RS Zest Use Terms & Conditions
Every Member Using Zests Acknowledges Reading and Agreeing to these Terms & Conditions
Terms and Conditions for Member Use of Club-owned RS Zests
Members agree to abide by the rules, regulations, and policies of the Nyack Boat Club regarding use of Club-owned RS Zest sailboats (Zest or Zests).
Acknowledgment of Risk
Members who choose to use Club-owned Zests knowingly, willingly, and voluntarily acknowledge the inherent risks associated with such use, and that such use involves risks and dangers including, without limitation, the potential for serious bodily injury (including broken bones, head or neck injuries), sickness and disease (including communicable diseases), trauma, pain & suffering, permanent disability, paralysis and death; loss of or damage to personal property; exposure to extreme conditions and circumstances; accidents involving other boaters; contact or collision with natural or manmade objects; adverse weather conditions; facilities issues and premises conditions; failure of protective equipment; inadequate safety measures; situations beyond the immediate control of the Club; and other undefined, not readily foreseeable and presently unknown risks and dangers (Risks).
Assumption of Risk
Members understand that the aforementioned Risks may be caused in whole or in part or result directly or indirectly from the negligence of their own actions or inactions, the actions or inactions of other boaters, and voluntarily and knowingly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses that they incur as a result of their use of Club-owned Zests.
Members who use Zests agree to indemnify and hold harmless the Nyack Boat Club against any and all claims for damage (whether personal injury or otherwise) arising from their use, including use by their minor children, of any of the boats owned by the Nyack Boat Club and utilized to support the use of Zests, including Zests and motorized watercraft. Members further agree that they are responsible for any damages that they cause to any such boat or its equipment.
Who May Skipper Zests
- Only Regular Members and Seasonal Members of Nyack Boat Club may sign-out Club-owned Zests (Zests). Regular Members include Active, Senior, Provisional and Life members of Nyack Boat Club. Seasonal members are current season Ideal 18, Sunset Sailing, and Junior Sailing seasonal members.
- Non-members and guests of members may not make use of Zests. Associate and Senior Associate members may not make use of Zests.
- Regular members and their family members may skipper Zests, limited to spouse and children under age 21, subject to the age limitations below. Only if a Regular Member has enrolled a child age 21 or older as part of his membership, may that child skipper Zests.
- The Partner Member of a Regular Member may skipper Zests.
- All Seasonal Members are individual members only and their family members may not skipper Zests. (see Junior Sailing exception below)
- An eligible skipper must be age 16 to a skipper Zests unaccompanied by a Member. Children under age 16 may only skipper Zests when accompanied by a Member who has completed the Zest Safety Orientation.
- Junior Sailing Exception: current season Junior Sailing participants may skipper a Zest unaccompanied by a Member if approved to do so by the Junior Sailing Head Counselor, but may only do so if their Member parent has completed the Zest Safety Orientation and is on the premises for the duration of their Zest sailing session.
- Only Members (and eligible family members) who have successfully completed a Zest Safety Orientation may skipper Zests. This includes Member children.
- Children under the age of 11 may not skipper Zests.
Who May Be a Zest Passenger
- Only Regular Members (including spouses and children under age 21), a Partner Member, or a Seasonal Member may accompany a Zest Sailor (skipper) as a Passenger.
- Non-member guests or Associate or Senior Associate members may not be a Zest Passenger.
- For Junior Sailing participant Sailors, only a Member parent or another Zest-certified Junior Sailing participant may be a Passenger.
- A Zest Passenger must be age 8 or older and able to swim.
Rules for Use of Zests
- Zest users (Sailors) must use the Clubs online booking system to register/reserve their Zest use. Zests may only be used on the days and times indicated. Sailors must return Zests by the scheduled end of their reservation.
- Sailors are responsible for checking all equipment before and after Zest use and must report equipment problems to the Club.
- Sailors are responsible for the safe use of Zests and for their own safety and the safety of any Passengers. Sailors should review conditions (weather, currents, etc.) and be aware of changing conditions in the course of their use of Zests.
- Sailors and Passengers must supply their own life jackets and wear said life jackets at all times.
- Sailors must carry a portable VHF radio with them to call for help in case of an emergency. Hail on VHF Channel 16 in the event of serious injury or risk of same. Hail NBC Launch on VHF Channel 9 for all other emergencies
- Use of the Zests is for a maximum of 120 minutes.
- Not allowed to land Zests anywhere except the boat club.
- No swimming from the Zests.
- Zests can only be used while the launch is operating (tin tender service included).
- No sailing after sunset.
- No sailing when an inhospitable sea state exists.Take into account the experience of the Sailor and Passenger on board. Zests stay ashore if winds are consistently in excess of 12 knots as measured by the anemometer (weather station) displayed by the launch gazebo.
- Not allowed to be used for access to a boat in the mooring field.
- A Member parent/guardian must be at the Club while an approved Junior Sailing participant Sailor uses a Zest.
- Must return to the club and be out of the water at the first sign of thunder and/or lightning.
- If lightning is seen, head directly to shore, land, exit the boat, stay with the boat, and only return to the club once the danger has passed.
- When finished Sailors must properly de-rig and stow the Zest including returning the Zest on its dolly to its designated drysail space.
- Zest sailing area: as far east as the last NBC mooring fairway mark (about the last row of moored boats), as far north as Nyack State Beach Park, and as far south as 1000 yards north from the bridge.
Members may direct questions or report problems to Zests@nyackboatclub.org
Last updated 12:58pm on 22 May 2025