In consideration of my attending or participating in activities hosted, organized, operated, sponsored, managed, promoted or endorsed by The Club at Westpoint (The Club), I/we hereby agree on my own behalf as well as on behalf of my family, guests and crew members, as follows:
1. Event Risks: I/we understand and agree that events facilities, or activities hosted, organized, operated, sponsored, managed, promoted, designed, built or endorsed by The Club, including but not limited to activities at The Club or away from The Club (collectively The Club Events) all present varying degrees and types of risk that may not possible to enumerate or anticipate, and I/we freely and knowingly choose to participate in Club Programming despite their risk, and whether such risk is known or unknown.
2. COVID-19 Risks: COVID-19 is a highly contagious disease that can cause illness, injury or death. The Club may take preventative measures, including but not limited to actions recommended by the CDC, the State of California. San Mateo County, or others, to reduce COVID-19 transmission (“Preventative Measures”), but I/we understand and agree that Preventive Measures might not be entirely effective, they might not be undertaken in all areas or at all times, and that COVID-19 exposure and illness may occur even if all possible Preventative Measures have been taken. I/we further understand and agree that The Club is not in a position to validate or verify the efficacy of Preventive Measures, and The Club cannot guarantee a risk-free environment in any location. I/we freely and knowingly choose to encounter any and all such risks while at The Club or engaged in The Club Events, whether known or unknown (“COVID-19 Risks”).
3. COVID-19 Screening: I/we will not attend The Club or participate in any of The Club Events if knowingly infected with COVID-19, or if I/we have an elevated temperature, or if I/we are exhibiting any known COVID-19 symptoms. I/we consent to The Club conducting temperature scans or other non-invasive screening activities as a condition of entry to The Club or The Club Events, and I/we agree to abide by all health-related programs and policies of The Club, but I/we understand and agree that The Club is not providing any medical care or undertaking any medical duties toward me/us.
Release of Liability: To the fullest extent permitted by law, I/we agree to release The Club at Westpoint and all sponsor and host organizations, organizing authorities, race committees, protest committees, judges, referees, arbitrators, officials, volunteers, class associations and all other persons involved in organizing, operating, managing, promoting or sponsoring any of The Club Events or related activities, and all of their officers, directors, agents, employees and members (“Released Parties”), from any and all legal liability or responsibility for personal injury, death, or other loss or harm arising from or related to The Club Events, COVID-19 Risks, or any related activities, and I/we waive any right I/we might otherwise have to sue the Released Parties for negligence or any other cause for which liability may be released under California law.
Assumption of Risk: To the fullest extent permitted by law, I/we agree, as respects Released Parties, to assume all risk of injury, death, or other loss or harm that may arise from presence or participation in Club Programming, whether such risks are known or unknown.
Authorization for First Aid and Medical Treatment: I/we consent and authorize The Club to provide emergency first aid and to arrange for medical assistance and transport to a medical facility in the event of a medical event or emergency, and I/we agree that I/we am solely responsible for any and all associated related costs and expenses.
Photos and Publicity: I/we hereby grant to The Club and its representatives and assigns an irrevocable and unrestricted right to use and publish descriptions, competition results and images of me and of my boat, crew and guests taken during or in connection with any of The Club Events, and I/we agree that The Club owns all rights to them, and The Club and its representatives and assigns may use them for any purpose and in any form, in perpetuity, and without compensation.
Duration of Agreement: This Agreement will remain in effect for the complete 2020 The Club Events season, and it will apply to each Club event and activity in which I/we participate or for which I/we participate.