Agreement: Sail Newport Rules and Policies, Waiver of Liability and Assumption of the Risk, and Photographic Waiver

Sail Newport J/7 Training Clinics and Sailing
I, who wish to participate in a Sail Newport Event, agree to the following:
Sail Newport Rules and Policies regarding the use of a Sail Newport J/7 in a Sail Newport activity

1. USCG Approved PFDs must be worn at all times by anyone on board.

2. Sailors/Teams may NOT adjust the standing rigging (shrouds) nor the jib halyard tension.

3. Alcohol/drugs are not allowed on any Sail Newport vessel, at any time. Nor is any crew member be onboard a Sail Newport boat while impaired due to the use of legal or illegally substances. Violation of this policy will result in immediate forfeiture of the entire charter fee, with no refund, and a ban from the use of the Sail Newport fleet for a minimum of the remainder of the season.

4. First and foremost, sailboat racing is meant to be SAFE and FUN. I understand that I am competing under the Racing Rules of Sailing (RRS) and will abide by those rules. I understand that sailing is NOT a contact sport, and that the bow and stern fenders on the SN J/7s are there to protect the boats while at the docks/moorings, not to encourage close quarters maneuvering on the racecourse. I will make every effort to avoid ANY and ALL contact with other boats while racing, even if this means giving “room” even when I am not required to do so under the RRS.

5. A reminder that Narragansett Bay is a restricted channel and sailing vessels do not have the right-of-way over a vessel under power that may be restricted in her ability to maneuver. All sailors are reminded to keep a clear lookout at all times. Any Sail Newport J/7 that causes a ship to sound “five horns” (the international maritime distress signal made by a vessel that is unsure about the intentions of another vessel) will forfeit participation in the remainder of the series and their right to rent at Sail Newport, without refund.

WAIVER OF LIABILITY AND ASSUMPTION OF THE RISK

I, for myself and on behalf of my family, estate, heirs, executors, administrators, successors, assigns and next of kin (collectively, “I”) voluntarily agree to assume all risks associated with myself using the Sail Newport Facility and sailboats at Fort Adams State Park including, but not limited to, all shoreside areas, all docks and piers, and at all times while on the water. In consideration for my participation in any activity at SN, I hereby agree, to the fullest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and covenant not to sue, SN, DEM, the State of Rhode Island, and each of their affiliated companies, entities or subsidiaries, and their partners, employees, agents, representatives, volunteers, officers, directors, officials, sponsors, donors, and advertisers (collectively, the “Releasees”), from any and all loss, claim, liability or expense (“Claims”), including but not limited to Claims for property damage, personal injury, disability, illness or death, including but not limited to Claims arising from the alleged negligence of the Releasees, and Claims arising from the use of the facility for participation and practice for a regatta at Sail Newport.

PHOTOGRAPHIC WAIVER
Furthermore, I understand that by my participating in a sailing activity at Sail Newport, I automatically grant to Sail Newport and its sponsors the right in perpetuity to make, use and show, from time to time at their discretion, any motion pictures and live, taped or filmed television and other reproductions of me during the period of the competition or thereafter without compensation.

ACCEPTANCE
I understand that by indicating my acceptance of this waiver I am 18 years of age or older and I am creating a legally binding document and agree to be bound by the laws of R.I. where I will participate in a Sail Newport sailing activity.
Please consult legal advice for further clarification. Do not proceed with this form if you are not in agreement with its terms.