COHASSET YACHT CLUB

Established in 1894

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Boat Use and Waiver Policy

RULES FOR THE USE OF CLUB SAILBOATS and RELEASE & WAIVER

(revised Spring 2009)

 

TO BE SIGNED BY ALL USERS OF CLUB SAILBOATS AND ALL STUDENTS OF ADULT SAILING PROGRAM. SIGNING THIS FORM ONCE DURING A SEASON COVERS ALL USES OF ALL BOATS FOR THE SEASON FOR THE SIGNER.

 

The Club is pleased to make available for the use of all its Members its three daysailers, Sweet Pea and Syndicate (Bullseyes) and Fiddler (Herreshoff 12½ ), subject to the following rules and conditioned on signing this form:

 

Rules of Use:

Who Can Use: The boats shall be available for the use of any “certified” adult (18+) Members of the Club. The skipper must be “certified” for use pursuant to the instruction and qualification rules of the Adult Sailing Program as they exist at the time. Being “certified” means that it is determined that the Member is of sufficient sailing experience to be able to handle the boat, including sailing on and off its mooring, and that the Member is familiar with the rigging and care of the boats. To become certified, a Member has gone through the Adult Sailing instruction program and then has passed a certification “test” with a qualified instructor. Other experienced sailors in the Club who are not in need of the instructional program can become certified by contacting the Adult Sailing Committee.

 

The certified Member must be on the boat during use; in other words, the Member cannot reserve the boat for use by a non-certified skipper.

 

Member Responsibility:
Notwithstanding the above-stated certification process, Members using the boats are responsible for making their own determinations about their own competency, skill and ability to handle the boats, and about weather and water conditions.  Members using the boats are also responsible for the care and safety of their crews.

 

Reservations:
The Adult Sailing Committee will maintain a reservations and scheduling book for use of the boats, which will be in the possession of the Club steward or launch driver on duty. Members are encouraged to reserve use of the boats in advance to avoid conflicts. If there is no one reserving a boat at a given time, “walk-on” users will be accommodated on a first come, first serve basis. “Walk-ons” must also place their name in the reservations book, so that there is a record of who is using the boats at all times.

 

If you have reserved a time to use a boat, please be on time. A reservation for a boat will be held for15 minutes, after which the boat will be made available to other users.

 

Reservations can only be made by a Member.

 

Availability:
The boats will be generally available for use seven days per week, 9 AM to dusk; however they will not be available if in use by the Adult Sailing Committee for instruction or other events. There will be Adult Sailing instruction on Sunday mornings and Thursday evenings, and the boats will also be in use for Tuesday evening social sail and Wednesday evening racing. On the weekends or holidays, the boats will be available for scheduled blocks of time of 3 hours duration. This is to insure maximum availability during the time of anticipated peak use. Members are asked to strictly adhere to the time limits so that other Members may enjoy the boats. On weekdays, scheduling will be more at the user’s choice, but adherence to the 3 hr. time limit is requested to allow for others to use the boats as well. Use the radios to check if anyone has reserved behind you.

 

Crew:
For the safety of the boats and their users, no more than 4 adults or a combination of 6 adults and children should be on board during use. All crew should remain in the cockpit while at sea.

 

Damage:
Users of the boats shall promptly report to Club staff and/or the chair(s) of the Adult Sailing Committee any damage, repair or maintenance issue, however minor, that the user observes at the beginning of a sail or that arises during the use of the boat.

 

Return of Boats:
Unless requested by Club staff (steward, asst. stewards or launch drivers) or the next user, the boats are to be returned to their moorings after use. Returning them at the dock and leaving them there is not permitted unless so directed by Club staff.

 

Also unless requested by Club staff or the next user, all sails are to be lowered, secured and covered, and cockpit covers are to be put in place, after each use.

 

Equipment & Life Jackets:
On boat safety equipment will include: an extra line for towing, an oar or boat hook, a swim ladder and 4 life jackets/PFDs. Each boat also has an orange safety kit and radio, the former kept in the launch driver’s shed, the latter in the clubhouse kitchen. Please be sure radios are returned to their chargers in the kitchen. Both MUST be taken on board for all uses. If the PFDs provided do not fit the crew or are of insufficient number, Members using the boat are responsible for providing required life jackets/PFDs. Use of a boat will be denied by Club staff if not all occupants have a life jacket/PFD before boarding.

 

Beverages:
No alcoholic beverages may be brought onto or consumed on the boats at any time. All other food/drink leftovers should be removed from boat when you depart.

 

Racing:
All boats are to be available to the Members for use in Wednesday night racing, the Chowder Race, the Dickson Cup, and any Saturday class racing. Thus, recreational use cannot be reserved to go beyond 5PM on Wednesdays or beyond a time two hours prior to a weekend race start time. It is requested that in the spirit of the Wednesday night, Chowder and Dickson races, who will use the boats for those races will be decided upon amicably by those present. For class racing, accommodation should be made to let skippers use the same boat each time. It is requested that students of the Adult Sailing Program be included in the crews of these boats if desired by the student. After weekend races, the Member is asked to return the boat for general availability as soon as practicable after the race. The boats will not be available for out of town racing



The Club and Adult Sailing Committee reserve the right to deny further use of the boats by a Member owing to negligence, misuse, violation of these use and safety rules or of generally accepted safety standards, or if a Member does not prove to be sufficiently skilled to safely operate the boats.

 

 

Release and Indemnity:

I/we have read the above rules.

I/we hereby agree in our own behalf, and on behalf of our children, wards, guests, as parents or guardians of juniors, who participate in the Adult Sailing Program, use the Club facilities, or come upon the Club premises:

 

to assume all risk incidental to my/our use of sail or power boats of the Cohasset Yacht Club

to waive, release, absolve, indemnify and agree to hold harmless the Cohasset Yacht Club, its officers, supervisors, employees and other Members from any and all claims arising out of out of the use of sail or power boats of the Cohasset Yacht Club for:  

personal injury to us, my/our children or wards, and/or guests,


damage to or loss of my/our property or that of my/our children or wards, and/or guests,


personal injury suffered by third parties (persons not on the boat I am/we are using),


property damage suffered by third parties (persons not on the boat I am/we are using and other boats),


any fines or penalties assessed by the US Coast Guard or other law enforcement agency for violation of safety rules, “rules of the road”, use of alcohol or drugs, failure to have PFDs in use by those required to be wearing them at all times, and/or failure to have enough PFDs on board after accounting for those provided on the boat by the Club.

I/we further agree on my/our own behalf and on the behalf of my/our children, wards, and/or guests, while using any sail or power boats of the Cohasset Yacht Club, including Sweet Pea, Syndicate and Fiddler, and the incidental equipment for same, to maintain the craft and equipment in at least the same state of condition as we found them at the time we assumed usage of the boat, reasonable wear and tear excepted.

I/we also agree, at the termination of said usage, to report any damage as a result of said usage; and to reimburse the Club for any damage or loss to the boat that may have occurred, other than by reasonable wear and tear, while being used by me/us, my/our children, wards, and/or guests.


Student Instruction & ASC Activities:

The above release and indemnification does not apply to an instructor or student during instruction periods of the Adult Sailing Program. The instructor or student shall not be held liable for any injury or loss unless that instructor or student has intentionally violated a rule of use, rule of the Club, other safety rule or “rule of the road” and/or the directions of an instructor. Notwithstanding the lack of liability, if a student is uncomfortable at the helm in a given situation, he/she should inform the instructor immediately.


The above release and indemnification will also not apply to the certified skipper using the boats during Tuesday evening social sail.


The above release and indemnification will apply to, however, to the certified skipper using the boats during racing events.


Acknowledged, understood and agreed:            _____________________________________

                                                                        Member and/or Student

 

                                                                        ______________________________________

                                                                        Member  and/or Student

Date:


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