Releases, Statements & Waivers

Why “MOST” kids, and not “ALL.”

Dealing with issues regulated through the American Disabilities Act

We deal with a wide variety of youth with various degrees of variegated diagnosis, with the primary requisite to keep every program participant safe. The following paragraph outlines both the mental and physical expectations of our participants in order to accomplish this, as well as to open the dialogue regarding your specific situation and if we are able to be a beneficial and safe program for your child to attend. And, although we wish we could be a source of inspiration and empowerment to every youth, unfortunately, there are certain disabilities and impairments which limit our ability to provide safe programming for all involved.

It is important that you understand that if you register your child without complete disclosure of problematic behavioral issues and/or impairment diagnosis, and without prior discussion of these potential impairments with our Director, that, should we determine that we are incapable of safely accommodating your child, you will be requested to pick them up and your registration fee will not be refunded. We truly welcome the opportunity to discuss your personal situation to see if we can be a beneficial and safe program for your child to attend.

We expect a fair degree of self-sufficiency and self-regulation, requiring program participants to possess the mental acuity and cognizance to understand directions and apply instructions. This includes, but is not limited to, rigging the boat, stowing it at completion of day, possessing the mental and physical agility to respond and adjust to constantly changing weather and lake conditions, which can become chaotic and dangerous, all while performing their necessitated task on the boat, while in close proximity to other boats. We are not staffed to provide one-on-one constant attention and supervision, essentially having a participant present merely as a passenger. To do that would detract from our ability to keep safe the rest of the fleet. Again, we are more than happy to discuss your personal situation to see if we can be a beneficial and safe program for your child to attend.

According to The Americans with Disabilities Act (ADA), ABLE To Sail, is classified as a Title III Entity and as such, the only time an entity may exclude an individual with a disability from participation in an activity, is when that individual’s participation would result in a direct threat to the safety of others or that individual in question. See statute below.

III-3.8000 Direct threat.

A public accommodation may exclude an individual with a disability from participation in an activity, if that individual’s participation would result in a direct threat to the health or safety of others. The public accommodation must determine that there is a significant risk to others that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation’s policies, practices, or procedures or by the provision of appropriate auxiliary aids or services. The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individual assessment that considers the particular activity and the actual abilities and disabilities of the individual. The individual assessment must be based on reasonable judgment that relies on current medical evidence, or on the best available objective evidence, to determine 1) The nature, duration, and severity of the risk; 2) The probability that the potential injury will actually occur; and 3) Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.

§ 35.136 Service animals (d) Animal under handler’s control.

A service animal shall be under the control of its handler.

We absolutely love dogs! However, we are not equipped nor capable of accommodating individuals that require Service Animals or Emotional Support Animals. There is not room for dogs (or other animals) on the boats, nor is safe for them to be on boats. Thus, per the above, the animal would be unable to remain under the control of its handler. As well, our program operates on the public Dog Beach, and so we do not find it humane nor acceptable to tether these animals, unattended to, for any period of time. We have discussed this with the US Dept of Justice, Center for ADA, and they are in agreement.

Swimming Release

For our confidence and yours, it is preferable that a person be able to:

Enter deep water (over the head), confidently swim, and sustain himself or herself for 5 minutes unassisted while wearing normal sailing clothes (i.e. shorts, T-shirt and sneakers). Self- sustaining methods include swimming, treading water, survival floating, back floating, or a combination of these methods. They WILL BE wearing A LIFEJACKET at all times! Maneuvering WHILE WEARING a life-jacket IS AN acceptable extension of the “self,” regarding, “Self-Sufficiency.”

Payment and Refund Terms

We will issue a full refund if you cancel more than 30 days before camp. We will issue a 50% refund if you cancel 15-29 days before camp. We are unable to issue refunds within 14 days of camp and for no-shows, but will make every effort to place your child in another camp that same season where possible. We appreciate your understanding.

ABLE for Youth, Inc- dba ABLE to Sail RELEASE of Liability

In consideration of being allowed to participate in watersport events and activities and/or being provided with watersport recreational property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:

1. ACKNOWLEDGMENT OF RISKS. I Acknowledge that some, but not all, of the risks of participating in the watersport activity include: (1) Changing water flow, tides, currents, wave action and ships’ wakes; (2) Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects: (3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (4) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; (5) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning; (6) The presence of insects, viruses,  including but not limited to Coronavirus, and marine life forms; (7) Equipment failure or operator error; (8) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; (9) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.

2. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY. I Agree to assume responsibility for all the risks of the activity, whether identified above or not, (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/our participation in the activity is purely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in the activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).

I agree to wear a US Coast Guard approved personal flotation device while participating in the activity or riding in any watercraft.

3. RELEASE. I hereby release ABLE for Youth Inc dba ABLE to Sail, its principals, directors, officers, agents, employees and volunteers, their insurers, Union Reservoir, The City of Longmont, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted (“owner”) and their insurers, if any, (Collectively “Releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS as a result of my/our/their participation in the activity, EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

4. PHOTO/VIDEO/COMMENT RELEASE. I hereby authorize ABLE for Youth Inc, dba ABLE to Sail, (ABLE) , to take and publish comments, photographs and videos taken of me, or persons under my legal guardianship, for use in ABLE print and online publications, as well as by any outside third party interests. In consideration for my voluntary participation in publications produced by ABLE, or any outside third party interests, I agree that I will receive no financial compensation. Furthermore, I agree that participation in any print or online publication produced by ABLE, or any outside third party interests, confers no ownership or special rights whatsoever. I release ABLE, its employees, and any outside third party interests from any claims of liability by me in connection with my participation in the production of these photographs and videos. I also authorize any comments or testimonials made by my child to be used in any of the above marketing publication avenues. I understand that great care is taken to keep these comments and testimonials anonymous, and have no avenue of recourse should I, personally, disagree with the use of these comments and testimonials.

I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

ABLE To Sail (A.B.L.E. For Youth, Inc) and the premises upon which it occurs, including any and all employees, affiliates, officers, coaches, instructors, aides, and/or agents (the “Released Parties”) cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while participating in ABLE To Sail or utilizing the Released Parties’ services or facilities on the premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to participate in the ABLE To Sail, you may be exposing yourself to and/or increasing your’s and your child’s risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for my child, myself, and for my family members or others who I may expose, in order to participate in the ABLE To Sail. These services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19, in order for my child to participate.

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against the Released Parties in connection with exposure, infection, and/or spread of COVID-19 related to my participation in the Course. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

OTHER TERMS: I fully understand and agree that (a) this Release is intended to be as broad and inclusive as permitted by the laws of the State of Colorado; (b) if any portion of this Agreement is for any reason held invalid or legally unenforceable, then the balance shall, notwithstanding, continue in full force and legal effect; and (c) I have had the opportunity to ask any questions about this Agreement and I fully understand its terms and meaning.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND GENERAL RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE: