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On A Boat Sailing, LLC
Participant Waiver

All persons who have or will participate in, attend, and/or be educated by (hereinafter “Guests”) On A Boat Sailing, LLC, are required to review and sign this acknowledgement of participation and waiver of liability; failure to sign will result in On A Boat Sailing, LLC’s refusing to allow the non-compliant Guest to participate and/or attend in sailing activities.  By signing the attached signature page, the Guests will acknowledge that he/she has reviewed this document, and that he/she agrees to waive, hold harmless, and defend On A Boat Sailing, LLC, its employees, officers, board, agents, representatives, and management (hereinafter collectively known as "OBS") for any and all liability as described below. Guests, by or through their individual purchase, have been registered for one or more OBS sailing program(s) or services performed by OBS. For and in consideration of the privilege of participating, acquiring, and benefiting from the Services of OBS, the undersigned Guests, for himself/herself, his/her personal representative, heirs, assigns, and next of kin, acknowledge and agree to the following:

  1. I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include
    (1)windshear, inclementweather, lightning, variances and extremes of wind, weather andtemperature; (2) any sense of balance,
    physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other
    hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection
    of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects,
    animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries
    or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/
    our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet.

  2. I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this
    charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which
    I am about to engage.

  3. I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental.
    I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have
    any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures,
    dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further
    affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not
    currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries
    a warning about any impairment of my physical or mental abilities.

  4. I fully agree to assume all responsibility for all the risks of the Charter/Rental iv to which I am about to engage,
    whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF
    MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

  5. This Agreement shall be governed by the laws of United States. Any legal action relating to or arising out of this agreement against or with respect to On A Boat Sailing LLC shall be commenced exclusively in United States. Any legal action relating to or arising out of this Agreement against or with respect to any of it On A Boat Sailing LLC affiliated or related companies shall be commenced exclusively in the Court of Cook County. I agree that I will reimburse in full any attorney fees incurred by the assured or their Insurers to defend any legal action under this agreement. I HEREBY RELEASE On A Boat Sailing LLC viii, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

  6. I acknowledge that the sport and recreation of sailing has certain inherent risks, and I understand that safety is at all times my first responsibility when participating in OBS activities. I agree to comply fully with OBS regulations, and all customs, procedures, and rules of OBS. I affirm that I am in satisfactory physical condition concerning OBS activities to be engaged in by me, and I have either secured, or chosen not to secure, appropriate medical and personal injury and property damage insurance coverage for these activities. I hereby certify, attest and warrant that I possess the ability to swim seventy-five (75) yards in open water, in full clothing including footwear, without a lifejacket. I also attest that I possess the ability to tread water in a stationary position (without swimming) without a lifejacket for a period of five (5) minutes without help or assistance of any kind. I agree to wear a US Coast Guard-approved lifejacket while participating in any OBS activity if the above statements are not true with regards to swimming and or treading water.

  7. I hereby assign and grant to OBS the right and permission to use, store, reproduce, and publish photographs, film, video tapes, sound recordings, and/or printed or electronic representations that show my image, voice, and/or likeness thereof, and I hereby release OBS from any and all liability from such use and publication. I hereby authorize the reproduction, copyright, exhibit, broadcast, publishing, electronic storage and/or distribution of said photographs, film, video tapes, and sound recordings and/or other representations of said materials without limitation at the discretion of OBS. I specifically waive any right to compensation I may have for any of the foregoing.

  8. I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is
    contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving
    valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named
    above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING
    ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE
    OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY
    WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY
    RESPONSIBLE (INCLUDING DEATH).

🎉⛵️Thank you, we look forward to a safe and enjoyable cruise! 🎉⛵️

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