AYC Code of Conduct. The terms of the Code of Conduct are incorporated into this agreement and form part of it. Any violation of the Code of Conduct in the use of the Site therefore constitutes a violation of this agreement.
4. The use of the Site or Referral Program for commercial purposes is prohibited unless prior expressed written permission is granted. Spamming, phishing, bullying, discriminatory or hateful communications, malicious content and other misuse of the Site or Referral Program are strictly prohibited.
Warranties & Disclaimer
5. While the Site and Referral Program are administered with reasonable efforts to include accurate and up-to-date information, AYC makes no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or representations in the content of the Site.
6. AYC has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information voluntarily or involuntarily made public through the Site. If you choose to provide any of your personally identifiable information, you do so at your own risk; so be careful about what information you provide.
7. The Site allows the arrangement of physical meetings, the Activities, and event(s) at venues that include, but are not limited to, public areas or private homes. AYC does not supervise these meetings, activities, or event(s) and is not involved in any way with the actions of any individuals at these meetings, activities or event(s). Therefore, AYC has no control over the identity or actions of the individuals who are present at these meetings, activities or event(s) and we suggest that you use caution and sound judgment when attending these meetings, activities and event(s).
8. You acknowledge and agree that your participation in any of the Activities or event(s) scheduled using the Site or in any other way connected to the Site is fully at your own discretion and AYC does not endorse or sponsor any such event(s). You further acknowledge and agree that any activity you participate in during the event(s) shall be purely voluntary and conducted at your own discretion. You hereby assume all risks associated with any of the Activities, including all risks of personal injury or property damage to yourself or others.
Termination
9. You agree that we may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of this agreement.
Release of Liability and Disclaimer
10. 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 or use of the Site, 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) 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 or the Site;
c) 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 or use of the Site;
and
d) 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 during any event(s) or the Activities 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 AYC to the contrary, I will be deemed to have consented to these uses of my personal image and likeness (and those of any children or family accompanying me) 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.