For and in consideration of Milwaukee Area Sail & Trail, Inc (“MAST”) allowing me, the undersigned, to participate in any capacity in a sanctioned, licensed, or approved event or activity (“Event” or “Events”); I, for myself, and on behalf of any person or entity who may assert a claim, right or interest based on their relationship with or to me, hereby agree to the following contractual representations:
A. RULES AND REGULATIONS: I hereby agree to abide by MAST's rules, regulations, and policies, which are available at www.MASTracing.org.
B. ACKNOWLEDGMENT OF RISK: I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing, and agree that participation in any sailing activity involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases such as COVID-19), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).
C. ASSUMPTION OF RISK: I acknowledge and agree that these Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I may incur as a result of my participation in any Events. I also agree to be responsible for any injury or damage caused by me or any agents under my direction and control at any Event.
D. RELEASE: In consideration for being allowed to participate in any Event, I hereby release from liability and waive any and all claims of negligence against MAST, and its officers, directors, members, volunteers, licensees, venue providers, and supporting organizations, (the “Released Parties”), including any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events, including, without limitation, claims for Liability caused in whole or in part by the negligent acts or omissions of myself, the Released Parties, or any other individuals or entities participating in the Event.
E. OPPORTUNITY TO NEGOTIATE. I acknowledge and agree that I have had the opportunity to negotiate the terms of this waiver prior to entering into it, and whether or not I exercised that right, I was given the option of proposing alternative language before signing below.
