Why Waivers??

[Tye Dyed Gary]

  The Racing Rules of Sailing, Part 1, Fundamental Rules, Rule 4, Decision To Race, The responsibility for a boat's decision to participate in a race or to continue racing is hers alone.
  This rule clearly puts anything that happens on the water to any boats crew, on the shoulders of the owner/captain. Not on the sponsoring organization.
  I understand Part 6, Entry And Qualification, Rule 75, Entering A Race, 75.1, To enter a race, a boat shall comply with the requirements of the organizing authority of the race. She shall be entered by (a) a member of a club or other organization affiliated to a World Sailing member national authority, (b) such a club or organization, or (c) a member of a World Sailing member national authority., 75.2, Competitors shall comply with World Sailing Regulation 19, Eligibility Code.
  This rule gives some wiggle room, but basically states you must be a member of some sailing organization, (one design class organization, yacht club or sailing association).
  Also, after talks with different lawyers over the years, (both through work and just B.S.ing about other things), I have been told more then once, Texas does not recognize waivers. So the question is why do we have them. I know they seem like a good idea to protect land property, but they do nothing on the water, where Maritime Law prevails. That clearly states responsibility on the water is with the owner/captain.     
  I have heard more then once, we have the waiver to protect our club assets. Which has nothing to do with on the water. One is civil and the other maritime.
  Now, if you want to have a list of my crew and a emergency contact for them, that is something entirely different. That is something, I see no objection to, as many one design events require a crew list. It is something I can supply at the time I register, or shortly there afterwards, and not make my crew jump threw hoops to fill out.
  In this time of a world wide pandemic, I can also understand a club or organization not wanting to be held responsible if a participant comes down with something during a regatta. This can easily be covered in the NOR's, by stating everyone on club property will social distance and wear a face covering and limiting before and after race activities. Again, this is not on the water. 
  Anyway, that's my two cents worth. So now tell me why my crew should fill out a waiver, for on the water, when it is MY responsibility on the water for their safety, both legally and morally, and not the organizer of the event.         

[Bee]

Because Yacht Clubs Have Lawyers.

[Jeff K]

What Bee said!

[Tye Dyed Gary]

  So, a yacht club has lawyers. That still doesn't answer my question, why does my crew have to fill out a useless piece of paper?  If they want a waiver for while on club property, that's something the lawyers may could argue, but on the water the courts have held maritime law rules. 

[Bee]

I can only comment based on my experience at LYC.  I can't tell you about any other  club. I restate my comment "Because they have lawyers."  As far as I can tell there is no other reason so go talk to a lawyer.

[cmay]

Unfortunately, when bad things happen everybody sues everybody. The Dauphin Island regatta incident is a good recent example in our sport. By not necessarily any fault by the organizing authority, Fairhope Yacht Club, they still had to deal with $20+millon of wrongful death suits. Even if settled, and handled through insurance, it has an undoubtedly negative effect on a club and causes everyone to be hyper-cautious going forward.

I have a background of teaching SCUBA, so waivers aren't really a big deal for me as I am used to them. As an instructor, before we open the book you sign a waiver. Non-negotiable, as it is actually in my insurance agreement that if I am sued and did not get a waiver the insurance company (and the certification agency) turns their back on me, I am on my own. So that is basically a price of admission.

Reading about the Dauphin Island cases above, they were a mixture of federal, state, and maritime law. Basically a big ball of confusion. Also from what I have read, Texas does in fact recognize waivers in certain circumstances. This is the main reason why you have to sign one every time you take a kid to a trampoline park, go skydiving, take a scuba class, etc, etc. So I do not agree that they are totally worthless.

From the perspective of a crew, I honestly don't mind signing a waiver. Yes, it can be a pain. Yes, technically the skipper/owner per the RRS decides whether or not to race. However I make a conscious decision for myself to participate in the activity that is inherently dangerous, which is basically what the waiver is for. The skipper does not (and should not) have any authority to release on my behalf. Quite honestly, if I am racing and a skipper makes a poor decision and I get killed, the organizing authority should not get sued for that. Which in the wierd world we live in today is likely what would happen when a good personal injury attorney starts suing anyone and everyone involved, chasing whoever has the most assets or insurance looking for a juicy settlement.

So simply put, if the nuisance of signing a piece of paper to make an organizing authority more comfortable putting on a quality event so that I can continue the sport I love, I'm ok with that. Quite honestly, there are plenty other things to complain about in 2020.

[Funk]

Gary,   I have a couple of good biographies if you need something to read.  Churchill or perhaps Columbus?

[Tye Dyed Gary]

  One more time. I know ambulance chasers run the yacht clubs and they think waivers are a way to protect their assets. But they may be causing another problem!
  I have been approached by others about how can we get more boats out to race. I know cost of sail boat ownership plays a part of it. But we are seeing fewer boats out that use to race, and are still in the area. (It is interesting at the number of boats that turn out for the Rum Races) Maybe it's the fight to get the waivers filled out and filed. I have had to have my crew fill out as many as four(4) Regatta Network waivers before they were excepted. And the Yacht Scoring waiver is even more convoluted.   
  This may not be the biggest reason owners aren't coming out, but it's one of the reasons I am not doing some races. I have heard other owners complain about getting waivers in, and the pain in the ass it is.
  It may be time to ask are these waivers helping or hurting, sail boat racing? 

[STuma]

  One more time. I know ambulance chasers run the yacht clubs and they think waivers are a way to protect their assets. But they may be causing another problem!
  I have been approached by others about how can we get more boats out to race. I know cost of sail boat ownership plays a part of it. But we are seeing fewer boats out that use to race, and are still in the area. (It is interesting at the number of boats that turn out for the Rum Races) Maybe it's the fight to get the waivers filled out and filed. I have had to have my crew fill out as many as four(4) Regatta Network waivers before they were excepted. And the Yacht Scoring waiver is even more convoluted.   
  This may not be the biggest reason owners aren't coming out, but it's one of the reasons I am not doing some races. I have heard other owners complain about getting waivers in, and the pain in the ass it is.
  It may be time to ask are these waivers helping or hurting, sail boat racing? 

There are multiple reasons for it; liability and assets seem to be top of the list. If there is an issue, the waiver will not stop someone from filing a lawsuit. I have had attorney friends in the past review and comment about the waivers and the theoretical liability it adds because you are admitting a dangerous situation. If you do not like it, don't participate. The bonus of having each crew member sign a waiver; if a boat has a major issue, it gives the USCG (or other search parties) the number and who they are looking for. When you run enough races, you do appreciate knowing who is on the water and who isn't. Similar to knowing what boats show up to the race course and trying to count boats at the finish. It is beyond frustrating when you look for a particular boat and they have been at the dock the whole time. That is why I record races the way I do. I don't think signing a crew waiver is the reason for the decline in participation. When you want to sit down and discuss real issues sailboat racing is facing and provide ideas on how to change it, let me know... I'll meet you.