The terms, assumption of risks, waiver, release and indemnity agreements on this page govern participation in any and all Coho Ho Ho (“Host”) events (“Events”), including but not limited to the Coho Ho Ho Rally and seminars:
Participant agrees to abide by any and all rules issued by Host governing any Events.
By participating in the Coho Ho Ho Rally, Participant agrees that there are certain risks inherent in offshore sailing, and Participant voluntarily accepts those risks. Participant shall, at all times, have sole responsibility for Participant’s vessel and any individuals on it, and Participant releases Host and its officers, directors, employees, agents, and volunteers of any and all liability to the fullest extent permitted by law.
Participant agrees and understands that Host provides no vessel inspection or certification or other qualification requirements or services, except as set forth herein, and that Participant is solely responsible for ensuring the seaworthiness of Participant’s vessel. Participant agrees that Participant’s vessel will be equipped with any and all communications equipment as determined necessary by the owner/skipper/captain including, but not limited to, certain minimum communictions equipment required by the Coho Ho Ho organization to facilitate full participation.
Although Host may provide certain education and services for participants, such as weather information, Participant shall be solely responsible for making decisions affecting the safety of Participant and crew at sea, including routing, communications, weather monitoring, watch keeping, selection, number, and monitoring of crew members, provisioning, equipment, and preparation.
In the event of any dispute arising out of or related to Participant’s registration or participation in any Event, Participant agrees the forum for resolution of such dispute shall be the state and federal courts situated in King County, Washington, and that the prevailing party shall be entitled to recovery of attorney and expert fees.
Assumption of Risks, Waiver, Release, & Indemnity Agreement
For valuable consideration, including the acceptance of my participation in the Coho Ho Ho Rally (the “Rally”) or any other activity or events that Coho Ho Ho LLC (“Coho”) may organize or be a part of (the “Related Activities”), I agree to the following:
- REPRESENTATIONS AND WARRANTIES: I represent, warrant, and agree to all of the following: I am solely responsible for my yacht and its crew at all times. I will not rely on Coho or any other person or entity to make decisions for my yacht and crew, including but not limited to weather forecasts and interpretations. It is my sole and exclusive responsibility to decide whether to start or to continue participation in the Rally or Related Activities.
- I will not leave port or navigate into weather I am not confident my yacht and crew can handle.
- I will not make, follow, or enforce a schedule that could put my crew or my yacht in danger.
- My yacht is fully found and is thoroughly seaworthy in hull, rig, sails, and gear. My yacht will be properly outfitted and equipped and will be competently crewed by a crew capable of properly handling my yacht under adverse circumstances, and that all safety equipment is properly maintained and stowed, and each member of the crew knows where it is kept and how it is to be used.
- I and/or my crew may voluntarily participate in certain Related Activities, including but not limited to sailing, boating, waterskiing, use of dinghies, use of personal watercraft, swimming, raft-ups, social gatherings, and parties, and that such Related Activities may involve alcohol, which may influence my or my crew’s conduct and ability to safely manage my vessel. I will not operate, manage, crew, or maintain my vessel under the influence of drugs or alcohol.
- I agree to operate or crew my vessel in accordance with all applicable laws at all times.
- I agree to I am physically fit and know of no medical or health reason that I or any member of my crew should not participate in the Rally or any of the Related Activities;
- I will have each member of my crew and any guests sign and submit a Crew Waiver in the same form as this one, and if I fail to do so I agree to defend, indemnify, and hold harmless Coho, its officers, directors, employees, sponsors, members, committee members, volunteers, advisers, and agents (hereafter “Affiliated Parties”) for any damage Coho and its Affiliated Parties suffer as a result of that failure;
- determining the condition of the weather, water, and determining how safe I feel among the many boats and crew participating in these events is my sole responsibility and is not the responsibility of Coho or its Affiliated Parties.
- As Captain, if anyone will be on my boat, I agree and confirm that I have advised them of the risks of sailing, and they’ve agreed to accept that risk along with all the terms of this Waiver.
- Coho is not a sailing or boating school, and Coho does not have a responsibility to teach me how to sail or boat or perform related activities.
- ASSUMPTION OF RISKS: I understand that participation in the Rally carries with it certain risks that cannot be eliminated regardless of the care taken to avoid injuries or death. The specific injuries that may result from my participation include but are not limited to: (a) minor injuries such as scratches, bruises, food poisoning, sickness, and sprains; (b) major injuries such as loss of sight, joint or back injuries, heart attacks, broken bones, and concussions; (c) catastrophic injuries including paralysis and death; or (d) boat damage, small or catastrophic, to my or my member’s boat. I know, understand, and appreciate that my participation is voluntary, and I am knowingly assuming all such risks.PRESENTATIONS AND WARRANTIES. I represent, warrant, and agree to all of the following:
- WAIVER, RELEASE, DISCHARGE AND COVENANT NOT TO SUE: I, my heirs, personal representatives, and assigns, hereby release, waive, discharge and covenant not to sue Coho and its Affiliated Parties for any liability for any and all claims resulting in personal injury, accidents, illnesses (including death) and property loss arising from participation in the Rally or any Related Activity, whether or not caused by the active or passive negligence of Coho or any of the Affiliated Parties.
- INDEMNIFICATION AND HOLD HARMLESS: I agree to indemnify and hold Coho and the Affiliated Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my involvement in the Rally or any of the Related Activities, and to reimburse them for any such expenses incurred. In the event that I fail to provide the waiver from any crew member as required by 1(f), I further agree to indemnify and hold Coho and the Affiliated Parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, brought as a result of my crew member’s involvement in the Rally or any of the Related Activities, and to reimburse them for any such expenses incurred.
- SEVERABILITY: I agree that this Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of Washington and the United States of America and that, if any portion is held invalid, it is agreed that the balance shall nevertheless continue in full force and legal effect.
- INFORMATION AND PUBLICITY: I grant permission to Coho and its sponsors, committees, advisers, employees, volunteers, and agents to transmit or release to the public any and all communications from or to my yacht during the Rally relating to the progress of the yacht and the welfare of her crew, whether the communications are with the public, private or with the government stations. I also hereby grant permission to Coho and its affiliates to use any photograph or video footage of me or my yacht while involved in the Rally or any of the Related Activities for any purpose they might deem appropriate, including distribution in sailing publications and other media outlets.
- GOVERNING LAW, COURTS: I hereby agree that this Waiver, and its interpretation and enforcement, shall be governed by the laws of the State of Washington. I agree that any action regarding the enforcement or interpretation of this Waiver must be brought in the courts of the County of King, Washington.
- MUTUAL NEGOTIATION: The parties have jointly participated in the negotiation, drafting, and/or discussion of this Waiver, which shall not be construed in favor of either party.
- ACKNOWLEDGMENT OF UNDERSTANDING: I, whether Captain, Crew, or Guest, have read this Waiver, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand that I may consult with an attorney before signing this Waiver. I understand that if I am unsatisfied with the terms of this Waiver, I may contact [email protected] for any questions or concerning renegotiation of any Waiver terms. I acknowledge that I am signing this Waiver freely and voluntarily and intend by my signature to, completely and unconditionally, release all liability to the greatest extent allowed by law.