BOATING COURSE WAIVER & INDEMNIFICATION

Please note that all students will be asked to sign this boating course waiver & indemnification prior to boarding the training boat.

Participation in this course requires physical stamina, motor coordination, and mental alertness. The undersigned hereby attests that he/she has no known physical or mental limitations and has not used any form of alcohol, prescription or non-prescription drugs that could impair his/her performance in this course. Participants under 18 years of age must have this form signed by a parent or guardian.

Participant further acknowledges that boating activities occur in a marine environment which may include vessel motion, wakes, wind, waves, wet surfaces, and other environmental conditions which increase the risk of slips, falls, or other physical injury. Participant voluntarily assumes all risks associated with their physical ability to safely board, move about, and participate in activities aboard a vessel. Chesapeake Boating Academy, its captains, instructors, employees, contractors, agents, and affiliated personnel shall not be responsible for injuries resulting from a participant’s physical condition, mobility limitations, balance limitations, fatigue, dehydration, seasickness, or undisclosed medical conditions.

Participant acknowledges that this boating course is conducted aboard vessels owned and operated by Chesapeake Boating Academy and that participation may occur on navigable waters of the United States subject to federal maritime and admiralty jurisdiction. This agreement shall be governed by the General Maritime Law of the United States and, where applicable, the laws of the State of Maryland.

READ CAREFULLY: THIS SECTION IS A LEGAL RELEASE, ASSUMPTION OF RISK, WAIVER AND COVENANT NOT TO SUE AGREEMENT

In consideration of Chesapeake Boating Academy, the owner of the training boat, and the owner of the facility and waters upon which training occurs, including each of their members, employees, officers, captains and/or agents (the "Course Providers"), furnishing services, equipment, and/or curriculum to enable me to participate in the Boating Course, I agree as follows:

I fully understand and acknowledge that:

(a) 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 activities;

(b) my participation in such activities and/or use of such 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;

(c) these risks and dangers may be caused by the negligence of the Boating Course Providers; the negligence of others, including other Boating Course participants; and may arise from foreseeable or unforeseeable causes; and

(d) by participating in these activities and/or using the equipment, I, on behalf of myself, my personal representatives and my heirs, hereby assume all risks and all responsibility, and agree to release the Boating Course Providers for any injuries, losses and/or damages, including those caused solely or in part by the negligence of the Safety Course Providers, or any other person.

If I have brought a boat to use the Safety Course, I also agree that this release applies to any damage that occurs to it during the Boating Course.

Participant acknowledges that boating instruction may involve vessel maneuvering, docking, and practical vessel handling activities that carry inherent risks associated with vessel operation and marine environments. Participant voluntarily assumes these risks as part of the instructional nature of the boating course.

I agree and understand that, on behalf of myself, my personal representatives and my heirs, I am relinquishing any and all rights I now have or may have in the future to sue the Boating Course Providers for any and all injury, damage, or death I may suffer arising from boat riding or its equipment, including claims based on the Safety Course Providers' negligence.

Participant further agrees that this waiver and release is intended to be as broad and inclusive as permitted under applicable maritime law and the laws of the State of Maryland and that if any portion of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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

I have had the opportunity to ask any questions about the above waiver and release and I understand its terms and meaning.

READ CAREFULLY: THIS SECTION IS AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

In consideration of Chesapeake Boating Academy and the training sponsor, the owner of the training vessel, and the owner of the facility and waters upon which training occurs, including their members, employees, officers and/or agents (the "Safety Course Providers"), furnishing services, equipment, and/or curriculum to enable me to participate in the Boating Safety Course, I agree as follows:

I, on behalf of myself, my personal representatives and my heirs, agree to hold harmless, defend, and indemnify the Boating 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 Safety Course activities, including claims arising from the Safety Course Providers' or any other party's negligence.

This indemnification obligation specifically includes claims brought by third parties, other course participants, marina operators, passengers, or insurance carriers and includes reimbursement of reasonable attorneys’ fees, legal costs, and expenses incurred by the Course Providers in defending such claims.

Participant acknowledges that Chesapeake Boating Academy instructors and Captains retain full authority over vessel operations and safety decisions during the boating course and participants agree to comply with all safety instructions provided by course instructors.

I HAVE READ THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND BY SIGNING I AGREE IT IS 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 SAFETY COURSE.

I have had the opportunity to ask any questions about the indemnification and hold harmless section and I understand its terms and meaning

ACKNOWLEDGMENT OF AGREEMENT

By signing below, I acknowledge that I have carefully read and fully understand this entire Boating Course Waiver & Indemnification Agreement. I understand that this document contains a release of liability, assumption of risk, waiver, covenant not to sue, and indemnification agreement.

I understand that by signing this agreement I am voluntarily giving up substantial legal rights, including the right to bring claims against Chesapeake Boating Academy, its owners, captains, instructors, employees, contractors, agents, and affiliated personnel for personal injury, property damage, or wrongful death arising from participation in the boating course.

I acknowledge that my signature below constitutes acceptance of all terms and conditions contained within this entire document and that this agreement shall be binding upon me and my heirs, personal representatives, and assigns.