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2023 OCYC JUNIOR SAILING PROGRAM - GENERAL RELEASE AUTHORIZATION
I have applied for permission for my child, ___________________, to participate in the Junior Sailing Program (the “Program”), sponsored by the Ocean City Yacht Club (“OCYC”), Ocean City, New Jersey, for the 2023 summer season. In consideration of my child being permitted to participate in the Program and any related activities and events, being the parent or legal guardian of the above-named child and intending to be legally bound, I agree on behalf of myself and my child, our respective heirs, executors, successors and assigns, as follows:
1. I accept and understand that there are inherent risks involved in the Program’s sailing and related activities and that injuries can and do occur in these activities. The risks include, but are not limited to, slips and falls, injury from docks and slips, equipment failure, capsizing, collision with other craft whether related or unrelated to OCYC, forces of nature, exposure to extreme temperatures, exposure to wild animals and insects or plant life. With full knowledge of the inherent risks involved, I am voluntarily placing my child in the Program, and I agree to assume and accept responsibility for all risks that may be associated with my child’s participation in the Program.
2. I irrevocably and unconditionally waive, release, forever discharge and agree to indemnify, hold harmless and defend OCYC and each of its successors, assigns, agents, directors, officers, representatives, employees and all persons acting by, through, under or in concert with any one of more of them, from any and all losses, charges, complaints, claims, obligations, promises, suits, causes of action, costs and damages and expenses of any nature whatsoever (including reasonable attorney’s fees), which I or my child has or ever had or will have in the future, whether known or unknown, in law or in equity, arising directly or indirectly out of my child’s participation in the Program or activities in any way related to the Program, including but not limited to negligence of any kind or nature or to the transportation of my child for Program activities or medical treatment as provided below.
3. I agree to assume and accept all and full responsibility for any injury, damage or loss to persons or property sustained by OCYC, each of its successors, assigns, agents, directors, officers, representatives, employees and all persons acting by, through, under or in concert with any one of more of them. I certify that I have adequate insurance to cover any injury or damage I may suffer or cause to OCYC, each of its successors, assigns, agents, directors, officers, representatives, employees and all persons acting by, through, under or in concert with any one while participating or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
4. I authorize OCYC’s appropriate employees, agents or representatives to call for medical care or emergency transportation to a medical facility or hospital for my child if, in the opinion of such employees, agents or representatives, medical attention is needed for my child. I further authorize appropriate medical and/or emergency medical treatment for the health of my child. I agree that once emergency medical care and/or emergency transportation to a medical facility or hospital is initiated, OCYC and/or its employees, agents or representatives, shall have no further responsibilities for my child, and I agree to pay all costs associated with such medical care and transportation. I hereby represent that my child is in good health, that there are no special problems associated with the care of my child, and that there are no special health problems that should prevent my child from participating in the Junior Sailing Program.
5. I irrevocably authorize OCYC the right to use all or a portion of my image, name and likeness in all forms and media for all purposes related to the advertisement and business activities of OCYC.
6. I agree that any controversy or claim arising out of or relating to OCYC shall be settled by binding arbitration administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time of the demand. Any arbitration award rendered by the arbitrator(s) may be entered in any Federal or state court having jurisdiction. If the dispute cannot be heard by the AAA for any reason, the dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree on an arbitrator, the parties may petition the appropriate court to appoint one.
7. I agree that the terms of this release agreement are severable. I further agree that I have carefully read, understand and voluntarily accept the terms of this release.