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THIS FORM MUST BE COMPLETELY FILLED OUT AND SIGNED PRIOR TO ANY COURSE REGISTRATION.

This Document Changes Your Legal Rights. Don’t Sign If You Don’t Understand!

RELEASE WITH HOLD-HARMLESS & INDEMNITY AGREEMENT 

Read carefully before signing! 

You desire to participate in a Boating Course. Participation in this Boating Course  requires physical stamina, motor coordination and mental alertness. By signing below  you declare you have no known physical or mental limitations and you’ve not used  alcohol, prescription or non-prescription drugs that could impair your performance in this course. ** Participants under 18 years of age must also have this form signed by a  parent or guardian. 

READ CAREFULLY: THIS IS A LEGAL RELEASE WITH A HOLD-HARMLESS  AND INDEMNITY AGREEMENT– It changes your legal rights!

(a) In consideration of Atlantic Coast Marine Group, Inc., the training sponsor, the  owner of the training boat (unless such training boat is owned by a participant) and  the owner of the facility and waters upon which training occurs, including each of  their members, employees, officers, captains and/or agents enabling me to  participate in the Boating Course (collectively "Course Providers"), I agree and  understand as follows: 

 

(1) That there are DANGERS AND RISK OF INJURY, DAMAGE, OR DEATH  that exist in my use of boats and boating equipment and my  

participation in the Boating Course; 

 

(2) That my participation in the Boating Course and/or use of such boats  and boating equipment may result in injury or illness including, but  

not limited to, BODILY INJURY, DISEASE, STRAINS, FRACTURES,  

PARTIAL OR TOTAL PARALYSIS, OTHER AILMENTS THAT COULD CAUSE  

SERIOUS DISABILITY, OR DEATH 

 

(3) That these risks and dangers may be caused by the negligence of 

the Course Providers; the negligence of others, including other  

Boating Course participants; and may arise from foreseeable or  

unforeseeable causes; and 

 

(4) That by participating in this Boating Course and/or using the boats and boating equipment, I, on behalf of myself, my personal representatives and my heirs, hereby assume all risks and all responsibility AND agree to release the Course Providers for any injuries, losses and/or damages, including those caused solely or in part by the negligence of the Course Providers, or any other person excepting claims of intentional actions or gross negligence.  

(b) If I brought a boat to use in the Boating Course, I also agree that this Agreement applies to any damage that occurs to this boat and/or that may be caused by this boat during the  Boating Course. 

(c) I agree and understand that, on behalf of myself, my personal representatives, and my  heirs, I am giving up any and all rights I now have or may have in the future to sue the  Course Providers for any and all injury, damage, or death I may suffer arising from the  Boating Course, operating or riding aboard any boat, the boat’s equipment and including claims based on the Course Providers' negligence, but specifically excluding from this  Agreement claims for intentional conduct or gross negligence. 

 

I HAVE READ THIS AGREEMENT AND BY SIGNING BELOW I AGREE IT IS MY INTENTION  TO ASSUME ALL RISKS AND RELEASE THE ABOVE-NAMED BOATING COURSE PROVIDERS  FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH  CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE EXCEPTING CLAIMS BASED IN  INTENTIONAL CONDUCT OR GROSS NEGLIGENCE. 

 

I had the opportunity to ask questions about this Agreement. I understand that I am assuming the risks of participation and releasing the Boating Course Providers. I am not  being forced to sign this Agreement.

 

INITIAL:

(d) I further agree, on behalf of myself, my personal representatives and my heirs, to hold harmless, defend, and indemnify the Course Providers from any and all claims,  suits, or causes of action by others for bodily injury, property damage, or other damages which may arise out of my use of boats and boating equipment or my participation in the Boating Course activities, including claims arising from the Boating Course Providers'  or any other party's negligence and excepting claims based on intentional conduct or gross negligence.

I HAVE READ THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND BY  SIGNING IT’S MY INTENTION TO ACCEPT LEGAL RESPONSIBILITY AND PAY FOR ANY  LOSS FOR CLAIMS OR LAWSUITS AGAINST THE ABOVE-NAMED BOATING COURSE  PROVIDERS ARISING FROM MY PARTICIPATION IN THE BOATING COURSE.

 

I had the opportunity to ask questions about this Agreement. I am not being forced to sign this Agreement.

 

INITIAL:  

(e) If I brought a boat to use in the Boating Course, I also agree that this Agreement applies to any damage that occurs to this boat and/or that may be caused by this boat during the Boating Course. 

(f) I agree that this Agreement applies to any injury, damage or death occurring while participating in the Boating Course and without consideration as to whether I am aboard a vessel at the time of the incident or not.  

(g) TIME FOR SUIT: You understand and agree all claim(s) of whatsoever nature and howsoever arising from or relating to your and/or your minor’s participation must be brought, if at all, by the filing of a lawsuit in a court of competent jurisdiction within one  (1) year of the date of your signature below or it is / they are forever barred and may never be brought. YOU warrant and represent that this TIME FOR SUIT provision is reasonable and necessary to allow timely investigation by the Course Providers. 

If Participant is a Minor:

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