Terms & Conditions/Waiver & Release of Liability READ BEFORE AGREEING By checking off the box below, I/we (Parent/Guardian of Participant and/or Participant) agree to the following terms and conditions of participating in the Programs provided by the Gibsons Sailing Club (GSC). 1. Medical Condition & Authorization. I certify that the named Participant is physically able to participate in the GSC programs and that I know of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in such a program. I also understand that the GSC will administer no physical examinations and that GSC will rely solely upon the information submitted via forms. I give permission for Participant to receive emergency medical or surgical treatment and hospitalization if necessary. I hereby authorize directors, coaches, staff and associates of the GSC to act on my behalf according to their best judgment in any emergency requiring medical or surgical treatment and hospitalization if necessary. I understand that there are certain risks that are inherent in summer programs that can result in serious bodily injury, death, or damage to property. Risks may result from acts or omissions of Child, other persons participating in GSC Summer Programs, operators of boats, conditions (including weather) in which such activities take place, and forces of nature. Risks include injuries occurring when, but not limited to, on the boat or dock, rigging/derigging, docking, casting off, handling lines and spars, maneuvering, colliding with boats or stationary objects, capsizing, and traveling to or from activities related to GSC Summer Programs. Injuries can include, but are not limited to, sprains, dislocations, fractures, lacerations, concussions, hypothermia, paralysis, and drowning. I am aware of the risks and types of injuries listed above and acknowledge that the risks and injuries listed above are not exclusive. 2. Financial Responsibility & Insurance. I will be financially responsible for any medical attention needed during the program duration or resulting from an injury received at during program participation. I represent that I have provided and maintain adequate health and medical insurance coverage for Participant covering any and all activities related to the program participation. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that the GSC shall not assume, or be responsible or liable for expense, medical treatment, or compensation for any injury to the named Participant may suffer during Program participation or related activities. 3. Compliance with Program Participation Rules. Participant understands and agrees to comply with the GSC rules, policies and stated and customary terms, conditions or requirements for participation (Program Participation Rules) including any rules or conditions of any hotel or transportation service provider in which participant uses during their program participation. I/we agree that if you observe any unusual or significant concern in Participant’s readiness for participation in the Program or participant’s failure or unwillingness to comply with the Program Rules, you may, at your sole discretion, will remove participant from the participation and immediately inform the nearest GSC official. Also, I/we hereby release and forever discharge the GSC, from any and all claims, actions, damages, or liabilities (including attorneys' fees and costs), arising from or related to any acts, actions, failures to act by Participant or Participant's disregard or failure to follow Program Rules. 4. Assumption of Risk of Program Activities. I understand the risk of injury to Participant from the activities involved in Program activities is significant, including the potential for permanent disability and death. The term “Program Activities” includes but is not limited to: travel to and from, activities on land and water, activities before and after instruction at any hotel or third party facilities at which a Program activity or function is conducted. While the particular Program rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/we (Parent/Guardian and Participant) knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the GSC, and its Coaches, Instructors, Staff, Management, and Directors and I/we assume full responsibility for participation in Program by Participant. 5. Release & Hold Harmless. I/we for myself and on behalf of Participant hereby release and hold harmless the GSC, and its Coaches, Staff, Management, Directors, Sponsors, Representatives, volunteers and if applicable the owners and lessors of the premises used to conduct Programs (Releasees) with respect to any and all injury, disability, death or loss or damage to person or property incident to participant’s involvement or participation in any and all Program activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law. 6. Indemnity. I/we, for myself and on behalf of Participant, hereby indemnify and hold all the above Releasees from any and all liabilities incident to Participant’s involvement or participation in any and all Program activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law. 7. Payment: Registration must be paid in full prior to attending Programs. Payment must be made in full at time of registration. 8. Cancellation Policy: A full Program credit will be issued 14 days prior to the start of the GSC program. Cancellation Policy: The GSC reserves the right to cancel a Program for any reason without prior notice. In this case, full refund is given for all monies collected by the GSC only. The GSC will not be responsible for refunds on airline flights, hotel reservations, or other incidental fees incurred in conjunction with the Program. All accepted registrations are subject to a $50.00 cancellation fee. There will be no refunds for cancellations made within 14 days of the scheduled session start date. 9. Publicity. I understand and agree the GSC, retains the right to use, for publicity and advertising, photographs of Program Participants taken during Program participation. 10. Limitation of Liability: I agree that the total liability of the GSC, its affiliates and respective directors, coaches, instructors officers, employees, and agents with respect to services performed or to be performed by the GSC, shall not exceed 100% of the compensation received by the GSC, from me pertaining to Participant. The parties agree and acknowledge this Section of the Agreement is a material part of the consideration for the Agreement. 11. Severability. In the event that any provision of these Terms and Conditions, or the application of any such provision to any person or set of circumstances, shall be determined to be invalid, unlawful or unenforceable, the remainder of these Terms and Conditions shall continue to be valid and enforceable to the fullest extent permitted by law. 12. Governing Law & Jurisdiction. These Terms and Conditions will be governed by the law of the jurisdiction in which the Program is conducted. I/we agree that any action brought under these Terms and Conditions shall be brought in the jurisdictional court. In the event either party commences an action under these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney fees and costs.