ACKNOWLEDGMENT, WAIVER AND RELEASE

The undersigned participant in a nautical activity sponsored by the Ukrainian-American Nautical Association, Inc. (hereinafter "U.A.N.A.I."), intending to be legally bound, hereby acknowledges and agrees as follows:

  1. Acknowledgment: Sailing and other water sports are inherently dangerous. It is my sole responsibility as a participant to ascertain the appropriateness of my physical condition, the adequacy of the skills of my skipper and fellow crew members, and the seaworthiness of the watercraft. In participating in this U.A.N.A.I.-sponsored nautical activity, I acknowledge that I have made my own determination as to the foregoing factors and am participating as a result of my own inquiry, and not in reliance on any representations made by the U.A.N.A.I., its agents, officers or directors. I understand that the U.A.N.A.I. and its representatives do not assume any responsibility or liability for the actions of any participant, the seaworthiness of the watercraft, the conduct of the charter company, or the navigability of the waters. (INITIAL TO INDICATE YOU HAVE READ THIS PARAGRAPH) _________
  2. Assumption of Risk: I am aware that the activities involve maneuvering a boat on deep water in potentially hazardous conditions which may include, among other things, strong winds and high waves and/or sudden and unexpected immersion in deep water. I voluntarily agree to take part in the activities. I accept all risks to myself of injury, permanent disability, death, economic loss and property damage arising not only from the above but from my own actions, and the actions, inactions or negligence of others, or the condition of the watercraft. In addition, I am aware there may be other risks not known to us or not reasonably foreseeable at this time. (INITIAL TO INDICATE YOU HAVE READ THIS PARAGRAPH) _________
  3. Waiver of Liability: I waive and release any right I, my heirs, distributees, guardians, legal representatives and assigns may have or may acquire to make a claim against, sue, attach the property of or prosecute the U.A.N.A.I., its directors, officers, representatives, agents, and other participants (hereinafter "releasees") for monetary damages on account of any injury, including death and permanent disability, or any damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise. (INITIAL TO INDICATE YOU HAVE READ THIS PARAGRAPH) _________
  4. Indemnity Agreement: I agree to indemnify and hold the releasees harmless from any loss, liability, damage or cost, including reasonable legal fees they may incur due to my participation in the activities, whether or not such loss, liability, or damage is caused by the negligence of the releasees or otherwise. (INITIAL TO INDICATE YOU HAVE READ THIS PARAGRAPH) _________
  5. I have read the attached Sailing Rules and Regulations and agree to abide by the same. (INITIAL TO INDICATE YOU HAVE READ THIS PARAGRAPH) _________
THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGEMENT, WAIVER AND RELEASE, HAS BEEN PROVIDED WITH A COPY OF THE SAME, UNDERSTANDS THAT HE OR SHE GIVES UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS IT VOLUNTARILY.
Signature: _____________________________________ Date: __________