BYC Indemnification and Liability 2023
- Education and Awareness
Release of Liability, Waiver of Legal Rights and Assumption of Risks
This agreement will affect your right to sue.
In consideration of being allowed to use the premises and facilities owned by the Barrie Yacht Club, I,, hereby understand and agree to this release of liability, waiver of legal rights, and assumption of risk and to the terms hereof as follows:
I understand and hereby agree that sailing includes activities on land and on water (all of which are the “boating activities”) that involve certain risks and dangers incidental thereto. Risks include, but are not limited to:
- Injury from collision with another vessel or stationary objects and from the malfunctioning of equipment and injury or drowning, as a result of capsizing or being swamped by waves from passing vessels or adverse weather. Such risks are increased when the air or water temperature is low creating the risk of hypothermia. I also understand that the physical exertion of the boating activities, including preparing the boat, can result in injury or death. I understand that the inherent nature of being around the water and boats has risks such as slippery docks
- Unpredictable and/or variable weather conditions
- Slipping, tripping and falling, including falling from heights
- Marked and unmarked obstacles
- Natural or manmade features or objects
- Changes or variations in terrain or water conditions, surface and subsurface conditions • Rocks, tree stumps, exposed roots, rock drops, holes and potholes
- Wet and/or slippery surfaces or terrain
- Debris on premises
- Collision with, or being struck by, other guests, vehicles, equipment, structures or property
- Encounter with wildlife, poison ivy or insects
- Acts of other participants
- Carelessness and misjudgments on the part of other participants or BYC staff
- Entanglement with equipment
- Equipment malfunction or breakdown
- Negligent design and/or construction of facilities
- Cuts, bruises, sprains, fractures, fatigue, overexertion, aggravation of pre-existing injuries or conditions
- Transmission of communicable diseases, viruses and bacteria
- Failure to act safely or within one’s own ability or to stay within designated areas
- Failure to follow instructions
- Negligence of other persons, including guests
- NEGLIGENCE ON THE PART OF THE BARRIE YACHT CLUB OR ITS STAFF OR VOLUNTEERS
I further agree and acknowledge for myself and/or my minor child(ren)/wards:
We are responsible for being medically fit to engage in the activity of sailing and I confirm that I/we can swim and that I/we am in good health and do not suffer from a heart condition or other ailment that could be exacerbated by the exertion involved in the sport.
We agree to be bound by the rules established by the Barrie Yacht Club.
In spite of and fully understanding such risks and other risks not expressly stated I/we wish to participate in the boating activities at the Barrie Yacht Club and hereby assume all the risks of doing so.
In consideration of the Barrie Yacht Club, agreeing to allow us to participate in the boating activities accompanied or unaccompanied (meaning with or without a safety/coach boat), using the host site’s public equipment and permitting use of club facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree not to hold Barrie Yacht Club, Ontario Sailing, their directors, officers, employees, agents, coaches, independent contractors, subcontractors and representatives, all of whom are hereinafter referred to as the “RELEASED PARTIES”, liable for our personal injury, death, and/or property loss, and;
TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE RELEASED PARTIES AND TO RELEASE THE RELEASED PARTIES from any and all liability for any loss, damage expense or injury including death that I may suffer or that my kin may suffer as a result of my participation in the boating activities, on land or on water, due to any cause whatsoever, including NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASES AND FURTHER, INCLUDING FAILURE ON THE PART OF THE RELEASED PARTIES TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE BOATING ACTIVITIES REFERRED TO ABOVE.
I agree to hold harmless and to indemnify the RELEASED PARTIES from any and all liability for any property damage or personal injury to any third party resulting from our participation in the boating activities. I agree that this agreement shall be binding upon my heirs, next of kin, executors, administrators and assigns in the event of my death. In entering into this agreement, I am not relying on an oral or written representation or statements made by the RELEASED PARTIES with respect to the safety of the boating activities other than as set forth in this agreement.
This Agreement is to be construed in accordance with the laws of the Province of Ontario and any litigation arising from this Agreement shall be brought within the exclusive jurisdiction of the Courts of the Province of Ontario.
I,, have read and understood this agreement and I am aware that by entering these premises I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, and assigns may have against the RELEASED PARTIES. Where I have signed this agreement on behalf of someone else, I declare that I have the authority to do so.