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Waikiki Yacht Club
Etchells Charter Agreement
Charter Policy: The WYC Etchells Fleet is available for charter to qualified skippers. The chartering member is responsible for Insurance and maintaining their Etchells during their charter period. Mooring is included in the Charter. The Charterer is responsible for all loss and damage to the chartered Etchells while in their possession.
2007 Charter Rates -Annually: $ 3,500.00
Additional Requirements:
Class Dues - Charterer must join the Etchells Fleet 29 Class Association. Dues are $40 per year, payable upon first charter.
I agree to charter the Etchells and keep the boat clean and in working condition. *
I agree to have $300,000 liability and comprehensive insurance on the boat during the charter.
I agree to name the WYC and the Waikiki Yacht Club Education Foundation as additional insureds.
I agree to sign the Etchells Program Waiver and Release.
I agree to cause all of my crew members to sign the Etchells Program Waiver and Release.
I agree to supply proof of insurance coverage to the Port Captain before I can sail an Etchells.
I agree to repair all sails, lines, and rigging, mast and hull damage occurring during the charter.
I agree to return the boat at the end of the charter in the same or better condition than I received it in less normal wear and tear.
I agree to pay the deductible for damage claimed on my insurance policy.
I agree to join Etchells Fleet 29
I agree to allow the Etchells to be borrowed if needed for the events like the following *:
Prince of Wales Cup * Mallory Cup * Adams Cup * Lipton Cup One Design
Anyone using the boats for the above regattas must have US Sailing Borrowed Boat Insurance and agree to all above charter requirements.
•*The Fleet Captain is responsible for evaluating the maintenance of the fleet. If a boat is not maintained the Fleet Captain will issue a written warning to the Charter with a time limit to correct. If the boat is not corrected the Charter may be terminated. No refunds allowed on terminated charter agreements.
Revised 5-23-07
WAIKIKI YACHT CLUB
Etchells Program
WAIVER AND RELEASE OF ALL LIABILITY
ASSUMPTION OF RISK
A.In consideration of the privilege and pleasure to be derived by me in participating in the Waikiki Yacht Club (“WYC”) Etchells program, and my use of the WYC equipment, facilities and services related thereto, I hereby pledge that I am responsible for my own safety and that I ASSUME ALL RISKS OF INJURY AND ALL RESPONSIBILITY AND LIABILITY FOR ALL ACTS OR ACTIVITIES of myself for any and all damages or injury that may be caused by or to me in any way arising out of or resulting from my participation in the WYC Etchells program and/or use of WYC equipment, facilities, and services related thereto. Equipment includes all equipment actually used in Etchells racing, including but not limited to the boats, booms, masts, life vests, Hoist, safety equipment, boarding areas, landing areas and all other natural or man-made features where the activity is conducted. Risks include, but are not limited to, slipping, tripping, falling, drowning, equipment failure, variation in weather, wind and water conditions, aggressive or poisonous marine life, the effects of strenuous physical exertion, wrist, arm, shoulder and/or back injuries and collisions with other watercraft, or obstacles.
B.I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WYC, OR ANY OF THEIR INSURERS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES OR OTHERS RENDERING SERVICES (hereinafter “WYC, ET AL.”) from and for any and all bodily injury, death or property damage which in any way arises out of or results from any Etchells activities sponsored or conducted by WYC, ET AL., whether any such claims may be based upon alleged active or passive negligence, or otherwise, or wrongful misconduct, or upon any alleged breach of any statutory duty or obligation.
C.I HEREBY AGREE TO INDEMNIFY, DEFEND AND SAVE AND HOLD HARMLESS WYC, ET AL., from all loss, liability, damage, or costs, including reasonable attorneys’ fees and legal costs, which WYC, ET AL., may incur for any and all losses or damages for bodily injury, death or dismemberment, or damage to property which in any way is caused to me or by me.
D.I HEREBY AGREE to follow all rules and instructions for safe operation of the equipment and to use due care to avoid injury to others or mysel
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