R12, 2023-05-26

NOTE: U Sail Castle Harbour does not accept paper waivers, please submit electronically.

Adult Waiver & Indemnity Form

PARTICIPANT WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to participate in any way in the sailing programs, sailing classes, and any related events and activities, or being permitted to rent, operate or utilise any boat or equipment (together the “Events”), hosted, organised or owned by U SAIL WATERSPORTS, a local company incorporated under the laws of the Islands of Bermuda (“U Sail”), the undersigned acknowledges, appreciates, and agrees that:

1) The risk of injury from the activities involved in the events is significant, including the potential for permanent paralysis and death, and while particular rules, safety precautions and equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,

2) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation; and,

3)  I understand that U Sail does not insure participants in the above described events, that any coverage would be through personal insurance, and that U Sail has and no responsibility or liability for any injury resulting from the events.

4) I willingly agree to comply with the stated and customary terms and conditions for participation in the events. If, however, I observe any unusual significant hazard during my presence or participation in the events, I will remove myself from participation and bring such to the attention of the nearest U Sail official or instructor immediately; and,

5) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RE-LEASE AND HOLD HARMLESS U Sail and any and all of its directors, officers, officials, committee members, agents, and/or employees, other participants, and if applicable, owners and lessors of premises used to conduct the Events (together the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

6) I understand that U Sail Watersports has taken every reasonable action to reduce the risk of coronavirus (covid-19) infection but there remains a small degree of risk.

7) I agree that if any portion of this document is held to be invalid, the remainder will continue in full legal force and effect.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Please complete the following information below:

Please enter your full name.

Health Declaration:

I am aware that all water sports are physical activity and can be strenuous. I declare that to the best of my knowledge I am not suffering from any health condition that causes me to be unfit for water sports activities, and that I am fit to rent a boat or participate in any instructional course. In an emergency situation which happens at the centre of U Sail Watersports, I give permission for qualified first aid U Sail Watersports staff and volunteers to administer any first aid treatment or medication, to call the emergency services and give my full permission for any treatment required to be carried out in accordance with the medical staff diagnosis. Please note that U Sail Watersports management, instructor staff or volunteers which are qualified with a RYA First Aid Certificate or equivalent are not responsible for anything that occurs at any time and therefore cannot be made liable.

Medical Information

Do you have any current or long-term medical conditions that we should be made aware off? (such as asthma)

If YES, please specify in space below:

Can you swim 50m in light clothing? Please Tick Box YES or NO

Next of Kin Information:

Ideally Someone on the land

Promotional Statement:

Please note that we may take photos for a promotional purpose for use on our website, social media, brochures, Rosewood Tucker's Point Club Newsletter and videos.

To opt out of photos for promotional purposes.

Please Tick Box.

Mailing List and Data Protection:

U Sail Watersports has a privacy policy of how your data is being used. We will not send you any marketing promotional materials to you unless you have given permission, as per our privacy policy, the RYA privacy policy and the Bermuda Data Protection Act.

To opt in of subscribing to our mailing list.

Please Tick Box

Sailing Experience (If Any, Optional):


All water participants are required to wear appropriate personal buoyancy aids on the water of at least 50N or 1 adult per paddleboard is permitted to wear a leash or intermediate windsurf harnesses. Helmets are available on request.

Sat Jan 4, 2025

Please enter your full name.


Click to Sign
Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.