The statement in the NOR is not an indemnification or "hold harmless" release but is a disclaimer of liability. It does not hold the competitor liable for anyone else's property that an indemnification or hold harmless release would....which is what the US Sailing prescription rule 82 excludes. As far as I can tell, rule 82 does not prohibit the inclusion of a release of liability statement or liability disclaimer.
HOWEVER, the entry form that was recently published for area Dn does contain a hold harmless release and should be changed to a liability disclaimer instead...thanks for pointing that out - we'll work on that.
A waiver (or release) of liability is fine. I can't remember a regatta that doesn't require one to enter. An indemnification (or hold harmless) agreement is not. The last page of the NOR currently posted at the link above contains:
THIS IS A RELEASE AND INDEMINITY AGREEMENT I hereby give up all of my rights to sue or make
claims for damages due in negligence or any reason whatsoever against the event organizers,
the promoters, sponsors, and all other persons, participants or organizations conducting or
connected with this event for injury to property or person I may suffer while participating in the
event and while upon event premises. I know the risks of danger to myself and property while
preparing for and participating in the event, and while on the premises, relying on my own
judgment and ability, assume all such risks of loss and hereby agree to reimburse all costs to
those persons or organizations connected with this event for damages incurred as a result of my
negligence.
The highlighted portions are an indemnification agreement. RRS 82 expressly prohibits indemnification agreements. I would not sign an entry form with such an agreement, and (if the matter came to me in a protest) I would permit entry from a competitor who refused to sign it.
I think it's important to get the waiver of liability right, for two reasons:
1) to not drive away potential entrants who won't sign a hold-harmless agreement, and
2) to not have entries who reject the agreement and fail to sign any waiver at all.
The first is harmfult to the competitors; the second to the organizing authority.
Personally, I also think this Waiver of Liability goes a bit too far. It renounces all claims against all participants for injury or damages for any reason whatsoever. This goes against RRS 68(c) which states:
...damages arising from any breach of the rules shall be based on fault as determined by application of the rules, and that she shall not be governed by the legal doctrine of "assumption of risk"...
Furthermore, I don't want to waive my right to sue an individual should he hit me with his car (whether deliberately or negligently).
Regards,
Eric
