Rocky Point Club Fleet Usage Agreement
Rocky Point Club Inc. maintains that safety is the most important component of the sailing program. The success of the program depends entirely on your ability as the captain of a boat to determine the boat’s seaworthiness prior to departure, the weather conditions at the time of departure and during your use, and your skill to operate the boat and manage the crew safely in whatever conditions you may encounter.
RULES FOR SKIPPERS:
Skippers must be certified by either the Club Commodore or the Club Manager – NO EXCEPTIONS.
The RPC Fleet Usage Agreement must be signed by the skipper and on file at the Club.
Skippers shall know how to determine if the boat is seaworthy, understand all parts of the boat, and be able to depart and return to a mooring safely.
Skippers must be aware of “no-sail” zones and low tide risks, and abide by any restrictions set by the Club.
CARE AND USE OF THE BOATS:
The skipper is responsible for signing out a boat and signing the boat in upon return. The boat log will be kept in the Club gatehouse. FAILURE TO SIGN BOAT BACK IN MAY RESULT IN ADDITIONAL CHARGES.
The skipper is responsible for reporting any damage, missing items, wear and tear on equipment or other concerns to the Club Manager.
Boats must be de-rigged properly and any equipment stowed safely. Failure to do so may result in damages to the boat and charges to the skipper.
PFDs/RADIOS:
It is the skipper’s responsibility to be sure that each person on board has a USCG-approved PFD. Any sailor under the age of 13 must wear a USCG- approved PFD at all times.
The skipper must have a handheld marine radio. A limited number of radios are available from the Club Manager. The skipper should check with the gatehouse to determine which channel Rocky Point Club is currently monitoring. Failure to return the handheld radio will result in the skipper being charged for the replacement of that radio
WEATHER CONDITIONS:
Skipper is responsible for the determination of their own skills and their personal capabilities in various weather conditions.
It is the skipper’s responsibility to be aware of wind and weather conditions. If in doubt, check with the Club Manager. Radar and weather channels are monitored in the Club Manager’s office, but a skipper should independently monitor such conditions.
If weather warnings (i.e., small craft, thunderstorm or severe weather) are in effect, no club boats will be allowed to leave the moorings.
Club Manager has the right to declare that winds or fog are in excess of safe conditions, and boats will not be taken out.
DAMAGE TO BOATS / MISSING OR DAMAGED EQUIPMENT:
Skippers are liable for damages to boats.
Damages must be reported IMMEDIATELY upon return to the Club. Timely notification of any damage to a boat gives the Club the option to decide whether to submit a claim to its insurance for coverage of its losses.
During regattas, responsibility will be understood per the regatta documents (i.e. Notice of Race). Skippers are responsible for incidents that occur during racing, and if a protest hearing is held, the findings of the protest may assign liability, but the skipper is otherwise still liable for his/her boat.
Missing or damaged equipment must be reported IMMEDIATELY to ensure proper maintenance of the boats and the safety of other sailors.
WAIVER AND RELEASE
By filling out and signing this Agreement the Skipper acknowledges and agrees that: (a) risks and dangers exist in the Skipper’s use of sailing and boating equipment and participation in sailing and boating activities, classes, instruction and/or regattas; (b) the Skipper’s participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to: bodily injury, disability or death; (c) these risks and dangers may be caused by the negligence of Rocky Point Club Inc. and its Board of Governors, directors, officers, employees, managers, staff, agents, instructors and/or members; (d) Rocky Point Club Inc. may video or photograph participants engaged in the sailing and boating activities, classes, instruction and/or regattas; and (e) the Skipper hereby authorizes emergency medical treatment and transportation to the extent determined by Rocky Point Club Inc. By electing to participate in sailing and boating activities, classes, instruction and/or regattas the Skipper agrees to assume all risks and dangers and all responsibilities for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of Rocky Point Club Inc. and its Board of Governors, directors, officers, employees, managers, staff, officers, agents, instructors and/or members.
The Skipper, on behalf of herself/himself, her/his representatives and her/his heirs, executors and administrators voluntarily agrees to release, waive, discharge, hold harmless, defend and indemnify Rocky Point Club Inc. and its Board of Governors, directors, officers, employees, managers, staff, officers, agents, instructors and/or members from any and all rights and claims for damages that the Skipper may have against Rocky Point Club Inc. and its Board of Governors, directors, officers, employees, managers, staff, officers, agents, instructors and/or members for any and all injuries suffered and/or damage caused by the Skipper and/or anyone else on her/his boat as a result of participation in sailing and boating activities, classes, instruction and/or regattas including any damages or injuries caused by and/or to any other equipment and/or person including guest(s). The Skipper specifically understand that she/he is releasing, discharging and waiving any claims or actions that she/he may have presently or in the future have for the negligent acts or other conduct by Rocky Point Club Inc. and its Board of Governors, directors, officers, employees, managers, staff, officers, agents, instructors and/or members.
BY FILLING OUT THIS FORM AND SIGNING THIS AGREEMENT THE SKIPPER ACKNOWLEDGES THAT SHE/HE HAS READ THIS AGREEMENT AND AGREES THAT IT IS HER/HIS INTENTION TO EXEMPT AND RELIEVE ROCKY POINT CLUB INC. AND ITS BOARD OF GOVERNORS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, STAFF, OFFICERS, AGENTS, INSTRUCTORS AND/OR MEMBERS FROM LIABILITY FOR PERSONAL INJURY LIABILITY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.