There are many risks when sailing as a fully able-bodied sailor, and even more when sailing as a sailor with a disability. The regular risks of sailing include, but are not limited to:

(i) loss or damage to or destruction of personal property, (ii) getting too warm, getting too cold and exposure to inclement weather or sea conditions, (iii) exposure to fire, flame, smoke and other hazards, (iv) getting seasick, (v) becoming thirsty and hungry, (vi) getting sunburned and windburned, (vii) pinches, scrapes, twists and jolts that may result in cuts, scratches, bruises, sprains, lacerations, fractures or concussions, (viii) getting hit by a boom, (ix) getting a limb caught in a rapidly tightening line, (x) becoming separated from the skipper or other companions, (xi) injury or death due to collision with other vessels or obstacles on the ground, in the water or in the air, (xii) injury or death while waiting for, boarding or exiting the vessel, (xiii) delay of prompt medical attention, (xiv) mental stress or stress-related illness, (xv) exposure to aggressive and/or poisonous marine life, insects and wild animals, and (xvi) falling into the bay and suffering serious injury (including hypothermia) or drowning.

Furthermore, BAADS skippers, dockmasters and volunteers have difficult jobs to perform. They seek safety but are not infallible and might be ignorant of your fitness or abilities. They might misjudge the weather, elements or the terrain, and they might give inadequate warnings or instructions, and the equipment being used might malfunction.

It is your responsibility to ensure that you are secure before sailing. You must inform your skipper about your needs, medical and physical limitations before and during your outing, including if you feel any sickness or discomfort on board the vessel. You must inform your skipper of any unusual susceptibility to cold, heat, or seasickness. Do not consume intoxicating drugs or alcohol before or during any Sailing Activities, and do not smoke on any BAADS or South Beach Yacht Club watercraft or on any adjacent dock.

BAADS tries to make reasonable accommodations available for your safety and comfort, but it is your responsibility to be prepared. You must bring any cushions, straps, or other supports that you need to be safe and comfortable. Wear appropriate sun protection, clothing, and a life vest on any BAADS or South Beach Yacht Club vessel. Participants younger than 12 years old must also wear a life vest on any BAADS or South Beach Yacht Club vessel as well as on any adjacent dock.

You must promptly follow the instructions of the program directors, dockmasters, and skippers. If you fail to follow any of the requirements listed above, your permission to participate in Sailing Activities may be revoked.

In consideration for the opportunity to participate in Sailing Activities, I hereby agree, on behalf of myself (including my participating child, if applicable), my executors, administrators, heirs, next of kin, personal representatives, successors and assigns to the following terms.

1) Assumption of Risk. I have fully reviewed the Warnings of Sailing Hazards and Acknowledgement of Sailing Requirements and voluntarily elect to participate in Sailing Activities and to assume all risks associated with Sailing Activities.

2) Waiver and Release of Liability. To the maximum extent permitted by applicable law, I hereby waive, release, and forever discharge and hold harmless BAADS and its directors, officers, employees, agents, or legal representatives in their capacity as such (BAADS together with these individuals together or individually, “BAADS Representatives”), from any and all claims, demands, actions, obligations, damages, losses, suits, costs, expenses, and other liabilities of whatever kind, character or nature (including any claims which allege negligent acts or omissions of BAADS Representatives), either in law or in equity including attorney fees and costs that have already arisen or that later arise as a result of, or relate directly or indirectly to, my participation in Sailing Activities (collectively, the “Liabilities”). I will not sue or otherwise make a claim, or help anyone else sue or otherwise make a claim against BAADS Representatives in relation to any Liabilities or Sailing Activities.  

I understand that this release discharges BAADS Representatives from any Liabilities with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Sailing Activities.

I waive all rights, defenses and benefits that I have now or in the future under the provisions of California Civil Code section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I waive all rights, defenses and benefits that I have now or in the future under the law of any other state or jurisdiction, or common law principle, to the same or similar effect as California Civil Code section 1542.

3) Indemnification. I will hold harmless, defend (at BAADS’s option), and indemnify BAADS Representatives against all Liabilities suffered or incurred by BAADS Representatives and arising from my participation in Sailing Activities.

4) Insurance. I understand that BAADS does not have and does not provide any health, medical or disability insurance coverage for me and that I am expected to carry my own personal liability, medical, and health insurance coverage while engaging in Sailing Activities.

5) Medical Treatment. To the maximum extent permitted by applicable law, I hereby waive, release, and forever discharge and hold harmless BAADS Representatives from any Liabilities that have arisen or that do arise on account of any first-aid, treatment or other medical services rendered in connection with Sailing Activities, or with the decision by any representative or agent of BAADS to exercise the power to consent to medical or dental treatment as such power may be granted and authorized in any parental authorization for treatment of a minor child.

6) Governing Law and Jurisdiction. If I file a lawsuit against BAADS Representatives, I agree to do so solely in San Francisco, California, and I further agree that the substantive law of the State of California will apply in that action without regard to the conflict of law rules or that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion will remain in full force and effect.

We live in an age of social media where people take photos and videos of most things. BAADS is no exception. You must inform your skipper or a dockmaster if you wish not to be photographed or recorded. You should also ask those in your boat and on the dock to refrain from photographing or recording you if you would prefer they did not. It is your responsibility to inform those around you.

In consideration for the opportunity to participate in Sailing Activities, I hereby agree, on behalf of myself (including my participating child, if applicable), my executors, administrators, heirs, next of kin, personal representatives, successors and assigns to the following terms.

1) I hereby grant to BAADS the non-exclusive right: (i) to photograph, film, tape, or otherwise record or capture my appearance in any and all BAADS activities, including without limitation my statements, performance, likeness, voice, name, identity, and other personal characteristics (“Appearance”); (ii) to edit, reformat, and otherwise modify and prepare derivative works of the resulting photographs and recordings (“Recordings”); (iii) to reproduce, publish, distribute, and exhibit such Recordings in any media and throughout the world; and (iv) to authorize others to reproduce, publish, distribute, and exhibit such Recordings.

2) I hereby acknowledge that BAADS will be the exclusive owner of the Recordings, including all intellectual property rights thereto, and to any proceeds from the Recordings and use of my Appearance in the Recordings.

3) I hereby waive and release each BAADS Representative from all claims I may have arising out of or in connection with the use of my Appearance as permitted above. I acknowledge that no BAADS Representative incurs any obligation to me as a result of my participation in the Recordings, information or materials in connection with any Recordings, or the use, as permitted above, of the Recordings or my Appearance.

Respect. Communication. Appreciation.

To further our mission of making sailing accessible (and safe and fun!) to a wide range of people, with or without disabilities, we ask all volunteers and participants to follow these basic guidelines:

1) Be nice! Be open-minded, inclusive, and respectful toward other volunteers and participants. Do not engage in violent or aggressive behavior.

2) Listen and communicate. BAADS seeks to make all aspects of sailing accessible to every volunteer and participant. Before casting off, your skipper will review your ability to understand and follow instructions. Your skipper will make reasonable accommodations or available to permit your maximum desired participation in sailing the vessel. Help your skipper to prepare such accommodations.

3) Wear a name tag in the South Beach Yacht Club.

4) Ask a BAADS program director, dockmaster, or skipper to clarify these guidelines or any other instructions, as necessary.

BAADS reserves the right to revoke the participation of anyone who does not follow the Code of Conduct.