The signed consent form MUST be on file in order to complete registration. One must be on file for each sailor. Share the link to this form with each member of your team- if applicable.

WAIVER and RELEASE of LIABILITY

For and in consideration of the undersigned’s participation in any US Sailing (“Event” or “Events”), sponsored by US Sailing (the “Organization”), hosted by various Host Clubs/Organizations (the “Hosts”), I, for myself, and on behalf of my spouse, children, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Agreement (the “Agreement”):

A.  RULES AND REGULATIONS:  I hereby agree to abide by the rules, regulations, and policies of the Organization, Host, any and all COVID-19 related safety measures required by the Organization and/or Host.

B.  ACKNOWLEDGMENT OF RISK:  I knowingly, willingly, and voluntarily acknowledge the inherent risks associated with the sport of sailing and attendance at an Event, and that participation in any Event involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and communicable disease, trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other participants, event staff, volunteers or spectators; contact or collision with other participants or natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers and competition management; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). Special note regarding COVID-19 and other communicable diseases. Risks under this Agreement include the potential for exposure to communicable diseases such as COVID-19, an extremely contagious virus that spreads from person-to-person contact. The Organization has taken preventative measures to reduce the spread of COVID-19; however, attending or participating in an Event could increase your risk of contracting COVID-19 which may result in personal injury, illness, permanent disability, and death.
 
C.  ASSUMPTION OF RISK:  I understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of my own actions or inactions, the actions or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that I incur as a result of my participation in any Events.  I also agree to be responsible for any injury or damage caused by me or any agents under my direction and control at any Event.

D.  RELEASE:  In consideration of my participation in any Event, I hereby release from liability and waive any claims against the Organization, and Host(s) of the Event, its licensees, competition managers, promoters, sponsors, advertisers, beneficiaries, venue providers, and supporting organizations, together with the officers, directors, employees, volunteers, and contractors of them (the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorney fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.

E.  COMPLETE AGREEMENT AND SEVERABILITY CLAUSE:  This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.  If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

F. NO COMPENSATION DECLARATION: As this Championship is held in the Corinthian spirit of competition, no skipper or crew may be paid to sail in this event. By signing this waiver, you declare that you are not receiving any type of compensations, financial or other to participate. 

 I HAVE CAREFULLY READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ALL OF ITS TERMS AND CONDITIONS, AND KNOW IT CONTAINS AN ASSUMPTION OF RISK, RELEASE, AND WAIVER FROM LIABILITY.

By signature below,  I (as the participant and also the Parent/Legal Guardian of the minor identified below) hereby accept and agree to the terms and conditions of this Agreement in connection with my (or the minor’s) participation in any Event.  

 

 

DEPICTION RELEASE 

In consideration of the undersigned’s participation in any US SAILING Adult Championship Event (“the Event”) sponsored by US SAILING, (the “Sponsor”) and hosted by various Host Clubs/Organizations (the “Hosts”) in the current calendar year, the undersigned participant (“Participant”) and if such Participant is a minor, the Participant’s parent or legal guardian by countersigning below (“Parent/ Guardian”), hereby grant to the Sponsors and the Host, perpetually and irrevocably, the unconditional and exclusive right, title and interest throughout the world to use, simulate and portray Participant’s name, likeness, voice, personality, personal identification, and personal experiences, incidents, situations and events, whether visual and/or audio, including without limitation photographs, videotape, film and other recordings, electronic or optical-based media, or any other form or medium whatsoever, whether now or hereafter existing, and of every kind and character (collectively “The Images”), which may be taken or taken of Participant while participating in any aspect of the Event. Participant and Parent/Guardian understand and agree that one or more of the Sponsors and/or Host will be the owner(s) of any and all right, title and interest in and to the Images, in any derivative works, and in any merchandising, advertising, promotional and publicity rights and materials related thereto in all media of every nature whatsoever, whether now known or hereafter devised. Participant reserves no rights with respect to such uses. Participant and Parent/Guardian acknowledge the Sponsors’ and the Host’s right, title and interest in and advertisement, promotion, distribution and sale of products or events directly or indirectly related to the Event and/or yacht racing. Participant and Parent/Guardian agree that the Sponsors and the Host shall have unlimited right to vary, change, alter, modify, add to, and delete from any depictions of Participant in the Images and to rearrange and/or transpose such depictions as each may determine. Participant and Parent/ Guardian hereby waive any right to inspect, review or approve the Images and their use by the Sponsors and the Host and acknowledge that they are to receive no payment with respect to any matter referred to herein and that any and all of the rights granted herein are freely assignable by Sponsors and/or Host.

PARTICIPANT AND PARENT/GUARDIAN, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND NEXT OF KIN (COLLECTIVELY, “RELEASERS”), HEREBY FOREVER WAIVE, RELEASE AND DISCHARGE EACH OF THE SPONSORS, THE HOST AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, MANAGERS. EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS AND REPRESENTATIVES (EACH A “RELEASED PARTY”) FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT RELEASORS MIGHT NOW OR HEREAFTER HAVE FOR LIBEL, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, OR VIOLATION OF ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY UTILIZATION OF THE RIGHTS GRANTED UNDER THIS DEPICTION RELEASE.

CODE OF CONDUCT

UNITED STATES SAILING ASSOCIATION
STATEMENT OF ETHICS AND CODE OF CONDUCT

Section 1. Statement of Ethics

US Sailing promotes a culture of ethical conduct within its organization and throughout its membership and is committed to fostering an atmosphere of respect, integrity, honesty, competence, accountability, and teamwork. US Sailing also embraces diversity, equity, inclusion, and access in all aspects of US Sailing activities and respects others without regard to race, ethnicity, color, religion, national origin, sex, gender identity, sexual
orientation, veteran status, or disability.

This Statement of Ethics and Code of Conduct Policy is intended to reflect US Sailing’s organizational values and set the standard of conduct that is expected of all its Affiliated Individuals as defined herein.

 

Section 2. Code of Conduct

A. APPLICABILTY
1. This Code of Conduct shall apply to the following Affiliated Individuals:
i. US Sailing Board of Directors and officers
ii. US Sailing employees
iii. US Sailing Committee Members
iv. US Sailing Members
v. Where reasonable, contractors shall be required to comply with this
Policy through their written contracts.

B. US SAILING EXPECTATIONS OF CONDUCT

Participation as an Affiliated Individual with US Sailing is a privilege, not a right. This Code of Conduct prescribes the conduct expected of all Affiliated Individuals. Adherence to this Code of Conduct is crucial to US Sailing’s fulfilment of its goals and mission. Violation of any provision of this Code of Conduct may result in the imposition of sanctions, including the temporary or permanent suspension of an Affiliated Individual’s position or membership with US Sailing.

This Code of Conduct applies to Affiliated Individuals in addition to, and not in lieu of, any other restrictions on the conduct of an Affiliated Individual including, without limitation, the Ted Stevens Olympic and Amateur Sports Act (“Ted Stevens Act”), US Sailing’s employment practices (as to US Sailing employees, contractors, and volunteers only), the U.S. Center for SafeSport Code (“SafeSport Code”), United States Olympic and Paralympic Committee (“USOPC”) bylaws, policies, and procedures, and any applicable federal, state
or local law or ordinance. 

All Affiliated Individuals are expected to adhere to the following:

1. U.S. Center for SafeSport (the “Center”) Rules and Policies
i. Affiliated Individuals are considered to be Participants under the
SafeSport Code and are required to comply with the SafeSport Code,
as it may be amended from time to time. Violation of the SafeSport
Code constitutes a violation of this Code of Conduct that may be
sanctioned by US Sailing in the event that the Center declines to
exercise jurisdiction over any alleged SafeSport Code violation. A
copy of the current version of the SafeSport Code can be found here
and is incorporated herein by this reference as though set forth in full.
In the event that the Center determines that an Affiliated Individual
has engaged in prohibited conduct, US Sailing will enforce to its
fullest extent any sanction that the Center may impose.
ii. No individual who is an employee, member, or contractor of US
Sailing may assist a member or former member of US Sailing in
obtaining a new job (excluding the routine transmission of
administrative or personnel files) if the individual knows that the
member or former member
1. violated the Center’s policies or procedures related to sexual
misconduct; and/or
2. was convicted of a crime involving sexual misconduct with a
minor in violation of applicable law or the Center’s policies
and procedures.

2. US Sailing Athlete Safety Policies
i. Affiliated Individuals shall comply with all provisions of US Sailing’s
Athlete Safety Handbook, including the Minor Athlete Abuse
Prevention Policies. Violation of those polices constitutes a violation
of this Code of Conduct that may be sanctioned by US Sailing.

3. Discrimination, Harassment, or Abusive Conduct; Zero Tolerance Policy
i. US Sailing has a zero tolerance policy for
1. any discrimination, harassment, or abusive conduct by an
Affiliated Individual on the basis of race, color, sex, religion,
age, disability, national origin, ancestry, assigned gender,
gender identity, gender expression, or sexual orientation
(collectively, “Protected Characteristics”). Prohibited conduct
includes, but is not limited to:
a. Use of derogatory verbal or written language, social
media comments, remarks, insults, epithets,
nicknames, writings, labels, jokes, taunts, cartoons,
pictures, or drawings based upon, or making reference
to, a Protected Characteristic. For the avoidance of doubt, the determination of whether any of the foregoing is deemed to be derogatory is based upon the
perspective of a reasonable person who is a member of, or identifies with, the class of persons having the Protected Characteristic in question.
b. Any adverse action taken against an individual based upon, or making reference to, a Protected Characteristic.
c. Physical conduct with respect to an individual
resulting from that individual’s Protected
Characteristic.
2. Any other harassment or abusive behavior by an Affiliated
Individual directed towards another Affiliated Individual or
other person in the course of their sailing activities.

4. Retaliation. Affiliated Individuals are prohibited from retaliating against individuals who:
i. report alleged Code of Conduct violations,
ii. provide support to individuals who are the subject of alleged Code of
Conduct violations, or
iii. serve on US Sailing hearing panels regarding alleged Code of
Conduct violations.

5. Anti-Doping.
i. It is the duty of individual members of the US Sailing to comply with
all applicable anti-doping rules of the World Anti-Doping Agency
(WADA), World Sailing, the USOPC including the USOPC National
Anti-Doping Policy, and of the U.S. Anti-Doping Agency (USADA),
including the USADA Protocol for Olympic and Paralympic
Movement Testing (USADA Protocol) and all other policies and rules
adopted by WADA, World Sailing, the USOPC and USADA. Athlete
members agree to submit to drug testing by World Sailing and/or
USADA or their designees at any time and understand that the use of
methods or substances prohibited by the applicable anti-doping rules
make them subject to penalties including, but not limited to,
disqualification and suspension. If it is determined that an individual
member may have committed a doping violation, the member agrees
to submit to the results management authority and processes of
USADA, including arbitration under the USADA Protocol, or to the
results management authority of World Sailing, if applicable or
referred by USADA.

6. Promotion of a Safe, Positive and Healthy Environment for All. Affiliated Individuals have an ongoing obligation and commitment to ensure a safe and healthy environment for all sailors, instructors, race officials, and volunteers. Consistent with this obligation, Affiliated Individuals must:
i. Make decisions in the best interest of athletes.
ii. Maintain a safe training and competing environment.
iii. Promote a culture of trust and empowerment.
iv. Respect the fundamental rights, dignity, and worth of all participants.

7. Commitment to Ethical Conduct and Integrity. Affiliated Individuals have a responsibility to uphold the integrity of the sport and to act honestly,
openly, fairly, and competently. Affiliated Individuals must:
i. Be knowledgeable of, understand, and follow US Sailing rules and
policies, and refrain from knowingly misrepresenting or
misinterpreting such.
ii. Where applicable, respect and adhere to the Racing Rules of Sailing.
iii. Where applicable, adhere to the Olympic Movement Code on the
Prevention of the Manipulation of Competitions and the International
Paralympic Code of Ethics.
iv. Conduct themselves at all times and in all places in a manner that
befits worthy representation of US Sailing.
v. Maintain high standards of moral and ethical conduct, which includes
self-control and responsible behavior, consideration for the physical
and emotional well-being of others, and courtesy and good manners.
vi. Promote fair play.
vii. Maintain respect for competition and refrain from intimidating,
embarrassing or improperly influencing any individual responsible for
participating in, judging, or administering a competition.
viii. Make honest certifications regarding compliance with US Sailing
policies, procedures, or membership requirements.
ix. Refrain from using obscene language or gestures, or other
defamatory, demeaning, or threatening language (whether written or
oral) or conduct directed towards any person.
x. Refrain from any other material and intentional wrongful act,
conduct, or failure to act not provided for above, which is detrimental
to the image or reputation of US Sailing.

8. Participation and Inclusion. Affiliated Individuals must promote an
environment of inclusion and non-discrimination and shall not restrict the
ability of a any person to qualify for or participate in competition because of
the person’s race, sex, creed, sexual orientation, gender identity, age, national
origin, mental or physical disability, or any other basis proscribed by law.

9. Legal Compliance.
i. US Sailing requires Affiliated Individuals to adhere to:
1. This Code of Conduct and all applicable US Sailing policies
and procedures.
2. United States federal, state, and local law as applicable
including the Ted Stevens Olympic and Amateur Sports Act,
codified at 36 U.S.C. §§ 22501 – 22529, and foreign law as
applicable.
3. All applicable USOPC Bylaws, policies, and procedures.

C. REPORTING OBLIGATIONS

No code of conduct can address every situation, nor can it take the place of good judgment and integrity. US Sailing maintains an open door for anyone who has questions or concerns about this Code of Conduct or the actions of an Affiliated Individual. US Sailing will support all efforts to comply with this Code of Conduct and any questions.

Affiliated Individuals have a responsibility to report violations of this Code of Conduct. Please refer to US Sailing’s Whistleblower and Anti-Retaliation Policy for direction on how to report violations of this Code of Conduct. If you need advice or assistance concerning the application of any aspect of these standards, please consult US Sailing’s Staff Counsel and Compliance Manager listed under Section 2.E. herein.

Under no circumstances will an individual be subject to any disciplinary or retaliatory action for filing, in good faith, a report of a violation or potential violation of the Code of Conduct. However, filing known false or malicious reports will not be tolerated, and anyone filing such reports will be subject to appropriate disciplinary action. “Retaliation” as defined by the Ted Stevens Act means any adverse or discriminatory action, or threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from competition, carried out against a protected individual as a result of any communication, including the filing of a formal complaint, by the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with the Center; a coach, trainer, manager, administrator, or official associated with the USOPC, the United States Attorney General; a federal or state law enforcement authority; the Equal Opportunity Employment Commission; or Congress. Retaliation also refers to any adverse or discriminatory action, or the threat of an adverse or discriminatory action, against any person who in good faith reports misconduct, and/or violations of the USOPC’s or NGBs’ Bylaws, policies, and procedures. Athletes who disclose information to or seek assistance from the Office of the Athlete Ombuds are also protected from retaliation as set forth in Section 22509(b)(5) of the Act.

Pleaser review US Sailing’s full Whistleblower and Anti-Retaliation Policy

 

D. RESOLUTION OF CODE VIOLATIONS

The process for resolving potential Code of Conduct violations can be found in Section 15 of the US Sailing Regulations.

E. POLICY OWNER
US Sailing Staff Counsel and Compliance Manager, Justin Sterk (justinsterk@ussailing.org) can be contacted with any questions about this policy.

F. RESOURCES
1. Athlete Ombuds. The Office of the Athlete Ombuds and its staff (the Athlete Ombuds) offers independent, confidential advice to athletes
regarding their rights and responsibilities in the Olympic and Paralympic
Movement, and assists athletes with a broad range of questions, disputes,
complaints, and concerns. The Athlete Ombuds’ focus is to serve athletes
who represent the U.S. in international competition. The Athlete Ombuds
operates on the core principles of confidentiality and privacy, independence,
and impartiality. 

Additional information about, and contact information for, the Athlete
Ombuds can be found online at https://www.teamusa.org/athlete-ombuds.

2. USOPC Chief Ethics and Compliance Officer. The USOPC promotes a
culture of ethics and compliance within the USOPC, among NGBs, and
among individuals and entities that engage with the USOPC and NGBs. In
keeping with this culture, the USOPC’s Ethics and Compliance team is
responsible for ensuring the USOPC and NGBs comply with the Ted Stevens
Olympic and Amateur Sports Act, their own bylaws and policies, and any
other applicable laws or regulations.

Additional information about, and contact information for, the USOPC Chief
Ethics and Compliance Officer can be found online at
https://www.teamusa.org/ethics-and-compliance.

 

PARENT OR GUARDIANS FOR MINORS (UNDER 18 YEARS OF AGE)

The undersigned parent and/or natural or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to release each and all of the Released Parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said Party(ies) because of any defect in or lack of such capacity to so act and release said Party(ies) on behalf of all Releasors as specified herein.