This Waiver and Release applies to all operators, passengers, guests, and users of the vessels operated by SCHAEFER YACHTS *(For purposes of this Waiver and Release, the term “SCHAEFER YACHTS” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of SCHAEFER YACHTS). The undersigned agrees that he/she is also signing this release on behalf of the undersigned’s minor children (14 and up) and users of said vessels.

The participant understands and acknowledges the inherent risks associated with the activity/event. The participant releases the organization and its representatives from any claims or liabilities arising from participation in the activity/event. The participant agrees to indemnify and hold the organization harmless from any claims brought against the organization as a result of their actions or negligence.

The undersigned hereby agrees that he/she is boarding, operating, or using the vessel operated by SCHAEFER YACHTS at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the operation, or use of the vessel, and assumes all risk of injury, illness, damage, or loss that might result, even if the risks arise out of the negligence or fault of SCHAEFER YACHTS.

By the execution of this Release, the undersigned agrees that SCHAEFER YACHTS shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the vessel operation, operated by SCHAEFER YACHTS. The undersigned assumes full responsibility for any such injuries or death which may occur, and further agrees that SCHAEFER YACHTS shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SCHAEFER YACHTS shall not be responsible for such injuries, damages, loss, or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY SCHAEFER YACHTS, whether such negligence is present at the signing of this Release or takes place in the future.

The undersigned hereby agrees that he/she will indemnify and hold harmless SCHAEFER YACHTS for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other vessel and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the operation, or use of the vessel operated by SCHAEFER YACHTS, even if such damages arise out of the negligence or fault of SCHAEFER YACHTS.

The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may board, operate, or use a vessel from another supplier, but has chosen to board, operate, or use the vessel from SCHAEFER YACHTS with the knowledge that signing this Release is a requirement for boarding, operation, and use of said vessel. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against SCHAEFER YACHTS, for SCHAEFER YACHTS's negligence.

The undersigned agrees to indemnify, hold harmless and defend SCHAEFER YACHTS in any matter and from and against all claims, damages, losses, and expenses, including attorney’s fees arising out of and/or relating to the operation and use of all equipment provided by SCHAEFER YACHTS including by not limited to any negligent, GROSSLY NEGLIGENT AND/OR INTENTIONAL act or omission of SCHAEFER YACHTS.