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Make sure you agree with CBSC Sailing School's terms of service before submitting your order:

COMOX BAY SAILING CLUB - WAIVER The Electronic Transactions Act of British Columbia, SBC 2001, C:10 provides that a contract may be entered into by clicking on an appropriately designated icon on a computer screen, as is provided for this web site! Persons purchasing a membership or course or program or lesson or race entry for another, accept the Release Agreement as agent of the user. Please provide the user a copy of this Release Agreement or have the user read this Release Agreement online. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AND INDEMNITY RELEASE AGREEMENT (hereinafter referred to as the "Release Agreement" BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO CLAIM COMPENSATION OR SUE SHOULD YOU BE INJURED. PLEASE READ CAREFULLY! TO: Comox Bay Sailing Club and its directors, managers, officers, employees, members, volunteers, agents, representatives, contractors, subcontractors, sponsors, the occupiers of facilities where Activities are held, successors, and assigns (hereinafter collectively referred to as "THE RELEASEES"). Definition - This Release Agreement shall apply to all activities, events, or services provided, arranged, organized, sponsored or authorized by the RELEASEES, including but not limited to: sailing, (lessons, races, events, boat and equipment loans or rentals), facility usage, boat or equipment storage, drinks and meals, swimming, loading and unloading of boats or equipment, transportation or travel to and from locations used for the Activities; (hereinafter referred to as "the Activities"). Acknowledgement - Each participant and their family must assess their own individual risk of exposure to COVID-19 acknowledging that engaging in any activity outside of one’s home at this time exposes a person or people within their social bubble to the risk of contracting COVID-19 even if all precautions and protocols are adhered to. If any participant’s family member has any of the above-noted COVID-19 symptoms, they must remain home, self quarantine and not participate in sailing activities. Safety - I acknowledge that the risk of injury from the Activities is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury and death does exist. I acknowledge that I have been advised to wear a personal flotation device (lifejacket) at all times while in a boat. Assumption of Risks - I am aware that sailing is a physically and mentally demanding activity carried out in an unpredictable environment and that my participation in the Activities include risks of every nature, but not limited to: slips and falls while boarding or disembarking from the boat or other watercraft; slips and falls around a dock; overturning of the boat, hypothermia due to exposure to very cold water, drowning; variations in the water conditions, surfaces and currents, including high waves and tides, inclement weather conditions including storms, high wind and lightning, sudden wind shifts and wind gusts, sudden and unexpected immersion in deep waters; collision with other watercraft or seaplane or stationary objects such as docks, pilings, buoys, and submerged boats; entanglement; being struck by boat equipment, boat boom or spar; equipment failure; being lost in unknown territory; sunburn, dehydration, allergy reaction to insect; ingesting contaminants in the sea; inability to obtain emergency medical assistance due to remoteness of location; negligent first aid; encounter with domestic or wild animal; becoming separated from the instructor or group; failure to act safely or within one's ability or to stay within designated areas; and negligence of other persons. I AM AWARE THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES IS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, SOME OF WHICH ARE REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. Release of Liability and Waiver of Claims and Indemnity Release Agreement - In consideration of the RELEASEES allowing me to participate in the Activities and permitting my use of their equipment, if any, and for other good and valuable consideration, the receipt of which is acknowledged, I hereby agree as follows: 1. TO WAIVE ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury including death, that I may suffer, or that my next of kin may suffer as a result of my participation in the Activities, DUE TO ANY CAUSE WHATSOEVER INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY OTHER STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my, or my child's participation in the Activities. I FURTHER AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claim or action for loss, damage, expense or injury including death that my child may suffer as a result of my child's participation in the Activities. Where any claim is asserted, by or on behalf of my child, I shall, at my own expense defend, protect and save harmless the Releasees against said claim or action for any loss or liability resulting therefrom. Should I fail to do so, then the Releasees shall have full rights to defend, pay or settle the said claim or action on their behalf without notice to me for damages, fees, disbursements, costs, and payments made or agreed to be paid to discharge the said claim or action, at my own expense. I agree to pay all reasonable fees, disbursements, and costs necessary to enforce this indemnification Release Agreement. 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. 4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. 5. Any litigation involving the parties to the Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia. 6. I am responsible for all costs of ambulance, rescue or medical attention rendered to me or for my benefit arising from the Activities and I indemnify and hold harmless the Releasees from any and all liability in respect of any and all such costs. 7. It is a condition of participation in any recreational activity or program or off-site event registered at or provided by the City of Courtenay, that the participant does so at his/her own sole risk and the City of Courtenay, its agents, servants, and employees are not liable in any case for any loss, damage, or injury resulting from or in connection with such participation. MARINE LIABILITY ACT - The Marine Liability Act, S.C. 2001, c.6, may limit the liability of the Releasees in the event of an accident resulting in injury or death. In entering into this Release Agreement I am not relying on any oral or written representation or statements made by the Releasees with the respect to the safety of the Activities other than what is set forth in this Release Agreement, and confirm that I HAVE THE LEGAL CAPACITY TO SIGN. Persons purchasing a course or program or lesson for another, accept the Release Agreement as agent of the user. A copy of the Terms of Sale and Release Agreement will be emailed on completion of sale. Personal Information - I agree that my (or my child's) full name, address, email and date of birth can be provided to BC Sailing and Sail Canada as part of my (or my child's) Sail Canada CANSail progress reporting, through a third party application called Checklick. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES AND DO SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. Signed if 19 years old or older: Parent / Guardian Signature (required if participant is under 19 years old) :

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