Participant voluntarily elects to participate in a ticketed program, event, class, tour, or activity organized, hosted, sponsored, promoted, or administered by The Albert F. Egan, Jr. and Dorothy H. Egan Foundation, Inc., DBA Egan Maritime Institute (the “Program”).
Programs may take place:
- On the water (including aboard vessels, launches, docks, or waterfront facilities);
- At the Organization’s museum, campus, or other shoreside facilities; and/or
- At third-party locations.
Programs may be conducted by the Organization and/or by independent third-party operators.
Participant understands and acknowledges that participation in the Program involves inherent risks, which may vary depending on the nature and location of the Program. These risks include, but are not limited to:
- Slips, trips, and falls in indoor and outdoor spaces
- Uneven surfaces, stairs, ladders, docks, and gangways
- Crowded public spaces and interaction with other participants
- Use of tools, equipment, exhibits, or materials
- Boarding, riding on, or disembarking from vessels or launches
- Changing weather, wind, tide, and sea conditions
- Motion of vessels and maritime equipment
- Acts or omissions of third parties
- Risk of serious injury, illness, permanent disability, or death
Participant understands that these risks cannot be entirely eliminated, even with reasonable care.
Participant knowingly, voluntarily, and expressly assumes all risks, whether known or unknown, foreseeable or unforeseeable, arising out of or related to participation in the Program.
This Section applies only to Participants who are eighteen (18) years of age or older.
To the fullest extent permitted by Massachusetts law, Participant hereby releases, waives, and discharges the Organization and its officers, directors, employees, volunteers, agents, and affiliates from any and all claims, demands, causes of action, or liabilities arising out of or related to participation in the Program, including claims arising from the ordinary negligence of the Organization.
This release does not apply to claims resulting from gross negligence, recklessness, or willful misconduct.
If the Participant is under eighteen (18) years of age, the undersigned Parent/Guardian acknowledges and agrees that:
- I understand that under Massachusetts law, I may not waive a minor’s personal injury claims in advance.
- I consent to the minor’s participation in the Program.
- I acknowledge and accept the risks described in this Agreement on behalf of myself and the minor.
- I agree to indemnify and hold harmless the Organization from any claims, demands, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to the minor’s participation in the Program, to the fullest extent permitted by law.
Participant acknowledges that certain Programs, or portions thereof, may be operated by independent third-party vendors or partners, including but not limited to vessel operators, instructors, guides, or contractors.
Participant understands and agrees that:
- Such third parties are independent entities and not agents of the Organization;
- The Organization does not control the day-to-day operations or safety practices of third-party operators; and
- Participation may be subject to additional terms, waivers, or rules required by such third parties.
Participant agrees to:
- Follow all posted rules and staff instructions;
- Conduct themselves in a safe and respectful manner;
- Refrain from participation if under the influence of alcohol or drugs; and
- Immediately notify staff of any unsafe condition or personal injury.
Participant authorizes the Organization to obtain emergency medical treatment if reasonably necessary during participation in the Program and agrees to be financially responsible for any such treatment.
Participant grants the Organization permission to photograph or record the Participant during the Program and to use such images or recordings for educational, promotional, or marketing purposes, without compensation, unless the Participant opts out in writing.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
By signing below OR purchasing a ticket or registering online, the undersigned acknowledges that they have read and understand this Agreement and voluntarily agree to its terms.
Participant Name:
______________________________
Signature: _________________________________
Date: ___________________
If Participant is a Minor:
Parent/Guardian Name: ________________________
Signature: _________________________________
Date: ___________________