Moraine Sailing Club
Waiver and Release of Liability
In consideration of the permission to use the property, equipment, facilities and services of the Moraine Sailing Club, Inc., I/We, the undersigned, on behalf of myself, and all family members, including all family members or guests under the age of 18, agree to release and hold harmless, and agree not to sue, the Moraine Sailing Club, Inc., its officers and directors, volunteers and agents, and the Commonwealth of Pennsylvania, the Department of Conservation and Natural Resources, and Moraine State Park, from all claims arising from any form of negligence resulting in death or injury of any person or damage to property.
I/We also agree to hold the Moraine Sailing Club, Inc. harmless from damages to boats, equipment or property while participating in activities conducted by the Moraine Sailing Club, Inc. I further agree to indemnify Moraine Sailing Club, Inc. for all costs and attorney's fees involved in the investigation and defense of any claims if a claim is withdrawn or to the extent a final court ruling determines that Moraine Sailing Club, Inc. is not responsible for damages.
Sailing, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Some of these risks place stress on the cardiovascular and musculoskeletal systems. The specific stresses may vary among participants, but may range from minor injuries, such as scratches and bruises, to major injuries such as loss of sight or joint and back injuries or concussions or heart attacks, to catastrophic injuries including death from drowning.
I have read the previous paragraphs, and know the nature of the activities with Moraine Sailing Club, Inc. I understand and appreciate the types of injuries which may occur as a result of the activities made possible by participating in the programs offered by the Moraine Sailing Club, Inc. I hereby assert that my participation is voluntary and that I knowingly assume all risks.
I/We make this waiver and release with knowledge of the inherent risks of the activity of sailing, and that this waiver and release is made voluntarily and freely. I understand that I am giving up substantial rights, including the right to sue, and acknowledge that my signature below intends to be a complete and unconditional release of all liability to the greatest extent allowed by law in the Commonwealth of Pennsylvania.
MEDICAL TREATMENT AUTHORIZATION AND LIABILITY WAIVER: I/We agree it is my sole responsibility to be familiar with the Moraine Sailing Club, Inc.'s rules, guidelines, special regulations, and other instructions for the activity. I understand and agree that situations may arise during the activity that may be beyond the immediate control of Moraine Sailing Club, Inc. I will follow all safety rules, guidelines, applicable laws, and other instructions given. I will wear required safety equipment, including wearing a PFD at all times while in any club owned watercraft or on the docks. I have no physical or medical condition that to my knowledge would endanger others or myself if I participate in this activity, or would interfere with my ability to participate in this activity. I grant Moraine Sailing Club, Inc., permission to treat me (or my minor child) in case of illness, injury, emergency, or accident, including administering first aid, CPR, AED, or arranging emergency transport of the participant to a medical treatment facility should it be warranted. Should emergency medical services become necessary, I understand that the expenses are my responsibility and not that of the Moraine Sailing Club, Inc. Personal medical and travel insurance is strongly advised for all participants.
PHOTO AND MEDIA WAIVER: I hereby grant full permission for Moraine Sailing Club, Inc., and their respective officers, board members, agents and any other involved parties of the foregoing to take and use photographs, video, film, or any other record of all club activities, including my name, likeness and/or voice for any legitimate purpose, including for advertising display, audiovisual presentations, web site postings or otherwise. I waive any right of privacy, publicity, compensation, copyright or other rights to those images.
Consent and Release of Parent or Guardian
(Only to be filled out for participants under the age of 18)
I am the parent or guardian of a minor child enrolled in activities of the Moraine Sailing Club, Inc. The Minor is fit for this activity and I consent to the Minor’s participation. In consideration of allowing the Minor to participate, I consent to the club's release and waiver of liability and agree that ALL OF ITS TERMS SHALL LIKEWISE BIND ME, THE MINOR, my heirs, legal representatives, and assignees. I HEREBY RELEASE THE MORAINE SAILING CLUB, INC., FROM EVERY AND ALL CLAIMS AND ANY LIABILITY THAT I AND/OR THE MINOR MIGHT ALLEGE AGAINST THE MORAINE SAILING CLUB, INC. as a direct or indirect result of injury to me or the Minor because of my or the Minor’s participation in this activity. THIS IS SO WHETHER CAUSED BY THE NEGLIGENCE OF THE MORAINE SAILING CLUB, INC. or others. I PROMISE NOT TO SUE MORAINE SAILING CLUB, INC. on my behalf or on behalf of the Minor regarding any claim arising from the Minor's participation in the activity. ON BEHALF OF MYSELF AND THE MINOR I ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MORAINE SAILING CLUB, INC. FROM EVERY POSSIBLE CLAIM AND ANY LIABILITY that might result from our participation.
I HAVE READ AND I UNDERSTAND ALL OF THE PROVISIONS OF THIS DOCUMENT. I UNDERSTAND THAT MORAINE SAILING CLUB, INC. IS RELYING UPON MY CONSENT AND WOULD NOT PERMIT THE MINOR TO PARTICIPATE IN THE ACTIVITIES OF THE CLUB IF I DID NOT INDICATE MY CONSENT TO THIS RELEASE. I AM INDICATING MY CONSENT TO THIS RELEASE VOLUNTARILY AND WITHOUT ANY COERCION.
I permit the use of any photos, slides, films, or sketches of the Minor taken during the day’s activities for publicity, advertising, promotion, or other commercial purpose. The above agreement shall be binding on my heirs, successors, assigns, administrators, and executors.
In addition I consent that MORAINE SAILING CLUB, INC.'S volunteers are authorized to provide first aid and/or obtain or consent to medical care, including emergency room treatment, hospitalization, surgical treatment, and/or other medical care for the Minor.
This agreement is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children and other family members.