Due to the inherent risks associated with any water sport, including sailing, SEAS Morris requires each student, member and associate member to carefully review the following Release of Liability to fully understand one’s rights and responsibilities, and then acknowledge acceptance of the terms herein for oneself and on behalf of any minor participants.
SEAS MORRIS
RELEASE OF LIABILITY (Version 07202025)
I, being over 18 years old, acknowledge that I have voluntarily applied to participate in sailing school lessons, instructor or member recreational use of club vessels and/or other club- or member-sponsored events, potentially including but not limited to club meetings and charter sailing trips (“Activities”), with The Society for the Education of American Sailors, Inc. (“SEAS Morris”). I understand and accept that my participation in the Activities will require vigorous physical activity including but not limited to embarking onto, disembarking from and moving around on boats of various sizes, in a variety of wind and water conditions; swimming; carrying, rigging, derigging, sailing, and maintaining boats. I represent that I am in good physical condition and have no condition, either physical or mental, that would impair or be aggravated by my participation. I understand that SEAS Morris is relying upon my representation in allowing me to participate in SEAS Morris Activities.
I acknowledge that participation involves inherent risks of sailing, water-based and other Activities, including but not limited to capsizing, drowning, equipment failure, and unpredictable weather. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE INCURRED WHILE PARTICIPATING IN SEAS MORRIS ACTIVITIES, INCLUDING THOSE ARISING FROM THE NEGLIGENT ACTS OR OMISSIONS OF SEAS MORRIS OR OTHERS.
I EXPRESSLY ACKNOWLEDGE THAT THIS RELEASE INCLUDES A WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE.
I also understand and accept that in consideration for being allowed to participate in SEAS Morris Activities, I hereby release and hold harmless The Society for the Education of American Sailors, Inc., its parent, sister corporations, agents and subsidiaries and each of its members, instructors, aides or any individual, corporation, or government agency whose facilities or equipment are used in the conduct of SEAS Morris Activities (“Released Parties”), from and against all claims, liabilities, costs (including reasonable attorney’s fees), and damages arising out of my participation. including any and all claims for injury, death, or property damage arising from ordinary negligence, but excluding claims arising from SEAS Morris’ gross negligence, willful misconduct, or criminal acts, which are not waivable by law. This release shall be binding upon me, my heirs, assigns, next of kin, guardians, trustees, executors and administrators from this date in perpetuity until or unless rescinded in writing.
I acknowledge that SEAS Morris has a zero-tolerance drug and alcohol policy. I agree that I will not take part in any SEAS Morris Activity while under the influence of alcohol or any drug that may cause physical or mental impairment, including drugs taken for legitimate medical purposes. I acknowledge and understand that the effects of alcohol and certain drugs include fatigue, dizziness, or slowed reaction time, increasing the risk of a dangerous accident. If I have consumed any such substances before or during the Activities, I take full responsibility for any injury, loss or damage associated with the consumption of the substance.
I acknowledge that SEAS Morris personnel may prohibit me from participating in any SEAS Morris Activity if they suspect my ability to safely participate is impaired for any reason.
I understand I have a duty to exercise reasonable care for my own safety, and I agree to do so. I fully understand I may be on a boat or at another location without medical facilities or equipment. In the event of illness or injury appropriate medical care may need to be summoned by radio or telephone, and treatment may be delayed until I can be transported to an appropriate medical facility. I agree in advance to these conditions. SEAS Morris and its members have made no representation to me implied or otherwise they can or will perform safe rescues or render first aid. If I show signs of distress or call for aid,
I would like assistance and will not hold the Released Parties or those rendering assistance responsible for their actions in attempting the performance of a rescue or first aid.
I acknowledge that SEAS Morris's insurance coverage, including protection and indemnity policies, is contingent on my agreement to indemnify and hold SEAS Morris harmless from all liability associated with my participation. This includes strict compliance with SEAS Morris safety rules, including mandatory use of USCG-approved Personal Flotation Devices (PFDs) when in vessels on inland, coastal or ocean waters.
Nothing in this Release shall be construed to waive, impair, or limit any rights, obligations, or protections afforded to the Society for the Education of American Sailors, Inc. under any applicable insurance policy, including but not limited to the right to indemnity or defense. This Release shall be interpreted in a manner consistent with all applicable insurance contracts. This Release does not expand or restrict the scope of insurance provided under any policy issued to SEAS Morris. The participant acknowledges and accepts that SEAS Morris’ liability may be limited to available insurance coverage.
If I am enrolling a minor in SEAS Morris Activities, I certify that I am their legal guardian and agree to be bound by all terms herein on behalf of myself and the minor. I understand that this Release may not bar a minor child’s legal claims under New Jersey law. Nevertheless, I agree to indemnify and hold harmless SEAS Morris from any claim brought on behalf of or arising from the participation of my child to the fullest extent permitted by law.
I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract. THIS IS A LEGALLY BINDING CONTRACT.
Any disputes arising from this Release shall be brought exclusively in the Superior Court of New Jersey, Morris County, and I consent to the jurisdiction of that court. This Release shall be governed by the laws of the State of New Jersey. If any portion of this agreement is found unenforceable, the remainder shall remain in full force and effect.
Print Name: ____________________________________________________
Signature: _____________________________________________________ Date: _______________
IF SIGNING FOR A MINOR:
Print Name of Parent/Legal Guardian: ________________________________________________
Signature of Parent/Legal Guardian: ______________________________________ Date: ___________