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Updated: May 2020 SAIL CHARLEVOIX AND LAKE CHARLEVOIX MARINERS PARTICIPATION AGREEMENT **Please thoroughly review all information and terms set forth below in Paragraphs 1 through 8, and execute this Participation Agreement at Paragraph 9, if you wish to enroll your child in the contemplated activities.** 1. PARENT’S/GUARDIAN’S CONSENT. The undersigned parents or legal guardians (hereinafter referred to in the singular) of a child or children (hereinafter referred to as the "child") who wishes to participate in a program or programs and/or junior activity (hereinafter collectively referred to as the “activities”) of Sail Charlevoix and/or Lake Charlevoix Mariners, Inc. (hereinafter collectively referred to as “LCM”), including supervised travel to local events and competitions, request that the child be allowed to participate in any of these activities. This agreement shall remain in effect until LCM receives written notice of the cancellation of this consent or until the end of the activities described above. In return for the child being permitted to take part in the activities and to use the facilities and property of the LCM, the undersigned makes the promises set forth within this agreement and warrants the truth of the following: a. I am familiar with the programs included in the activities, and I understand officers, employees and volunteers of LCM are available to discuss the activities if I should wish to obtain additional information. I also understand I am solely responsible for the prompt arrival and departure of my child at the beginning and end of each day's activity. I will not allow my child to remain after each day's program without appropriate supervision or the written permission of LCM. I agree that LCM will have no responsibility for the supervision of my child at times other than during the scheduled activities. I will inform my child that he/she is expected to cooperate with, and follow the directions of, the persons in charge of the activities and to act in a manner consistent with the spirit of good sportsmanship and respect for the rights of others. b. My child is in good health, I know of no reason why he/she would be incapable of participating in the activities, and I warrant the accuracy of all information which I have provided within the LCM application form. My child knows how to swim. I will immediately notify the LCM Director, if a change in my child's health or other condition would affect my child's ability to participate in the activities. 2. WAIVER OF LIABILITY. I waive and release any right I, my heirs, guardians, and legal representatives may have or acquire to make a claim against, sue, attach the property of or prosecute LCM and/or any of its members, directors, officers, agents, employees, volunteers and affiliated organizations (hereinafter collectively referred to as "the releasees") for monetary damages caused by injury to my child or damage to the property of my child or myself arising from participation in the activities and use of the facilities and property of LCM, whether or not the injury or damage results from the negligence or other action, except intentional wrongful acts, of any of the releasees. 3. ASSUMPTION OF RISK. I am aware that the activities may involve maneuvering a boat, sailboat or other watercraft on deep waters in potentially hazardous conditions which may include, among other things, strong wind and high waves, sudden and unexpected immersion in deep waters and collision with other watercraft or stationary objects such as docks, pilings and buoys. With knowledge of the dangers involved, I voluntarily ask that my child be allowed to take part in the activities. I ACCEPT AND ASSUME ALL RISKS TO MYSELF AND MY CHILD OF INJURY, DEATH AND PROPERTY DAMAGE ARISING FROM PARTICIPATION IN THE ACTIVITIES AND THE USE OF THE FACILITIES AND PROPERTY OF LCM, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER ACTION, EXCEPT INTENTIONAL WRONGFUL ACTS, OF ANY OF THE RELEASEES. 4. INDEMNITY. I agree to indemnify and hold the releasees harmless from any loss, liability, damage or cost, including reasonable attorney’s fees, they may incur due to my child's participation in the activities whether such loss, liability, damage or cost results from the negligence or other action, except intentional wrongful acts, of any of the releasees. 5. NOTICE RE: COMMUNICABLE DISEASE/COVID-19. I acknowledge and agree that (i) among the inherent risks of the activities are those posed by communicable disease and infection, including but not limited to COVID-19, (ii) participants may be exposed to communicable disease and infection (including COVID-19) in the normal course of activities, due to person-to-person contact, airborne contagion, and contact with watercraft, equipment and other surfaces, (iii) releasees shall not be responsible for illness, disease or infection which may be contracted in the foregoing regards or manner, and (iv) LCM does not possess liability insurance coverage for illness or death associated with communicable disease or infection such as COVID-19. I further and additionally acknowledge and agree that the exculpatory terms of Paragraph 2(Waiver of Liability), Paragraph 3 (Assumption of Risk) and Paragraph 4 above (Indemnity), apply with full force to any and all potential claims, risks, losses, liabilities, damages and costs associated in any manner with exposure to and/or transmission of communicable disease and infection, including but not limited to COVID-19. 6. AUTHORIZATION AND CONSENT FOR TREATMENT OF A MINOR. As the parent or guardian of the child/registered sailor and/or Junior Leader, I hereby authorize any x-ray examination, anesthetic, medical or surgical diagnosis or procedure supervised by any member of the medical staff or of a dentist licensed under the State Education Law and/or Public Health Law of the State and of the staff of any hospital holding a current operating certificate issued by the State Department of Health. This authorization is given in advance of any specific diagnosis, treatment or hospital care being required to provide authority to render care, which the physician in his best judgment may deem advisable; and neither said agent, LCM or any organization involved assumes any financial responsibility for exercising this action. Effort shall be made to contact me before rendering treatment to the child/registered sailor and/or Junior Leader, but any of the above treatment will not be withheld if I cannot be reached. 7. CONCUSSION EDUCATION DISCLOSURE. The following information has been developed by the State for your information. Please read it. a. What is a concussion? A concussion is a type of traumatic brain injury that changes the way the brain normally works. A concussion is caused by a bump, blow, or jolt to the head or body that causes the head and brain to move quickly back and forth. Even a “ding,” “getting your bell rung” or what seems to be a mild bump or blow to the head can be serious. b. What are the signs and symptoms of concussion? Signs and symptoms of concussion can show up right after the injury or may not appear to be noticed until days or weeks after the injury. If a participant reports one or more symptoms of concussion after a bump, blow, or jolt to the head or body: ● He/she will be kept off the water for the rest of the day. ● The participant should only return with written permission signed by a health care professional experienced in evaluation for concussion. c. Did you know? Most concussions occur without loss of consciousness. Participants who have, at any point in their lives, had a concussion have an increased risk for another concussion. Young children and teens are more likely to get a concussion and take longer to recover than adults. d. Symptoms which may be reported by a participant are: ● Headache or “pressure” in head ● Nausea or vomiting ● Balance problems or dizziness ● Double or blurry vision ● Sensitivity to noise ● Feeling sluggish, hazy, foggy or groggy ● Concentration or memory problems ● Confusion ● Just not “feeling right” or is “feeling down” e. Signs which may be observed by staff are: ● Appears dazed or stunned ● Is confused by directions ● Forgets an instruction ● Is unsure of the race or other sailing activity ● Moves clumsily ● Answers questions slowly ● Loses consciousness (even briefly) ● Shows mood, behavior, or personality changes ● Can’t recall events prior to the bump/blow f. Concussion Danger Signs: In rare cases a dangerous blood clot may form on the brain in a person with a head injury. A participant should receive immediate medical attention if after a bump, blow or jolt to the head or body he/she exhibits any of the above signs. 8. MEDIA RELEASE. I authorize and grant permission to LCM and its agents and assigns, to use the participant’s photo or video, and likeness for the purpose of promotion by LCM for all forms, media and manners, for the following, but not limited to, news releases, photographs, video, audio, website, marketing, social media, advertising, trade, promotion, exhibition for an indefinite period of time. I give unrestricted permission for images, videos, and recordings of the participant to be used in print, video, digital and internet media. I agree that these images and/or voice recordings may be used for a variety of purposes and that these images may be used without further notifying me. I further acknowledge that I will not be compensated for these uses and LCM owns all rights to the images, videos, and recordings, and to any derivative works created from them. I waive any right to inspect the uses of any printed or electronic copy. I hereby release LCM and its agents and assigns from any claims that may arise from these uses, including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright. 9. EXECUTION. The name of the child/registered sailor/Junior Leader for whom I am the parent and/or guardian, who I wish to enroll in the program, is (Junior Leader Name): __________________________________ I have reviewed and hereby acknowledge all information and terms set forth above in Paragraphs 1 through 8, and I hereby accept and agree to be bound by all terms of this Participation Agreement. PAYMENT TERMS AND CONDITIONS Payment is required in full with registration. REFUNDS AND TRANSFERS (Updated: December 6, 2021) Transfers – Youth Sailing Transfer requests must be received in writing at info@sailcharlevoix.org There will be no charge for transferring from one session to another, providing there is room in the new session. If a transfer is not possible, a 20% fee will be charged for refunds. Tuition credits will not be issued for the following year. You may elect to donate any amount of your remaining tuition to Sail Charlevoix. Refunds – Youth Sailing Refund requests must be received in writing at info@sailcharlevoix.org Refund fees will be waived in the event of illness. A 20% fee will be charged for refunds requested less than 14 days before the class start date, unless the refund request is due to illness. A 10% fee will be charged for refunds requested more than 14 days before the class start date. Tuition credits will not be issued for the following year. In the event of complete class cancelation due to pandemic issues, full refund will be given. You may elect to donate any amount of your remaining tuition to Sail Charlevoix. Refunds and Transfers – Adult Sailing Lessons and Rentals Refund and transfer requests must be received by Director, Stan Carroll at skicarroll@aol.com or by contacting your Adult Sailing Instructor. Contact information will be given to you when you register for class. Refund fees will be waived in the event of illness. In the event of inclement weather, we will try to reschedule a lesson or rental. If a reschedule is not possible, registration will be refunded, less 5% to cover the cost of technology fees. A 20% fee will be charged for cancellations not due to illness or inclement weather rescheduling. Registration credits will not be issued for the following year. You may elect to donate any amount of your remaining tuition to Sail Charlevoix.

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