In consideration of being permitted by Westabout ltd. trading as (hereafter referred to as “The Company”), whose premises is at The Old Dairy, Swatton Barn, Swindon, SN40EU and operate and train on the Sailing Vessel ‘Telefonica Black’ also known as ‘Yacht Kraken’ to participate in its Sailing activities (hereafter referred to as “The Activity”), to use its equipment and facilities, now and in the future, I the undersigned (hereafter referred to as "The Participant") hereby agree to release, indemnify and forever discharge The Company, its agents, owners, staff, manufacturers, participants, lessors, affiliates and its subsidiaries, related and affiliated entities, successors and assigns (the “Released Parties”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I, The Participant and/or parent or permitted guardian of The Participant: -
acknowledges that undertaking an Activity at The Company is on the, which is subject to the elements whilst at Sea. The Company Yachts have uneven, slippery surfaces; we cannot change the nature of this environment. The Company advises that you wear appropriate clothing, footwear, assume responsibility and watchful at all times for your safety and enter at your own risk. The Company will not be liable for any damage and or injury from bumps, slips, trips or falls.
accepts that the Activity will take place in open and offshore waters, and in all weather conditions.
understands that participation in The Activity and use of its Yachts equipment and facilities involves significant risks, that could result in physical or emotional injury, including the potential for permanent paralysis, death or damage to The Participant, to property or to third parties and understand that such risks simply cannot be eliminated without jeopardising the essential qualities of The Activity.
knowingly and freely accept all such risks, both known and unknown, even if arising from the negligence of the Released Parties or others. Participation in The Activity is purely voluntary and assume full responsibility for my participation; and personal discipline may reduce this risk, the risk of serious injury does exist; I elect to participate in spite of the risks.
3. HEALTH / PREGNANCY
confirms that I do not have, nor have had, any medical condition, including pregnancy, that may make the participation in The Activity more dangerous or may increase any risk of injury to them or others or make it more likely that they will be involved in an incident, which could result in any form of injury during The Activity. If any medical information changes, I understand that by not consulting a doctor or The Company prior to participation any incident/injury that may occur is at The Participants own risk.
acknowledges that The Activities at The Company are physically demanding and require a degree of agility, strength and stamina and The Activity requires The Participant to be able to competently swim 50 metres with a buoyancy aid, be confident in open water, have a reasonable level of fitness and ability, and understands that by not complying with The Company’s terms and conditions, age restrictions (minimum age 14 years) or any other requirements put in place by The Company, participation in The Activity will not be allowed and agrees that they will promptly withdraw upon request by The Company and its staff. agrees to only carry out The Activity within my ability, and able to retain control of at all times and throughout will comply and abide by The Company’s safety and instruction in relation to The Activity which The Participant accepts at all times whilst on board from which The Activity will be carried out, and understands that manoeuvres and tricks and use of equipment are performed entirely at The Participant’s own risk and will not hold The Company liable for any injury they may attain whilst partaking in The Activity.
5. YOUR RESPONSIBILITY
understands that Participants are responsible for their own safety and the safety of others whilst participating on the Activity, and that The Activity may be undertaken without direct supervision following safety instructions and agree to wear any protective equipment provided by or required by The Company to be worn at all times and comply with all safety and instructions given at any time during The Activity by The Company or any of its staff, media or signage. and agrees responsibility for their own safety and the safety of others whilst partaking in The Activity.
understands that the supervision of children under the age of 14 years is the responsibility of the supervising adult at all times. The overseeing adult must keep a constant watch on their dependants and be in close contact.
acknowledges that Participants ensure that they are dressed appropriately and The Company advises Participants to wear clothing appropriate for the weather conditions and which they do not mind getting spoiled. In particular the following restrictions shall apply:
i. Participants may not undertake the Activity in loose clothing or fancy dress.
ii. Long hair must be tied back or tucked inside the soft hat if under 14yrs.
The Company will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activity.
The company will provide Foul Weather gear to all participants as required.
acknowledges cosmetic body enhancements including but not limited to false nails, none removable jewellery and other surgical additions could cause injury to the Participant(s). The Company strongly advises any Participant(s) to remove these items if possible or at least to cover with tape before participating as The Company will not be held accountable for any injury caused to The Participant whilst partaking in The Activity.
7. DRUGS / ALCOHOL
agrees not to participate in The Activity whilst under the influence of drugs and alcohol and understands that participation after consumption of drugs and alcohol will remove any and all liability and responsibility from The Company and its staff.
8. The Company operates a ‘dry boat’ policy which means no alcohol is to be consumed whilst on board and under way.
9. The Company reserve the right to waiver this rule when alongside or at anchor and it is deemed safe by the Skipper(Company) to do so.
consents for themselves and as parent or legal guardian of any accompanying children to The Company photographing and/or recording The Participant and any accompanying children, and to use any such photographs and/or recording solely and only for use of The Company’s advertising and promotional purposes. The Participant for themselves and any accompanying children hereby relinquishes any right to inspect or approve the use of any such material and acknowledges and agrees that the rights to use such material shall not require payment or compensation of any kind to be made by The Company to The Participant and/or any accompanying children. The Company consents to The Participant and members of the group undertaking photography for their own non-commercial purposes only and for no other purpose whatsoever.
understands that The Participant(s) and any accompanying parties are not to use any drone type equipment on site before seeking the approval of The Company and its staff. The correct permit(s), training, license(s) and insurance, and supporting documentation will be required to be able to operate any equipment.
acknowledge that The Company is not and shall not be liable for any damage or loss to themselves, any third parties or property incurred whilst participating in The Activity or whilst on the premises belonging to The Company.
accepts parking facilities are available at the site, and any vehicles are left at the owners’ risk and subject to any conditions at The Company.
Nothing contained herein is intended to limit or exclude liability for death or personal injury caused by negligence.
FOR PARTICIPANTS UNDER THE AGE 18 YEARS AT THE TIME OF REGISTRATION
I, as parent/guardian with authorised responsibility for The Participant agrees that if, The Participant is a child, that this release of liability and assumption of risk agreement is made on behalf of that child and that all of the releases, waivers and promises contained in these conditions are binding on that child participating.
I, certify that I have full authority as parent or authorised guardian to consent to his/her participation in The Activity and to bind them to this release of liability provided above of all the RELEASED PARTIES, and for myself, my heirs, assigns, and next of kin, to my child(s) involvement or participation in the Activity as provided above, even if arising from their negligence. I give consent that in the event if any illness/incident for any necessary treatment to be administered to The Participant(s)
I The Participant, agree that I am responsible for any children in my care and undertake to ensure that he/she/they read, understand and will follow the instructions set out in the Safety Rules and oral instructions mentioned above.
I certify that to the best of my knowledge neither I nor any children in my care have a medical condition which might make me or him/ her/them more likely to sustain an injury. To the best of my knowledge I and any children in my care are not pregnant.
I, The Participant, confirm that I am 18 years and over, have read this waiver and release of liability, I fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.