Adult Waiver & Indemnity Form
PARTICIPANT WAIVER AND RELEASE OF LIABILITY
(PLEASE READ CAREFULLY BEFORE SIGNING)
In consideration of being allowed to participate in any way in the sailing programs, sailing classes, and any related events and activities, or being permitted to rent, operate or utilise any boat or equipment (together the “Events”), hosted, organized or owned by U SAIL BERMUDA, a local company incorporated under the laws of the Islands of Bermuda (“U Sail”), the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from the activities involved in the events is significant, including the potential for permanent paralysis and death, and while particular rules, safety precautions and equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation; and,
3) I understand that U Sail does not insure participants in the above described events, that any coverage would be through personal insurance, and that U Sail has and no responsibility or liability for any injury resulting from the events.
4) I willingly agree to comply with the stated and customary terms and conditions for participation in the events. If, however, I observe any unusual significant hazard during my presence or participation in the events, I will remove myself from participation and bring such to the attention of the nearest U Sail official or instructor immediately; and,
5) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RE-LEASE AND HOLD HARMLESS U Sail and any and all of its directors, officers, officials, committee members, agents, and/or employees, other participants, and if applicable, owners and lessors of premises used to conduct the Events (together the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
6) I understand that U Sail Bermuda has taken every reasonable action to reduce the risk of coronavirus (covid-19) infection but there remains a small degree of risk.
7) I agree that if any portion of this document is held to be invalid, the remainder will continue in full legal force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Please complete the following information below:
Next of Kin Information:
I am aware that all water sports are physical activity and can be strenuous. I declare that to the best of my knowledge I am not suﬀering from any health condition that causes me to be unﬁt for water sports activities, and that I am ﬁt to rent a boat or participate in any instructional course. In an emergency situation which happens at the centre of U Sail Bermuda, I give permission for qualiﬁed ﬁrst aid U Sail Bermuda staﬀ and volunteers to administer any ﬁrst aid treatment or medication, to call the emergency services and give my full permission for any treatment required to be carried out in accordance with the medical staﬀ diagnosis. Please note that U Sail Bermuda management, instructor staﬀ or volunteers which are qualiﬁed with a RYA First Aid Certiﬁcate or equivalent are not responsible for anything that occurs at any time and therefore cannot be made liable.
Do you have any current or long-term medical conditions that we should be made aware oﬀ? (such as asthma)
If YES, please specify in space below:
Can you swim 50m in light clothing? Please Tick Box YES or NO
Please note that we may take photos for a promotional purpose for use on our website, social media and brochures.
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Sailing Experience (If Any, Optional):
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All water participants are required to wear appropriate personal buoyancy aids of at least 50N or windsurf harnesses. Helmets are available on request.
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