Liability Waiver and Release of Claims
Liability Waiver and Release of Claims
In consideration of being permitted to participate in a sailing trip, flotilla event, or yacht charter arranged or operated by Yachtic World LLC ("Yachtic World"), I, the undersigned participant (or parent/legal guardian of a minor participant), agree as follows:
1. Acknowledgment and assumption of risk Initials: ______
I understand that sailing and related activities - including boarding and moving about a vessel, swimming, snorkeling, use of water toys, dinghy transfers, and going ashore - involve inherent risks that cannot be eliminated, including but not limited to: slips and falls, injury from lines, winches, booms, and other equipment, drowning, collision, grounding, changing weather and sea conditions, seasickness, sunburn, and delayed access to medical care while at sea. I voluntarily accept and assume all such risks, whether or not listed above.
2. Fitness and medical disclosure Initials: ______
I confirm that I am physically able to participate, able to move safely around a vessel, and that I have disclosed to Yachtic World any medical condition, disability, allergy, or dietary need that could affect my safety or participation. I understand I am not required to know how to swim, but I must disclose if I cannot, so appropriate precautions can be taken.
3. Safety rules and skipper authority Initials: ______
I agree to follow all safety instructions given by the skipper or crew, including instructions on life jackets, movement on deck, swimming, and shore excursions. I understand the skipper has final authority over the vessel and may restrict my participation in any activity for safety reasons.
4. Alcohol and drug policy Initials: ______
I acknowledge and agree that: (a) alcohol is prohibited while the vessel is under way and may be consumed only after the vessel is secured for the day (docked in a marina, at anchor for the night, or moored at a restaurant pier), in moderation; (b) drugs in any form are prohibited for the entire duration of the trip, on board and ashore, including substances legal in other countries, with no exceptions (prescription medication for personal medical use is permitted and should be disclosed if relevant to my safety); (c) violation of this policy may result in my immediate removal from the trip without refund, at my own cost; and (d) local law applies at all times and any fines or legal consequences of drug or alcohol offenses are solely my responsibility.
5. Release and waiver of claims Initials: ______
To the maximum extent permitted by law, I release, waive, and discharge Yachtic World LLC, its owners, officers, employees, agents, and contractors (the "Released Parties") from any and all claims, demands, or causes of action arising out of or related to my participation, including claims based on the ordinary negligence of the Released Parties. This release does not extend to gross negligence, willful misconduct, or any liability that cannot be waived by law.
6. Indemnification Initials: ______
I agree to indemnify and hold harmless the Released Parties from any claim or expense (including reasonable attorney fees) brought by me, my family, or third parties arising from my actions, my violation of safety instructions, or my breach of this agreement.
7. Medical treatment consent Initials: ______
I authorize the skipper, crew, or medical professionals to provide or arrange emergency medical treatment for me if I am unable to consent at the time. I am responsible for all costs of such treatment and understand travel insurance covering medical care abroad and evacuation is required for participation.
8. Third-party suppliers Initials: ______
I understand that vessels may be owned and operated by independent charter fleet operators and that shore businesses (restaurants, marinas, transfer providers) are independent of Yachtic World. The Released Parties are not liable for the acts or omissions of these third parties.
9. Photos and media Initials: ______
I understand photos and video taken during the trip may be used for Yachtic World marketing as described in Section 3 of the Yachtic World Privacy Policy, and that I may opt out as described there, including by telling the crew at the start of the trip.
10. General
This agreement is governed by the laws of the Commonwealth of Virginia, USA. If any provision is held unenforceable, the remainder remains in effect. This agreement binds me, my heirs, and my legal representatives. I have read this document, understand that I am giving up substantial legal rights, and sign it voluntarily.
I am the parent or legal guardian of the minor named above. I have the authority to sign on the minor's behalf, I agree to all terms of this waiver on the minor's behalf and my own, I will accompany the minor for the entire trip, and I accept responsibility for the minor's safety and conduct.