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Waiver

The undersigned, on behalf of myself and my heirs, executors, administrators and assigns, in consideration of the being permitted to participate in the Etobicoke Yacht Club’s (“Club”) Racing Program (“Program”) and other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, do hereby jointly and severally release and forever discharge the Club and any affiliated organizations, as well as all past and present directors, officers, insurers, agents, representatives and employees of all of the foregoing from all actions, claims, debts, sums of money, liens, accounts, expenses, obligations, costs and liabilities of any kind or nature whatsoever in law, in equity or otherwise (“Claims”), which may arise out of or in any way related to my participation in the Program.

    IT IS UNDERSTOOD AND AGREED that I shall not make, commence or continue any Claims or proceedings against the Club in respect of any matters released by this Release, or against anyone who may claim contribution and indemnity against the Club, in any court of law or under the provisions of any legislation. I hereby agree and consent to a dismissal, without costs, of any such Claim or proceeding.

    I REPRESENT AND WARRANT that, as the owner, charterer or person otherwise in charge of a boat participating in the Program, that at all times when participating in the Program, the boat will be properly registered, will have proper and adequate public liability and property damage insurance in place in accordance with Club By-laws, Rules and Policies, that the boat and it’s equipment will be fit and appropriate for competing in the Program and that the crew of the boat will be familiar with the location and use of all safety equipment on the boat.  

    I FURTHER REPRESENT AND WARRANT that, as the owner, charterer or person otherwise in charge of a boat participating in the Program,  I and the crew of the boat will adhere and obey all provisions of the Club’s By-laws, Rules and Policies, any applicable Notices of Race and Sailing Instructions for the Program, the Racing Rules of Sailing, and in particular Rule 4 of the Racing Rules of Sailing dealing with Decision to Race, as well as all applicable laws and the rules of good sportsmanship.

    I FURTHER REPRESENT AND WARRANT that I have reviewed the Ontario Government’s applicable Ministry Approved Concussion Awareness Protocol and the Ontario Sailing Athlete Concussion Code of Conduct and commit to abide by that Code of Conduct.

    AND ALL OF THE FOREGOING, shall enure to the benefit of the Club and its successors, heirs, executors, administrators and assigns.    

    I ACKNOWLEDGE THAT:

(a)    I have had an adequate opportunity to read and consider this Acknowledgement, Release and Indemnity and to obtain such advice as I consider advisable;

(b)    I understand the Acknowledgement, Release and Indemnity the consequences of signing it;

(c)    facsimile transmitted copies, scanned and emailed copies or photocopies of this Acknowledgement, Release and Indemnity shall be as effective and legally binding as the original; and

(d)    I am signing the Acknowledgement, Release and Indemnity voluntarily, without coercion and without reliance on any representation, expressed or implied, by the Club.