Fairwind Yacht Club Adult Guest and Accompanied Minor

This Hold Harmless Agreement (“Agreement”) is made by and between Fairwind Yacht Club, a non-profit organization (the “Club”), and each Attendee whose name is written below (hereinafter, “Attendee”). The effective date of this Agreement shall be the date of the Club activity.

Acknowledgment and Assumption of Risk. Attendee acknowledges that sailing and related Club activities involve inherent risks, including but not limited to drowning, collision, capsizing, weather conditions, equipment failure, and injury, which may result in serious harm or death. Attendees voluntarily agree to participate and assume all risks, known or unknown. Parents and guardians of Attendees agree to assume all risks, known and unknown, on behalf of any minors.

Hold Harmless. To the fullest extent permitted by law, Attendee, and parents/guardians on behalf of Attendee-minors, shall release, hold harmless, and indemnify the Club, its Directors, Officers, Managers, agents, other Members, and Volunteers, whether or not presently serving, from any and all claims, lawsuits, demands, causes of action, liability, loss, damage, expenses, including reasonable attorney’s fees and costs incurred, and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury, and/or wrongful death), now and in the future, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, or negligence, on the part of the Club, or its Directors, Officers, Managers, agents, other Members, and Volunteers. Parents/guardians signing for minors agree that they are signing voluntarily on behalf of the minor participant and themselves and intend to waive and release all claims allowed by law arising from the minor’s participation in the Activity.

Medical Authorization. Attendee authorizes the Club to obtain medical treatment in an emergency and agrees to be responsible for all related costs. Parents/guardians agree to same on behalf of minors.

Activity Rules and Requirements. Attendee agrees and represents that Attendee, including any minors, will obey all the rules and requirements of the Activity and follow the instructions given by the supervisory personnel in all matters pertaining to the Activity. Attendee further grants the Club, acting by and through the supervisory personnel on the Activity, the right to terminate participation in the Activity if it is determined that such conduct is detrimental or in conflict with the Activity, or is out of harmony with the best interest of the group as a whole.

Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the prevailing Party, if any, shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.

Applicable Law. This Agreement shall be governed exclusively by the laws of California, without regard to conflict of law provisions. If any provision is invalid, the remainder remains in effect. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the state or federal courts of California.

Binding Effect. This Agreement shall be binding on, and shall inure to the benefit of, the Parties hereto and their respective administrators, representatives, successors, and assigns.

Authority to Enter Agreement. Attendee warrants that s/he has the legal power, right, and authority to make this Agreement. Parents/guardians shall execute this Agreement on behalf of Attendee-minors.

Acknowledgment. ATTENDEE WARRANTS S/HE HAS READ AND UNDERSTOOD THIS AGREEMENT AND VOLUNTARILY ACCEPTS ITS TERMS, INCLUDING THE WAIVER OF LEGAL RIGHTS.