49208
Tentmaker
While looking at the US Sailing prescriptions for life jackets, I came across this:
Rule 75.3 Add rule 75.3
75.3 US SAILING prescribes that the organizing authority shall not require a competitor to assume any liabilities of the organizing authority, race committee, protest committee, host club, sponsors, or any other organization or official involved with the event. (This is
commonly referred to as an ‘indemnification’ or ‘hold harmless’ agreement.)
Below is a waiver, from a registration form.. Notice what I highlited. I'm the first to admit legalize is a foreign language to me, but it sounds like based on the prescription above, no one has to sign it.
Am I misreading the prescription ? If not, why bother putting the waiver on the registration form ?
WAIVER AND RELEASE - In consideration of the acceptance of this entry, I hereby agree that the safety of my boat and her crew, including the decision whether or not to wear life jackets, and the decision whether or not to start or continue to race, is my responsibility and not that of any person sponsoring or undertaking such race. I hereby forever and irrevocably waive, release and discharge any and all claims, liability, loss, or damages, including but not limited to claims for property damage, personal injury or death, which I may have or in the future acquire against xyz Yacht Club, its officers, governors, members, employees, volunteers or agents, arising out of or in any way connected with my participation in any race or other activity sponsored or undertaken by any of them, even though such liability may arise out of their negligence or carelessness. I understand that serious accidents occasionally occur during sailboat racing, and that participants in sailboat racing occasionally sustain mortal or serious personal injuries and/or property damage as a consequence, and I knowingly assume all of the risks of sailboat racing. I agree that this waiver is binding on my heirs, representatives, successors and assigns.
Rule 75.3 Add rule 75.3
75.3 US SAILING prescribes that the organizing authority shall not require a competitor to assume any liabilities of the organizing authority, race committee, protest committee, host club, sponsors, or any other organization or official involved with the event. (This is
commonly referred to as an ‘indemnification’ or ‘hold harmless’ agreement.)
Below is a waiver, from a registration form.. Notice what I highlited. I'm the first to admit legalize is a foreign language to me, but it sounds like based on the prescription above, no one has to sign it.
Am I misreading the prescription ? If not, why bother putting the waiver on the registration form ?
WAIVER AND RELEASE - In consideration of the acceptance of this entry, I hereby agree that the safety of my boat and her crew, including the decision whether or not to wear life jackets, and the decision whether or not to start or continue to race, is my responsibility and not that of any person sponsoring or undertaking such race. I hereby forever and irrevocably waive, release and discharge any and all claims, liability, loss, or damages, including but not limited to claims for property damage, personal injury or death, which I may have or in the future acquire against xyz Yacht Club, its officers, governors, members, employees, volunteers or agents, arising out of or in any way connected with my participation in any race or other activity sponsored or undertaken by any of them, even though such liability may arise out of their negligence or carelessness. I understand that serious accidents occasionally occur during sailboat racing, and that participants in sailboat racing occasionally sustain mortal or serious personal injuries and/or property damage as a consequence, and I knowingly assume all of the risks of sailboat racing. I agree that this waiver is binding on my heirs, representatives, successors and assigns.