Read before signing
Member Acknowledgment, Assumption of Risk, Release of Liability, and Guest Indemnity Agreement
This agreement affects important legal rights. It is intended to apply only to the maximum extent permitted by California law.
Membership and scope
I represent that I am a current member of the Washington Outboard Club (“WOC”). This Agreement applies whenever I use, enter, or occupy any property, grounds, parking area, boat-launching area, ramp, dock, building, equipment, or other facility made available to WOC members (“Facilities”), and whenever I attend, participate in, assist with, volunteer for, travel in connection with, or observe any meeting, derby, charter, fishing trip, dinner, workday, training, social gathering, or other activity sponsored, organized, promoted, or conducted by WOC (“Activities”).
“Released Parties” means WOC; the Sacramento-Yolo Port District; and, to the extent acting within the scope of their duties for either organization, their respective commissioners, directors, officers, employees, volunteers, agents, representatives, property managers, and successors.
Acknowledgment and assumption of risk
I understand that using waterfront and boating facilities and participating in boating, fishing, volunteer, social, and recreational activities involve inherent and other risks that may cause property damage, personal injury, illness, disability, drowning, or death.
- Slippery, wet, uneven, damaged, or obstructed surfaces;
- Unprotected waterfront edges, docks, gangways, ramps, pilings, and changing water levels;
- Tides, currents, waves, wind, rain, heat, cold, darkness, poor visibility, and submerged hazards;
- Launching, retrieving, operating, boarding, loading, unloading, or riding in boats and vehicles;
- Collisions with boats, vehicles, trailers, docks, debris, structures, or other persons;
- Equipment failure or misuse;
- Acts or omissions of members, guests, volunteers, boat operators, participants, or members of the public; and
- Delayed or unavailable emergency assistance.
I knowingly and voluntarily accept and assume all risks associated with my use of the Facilities and participation in Activities, whether known or unknown, foreseeable or unforeseeable, including risks arising from the ordinary negligence of a Released Party, except to the extent a risk or claim cannot lawfully be assumed or released.
Release, waiver, and covenant not to sue
TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ANY RELEASED PARTY for any claim, demand, action, cause of action, loss, expense, property damage, bodily injury, illness, disability, wrongful death, or other damage sustained by me that arises out of or relates to my presence at or use of the Facilities; my participation in or attendance at an Activity; or the inspection, maintenance, condition, design, operation, supervision, organization, or use of the Facilities or Activities, including a claim caused in whole or in part by the ordinary negligence of a Released Party.
This release is intended to apply to ordinary negligence, including negligent inspection, maintenance, supervision, instruction, organization, or failure to warn. It does not release or waive a claim to the extent the claim arises from gross negligence, reckless conduct, willful or intentional misconduct, fraud, or a violation of law or statutory public-safety duty that California law does not permit to be released.
Guests
A “Guest” means any person whom I invite, sponsor, transport, accompany, permit, or assist in entering or using the Facilities or attending or participating in an Activity. I agree to explain applicable WOC and Port rules to each Guest and remain responsible for the Guest’s compliance. I will not knowingly permit a Guest to use the Facilities or participate in an Activity unless the Guest has completed any separate acknowledgment and release required by WOC.
Each adult Guest must execute the required guest release personally. A release for a minor Guest must be completed by the minor’s parent or legal guardian. I am responsible for losses or damage caused by my Guest’s acts or omissions to the extent permitted by law.
Guest claims—indemnity and duty to defend
TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, I AGREE TO INDEMNIFY, DEFEND UPON WRITTEN TENDER, AND HOLD HARMLESS THE RELEASED PARTIES from and against any claim, demand, lawsuit, liability, judgment, settlement, penalty, damage, or reasonable attorney fee or defense cost asserted or incurred because of a claim brought by or on behalf of one of my Guests, or arising from the acts or omissions of me or one of my Guests, in connection with the Facilities or an Activity.
This obligation includes a Guest’s claim alleging the ordinary negligence of a Released Party, but only to the maximum extent California law permits. It does not require me to indemnify or defend a Released Party to the extent a final determination establishes that the claim resulted from that Released Party’s gross negligence, reckless conduct, willful or intentional misconduct, fraud, or violation of a nonwaivable law or statutory public-safety duty.
My duty to defend begins when a Released Party provides me with written notice and tenders defense of a claim potentially within this section. The Released Party may elect to control its defense using counsel of its choice, and I will reimburse reasonable defense expenses for covered claims. No settlement imposing an admission, nonmonetary obligation, or uncovered liability on me may be entered without my written consent, which will not be unreasonably withheld.
Insurance and responsibility for property
I understand that WOC and the Sacramento-Yolo Port District do not provide health, accident, boat, vehicle, property, or liability insurance for me or my Guests. I am responsible for maintaining any insurance required by WOC rules or reasonably appropriate for my boat, vehicle, trailer, activities, and Guests. I remain responsible for my personal property and for damage caused by me or my Guests.
Knowing and voluntary agreement
I acknowledge that this is a release of liability and an agreement to defend and indemnify. I understand that I am giving up substantial legal rights, including the right to bring certain claims based on ordinary negligence, and that the guest-indemnity provision may require me to pay defense costs and covered losses arising from a Guest’s claim.
I have read this Agreement carefully, understand it, have had the opportunity to ask questions and consult an attorney, and accept it knowingly and voluntarily. No oral statement has modified its terms.
Severability and governing law
This Agreement shall be governed by California law. If any provision is held invalid or unenforceable, it shall be limited or severed only to the minimum extent necessary, and the remaining provisions shall continue in effect. Any action concerning this Agreement shall be brought in a court of competent jurisdiction in Yolo County, California, unless applicable law requires otherwise.