NOTICE - BY AGREEING TO THIS DOCUMENT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of being allowed to charter a boat for use in watersport events and activities and/or being provided with water sport recreational property or services (collectively the "Charter") provided by St. Croix Youth Sailing Association, Inc. (the "YSA"), for myself and any minor children for whom I am a parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the YSA arising out of the Participant's participation in the Activities or the use of any equipment provided by the YSA ("Equipment"), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the YSA, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the YSA, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the YSA, its owners, affiliates, operators, employees, agents, · and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
4) TO INDEMNIFY the YSA, its owners, affiliates, operators; employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training;
5) TO ACKNOWLEDE RISKS that some, but not all, of the risks of participating in a watersport activity include: (1) Changing water flow, tides, currents, wave action and ships' wakes; (2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects: (3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; (5) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning; (6) The presence of insects and marine life forms; (7) Equipment failure or operator error; (8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; (9) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident;
6) TO EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY and agree to assume responsibility for all the risks of the Charter, whether identified above or not, (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/our participation in the Charter is purely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in the Charter (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). The participant agrees to wear a US Coast Guard approved personal flotation device and approved helmet while riding in any watercraft; and
7) TO RELEASE ST. CROIX YOUTH SAILING ASSOCATION, INC., its principals, directors, officers, agents, employees and volunteers, their insurers, and each and every landowner, municipal and/or governmental agency upon whose property the Charter is conducted ("owner") and their insurers, if any, (Collectively "Releasees") FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS as a result of my/our participation in the Charter, EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the YSA and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.