This agreement limits the liability of the Sidney North Saanich Yacht Club and its employees, directors and volunteers for injury, death, property loss or damage suffered by you. Please read this agreement carefully before you sign it. 1. Medical Condition & Authorization. I certify that the named Participant is physically able to participate in Sidney North Saanich Yacht Club programs. and that I know of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in such a program. I also understand that SNSYC will administer no physical examinations and will rely solely upon the information submitted via forms. I give permission for participant to receive emergency medical treatment if necessary. I hereby authorize directors, coaches, staff and associates of SNSYC to act on my behalf according to their best judgment in any emergency requiring medical treatment, if necessary. 2. Financial Responsibility & Insurance. I will be financially responsible for any medical attention needed during the program duration or resulting from an injury received during program participation. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that SNSYC shall not assume, or be responsible or liable for expense, medical treatment, or compensation for any injury to the named Participant may suffer during program participation or related activities. 3. Compliance with Program Participation Rules. Participant understands and agrees to comply with all of SNSYC rules, policies and stated and customary terms, conditions or requirements for participation (Program Participation Rules) including any rules or conditions of any hotel or transportation service provider in which participant uses during their program participation. I/we agree that if any unusual or significant concern in participant’s readiness for participation in the program or participant’s failure or unwillingness to comply with the Program Rules, you may, at your sole discretion, remove participant from participation and immediately inform the nearest SNSYC Sailing School Manager. Also, I/we hereby release and forever discharge SNSYC, from all claims, actions, damages, or liabilities (including attorneys' fees and costs), arising from or related to any acts, actions, failures to act by Participant or Participant's disregard or failure to follow Program Rules. 4. Assumption of Risk of Program Activities. I understand the risk of injury to Participant from the activities involved in Program activities is significant, including the potential for permanent disability and death. The term “Program Activities” includes but is not limited to travel to and from, activities on land and water, activities before and after instruction at any hotel or third-party facilities at which a Program activity or function is conducted. While the particular program rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/we (Parent/Guardian and Participant) knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of SNSYC, and its Coaches, Instructors, Staff, Management, and Directors and I/we assume full responsibility for participation in Program by Participant. 5. Release & Hold Harmless. I/we for myself and on behalf of Participant hereby release and hold harmless SNSYC, and its Coaches, Staff, Management, Directors, Sponsors, Representatives, Volunteers and if applicable the owners and lessors of the premises used to conduct Programs (Releasees) with respect to any and all injury, disability, death or loss or damage to person or property incident to participant’s involvement or participation in any and all Program activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law. 6. Indemnity. I/we, for myself and on behalf of Participant, hereby indemnify and hold all the above Releasees from any and all liabilities incident to Participant’s involvement or participation in all Program activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law. 7. Cancellation Policy: Cancellations 14+ days before the start of a program will receive a full refund, less a $50 administrative fee. Cancellations 7-14 days before the start of a program will receive a 50% refund, less a $50 administrative fee. Cancellations under 0-7 days before the start of a program will receive no refunds, except in cases of extenuating circumstances, which will be evaluated on a case-by-case basis. No pro-rated refunds for any elective absences. SNSYC reserves the right to cancel a program for any reason without prior notice. In this case, full refund is given. SNSYC will not be responsible for refunds on airline flights, hotel reservations, or other incidental fees incurred in conjunction with the program. 8. Payment: Registration must be paid in full at time of registration, prior to attending programs. 9. Publicity. I understand and agree SNSYC, retains the right to use, for publicity and advertising, photographs of program participants taken during program participation. 10. Limitation of Liability: I agree that the total liability of SNSYC, its affiliates and respective directors, coaches, instructors, officers, employees, and agents with respect to services performed or to be performed by SNSYC, shall not exceed 100% of the compensation received by SNSYC, from me pertaining to participant. The parties agree and acknowledge this Section of the Agreement is a material part of the consideration for the Agreement. 11. Severability. If any provision of these Terms and Conditions, or the application of any such provision to any person or set of circumstances, shall be determined to be invalid, unlawful or unenforceable, the remainder of these Terms and Conditions shall continue to be fully valid and enforceable, permitted by law. 12. Governing Law & Jurisdiction. These Terms and Conditions will be governed by the law of the jurisdiction in which the Program is conducted. I/we agree that any action brought under these Terms and Conditions shall be brought in the jurisdictional court. In the event either party commences an action under these Terms and Conditions, the prevailing party shall be entitled to reasonable attorney’s fees and costs. The participant further agrees with SNSYC: • That they can swim not less than 50 meters and can tread water for not less than 3-minutes. • That they will always wear an approved life jacket when on the water. • That they will promptly obey all rules and directions of the instructors. • That poor behaviour, or behaviour which might jeopardize the safety of others, or cause negligent damage to the club facilities and boats, may be grounds for expulsion from the course without refund. • That they will not go out on the water before the safety boat is launched, unless directed to do so by the instructors. • That they understand that sailing involves the risk of capsize and swimming. • That they are responsible for their own safety and comfort while on the water and will return to the launch area or promptly notify the instructor if for any reason they feel it unsafe or unwise for them to remain on the water. • That they will be awarded a certification for the level, if/when all requirements for certification are met. By signing below, I/we (Parent/Guardian of Participant and/or Participant) agree to the following terms and conditions of participating in the Programs provided by Sidney North Saanich Yacht Club (SNSYC).