By execution of the enclosed application for membership, the undersigned expressly acknowledges and agrees that the activities of performance related boating can be dangerous and involve the risk of serious injury and/or death and/or property damage. In consideration of being granted the opportunity to participate in New Jersey Powerboat Club (referred to also as NJPBC) events, the receipt of reciprocal releases from liability from my fellow club members, officials, volunteers, and also to secure the benefits that membership in New Jersey Powerboat Club provides;
I, the undersigned, for myself, my personal representatives, heirs, next of kin, successors and assigns, do:
a. Agree to assume all responsibility and liability for all acts or activities of myself, my drivers and crew, for any and all damages or injury that may be caused by and or all or us or by our boat, motor, property or possessions in any way growing out of or resulting from the operation, my boat racing equipment or as a result of our participation in the NJPBC event during the actual period of that event;
b. Agree to be bound by all the rules of the Club and agree that decisions of it's officials will be governed excessively by the administrative review and appeal procedure set forth by the President of the Club.
c. Release, waive, discharge and covenant not to sue NJPBC including all of its corporate, elected and appointed officials, it’s individual members, directors, agencies of government which control land and water sites activities, sponsors and organizations which render essential services gratuitously and/or for compensation, including all officers, agents and employees of such organization and volunteer workers assisting in the operation of NJPBC Club events.
d. agree to indemnify and hold harmless the released parties from any and all loss, liability, cost or damages that may be incurred due to the presence of the undersigned or members of crew in and about the restricted area or in any way, officiating, observing or working for or any way participating in the event and whether caused by the negligence of the release parties or otherwise.
e. Agree to assume full responsibility for and risk or bodily injury, death or property damage due to the negligence of the released parties or otherwise while in or upon the restricted area and/or while, officiating, observing or in any way participating in the event.
f. Agree and acknowledge that there are no refunds or credits for any membership dues or event fees once membership dues or event fees are paid. Although event fees are transferable to other members if a member decides to not participate in a particular event.
G. Hereby acknowledge and agree that I have no right, property or interest in any motion picture, still photograph, tape or sound reproduction taken, made transmitted, reproduced or used in any purpose during the course of an NJPBC event, parties, award ceremonies or other events associated with the Club events and in consideration for promotional efforts on behalf of the sport, I do hereby assign all commercial communication broadcast rights to the New Jersey Powerboat Club and to declare it as my lawful agent and representative regarding such rights. I further agree that New Jersey Powerboat Club or it's assigns on a non-exclusive basis may use my name and pictures, including pictures of my boat and pictures taken in any NJPBC event for publicity purpose.