Terms and Conditions • If we cancel for weather there is a full refund. If you cancel for weather but it is still safe to make the trip, as determined by the captain, you pay the full amount of your rental booking. • We reserve the right to consider the charter as having started on time if you are more than 15 minutes late. The scheduled time that the charter was supposed to end will remain the end of the charter and you will be charged for the full amount of time originally booked. • Damages or cleaning fees will be charged to the charterer if the vessel is damaged due to the passengers own actions. • Passenger will be expected to sign a liability waiver before the charter begins. • No excessive alcohol drinking aboard. No smoking tobacco on board. Any drug use or possession, including marijuana, medical or recreational, will immediately end the charter and the captain reserves the right to discharge all guests on land at the nearest safe harbor. Waiver and Release Agreement Parties and Definitions: This Waiver and Release Agreement (the “Agreement”) is entered into between Passion Operating LLC, including its affiliates (Our Passion Charter Company, Martha’s Vineyard Charter Company, Buzzards Bay Charter Company), partners, officers, captains, crew, employees, and contractors (collectively, “Our Passion”), and the undersigned individual or parent/legal guardian of a minor child (the “Charteree”), including any guests or minor children listed on the charter reservation (collectively, “Guests”). This Agreement applies to participation in any event or activity (the “Event”) aboard a sailboat, tender, or dinghy owned or operated by Our Passion. In consideration of Our Passion allowing the Charteree and Guests to participate in the Event, the Charteree agrees to the following terms: 1. Compliance with Rules: I agree to abide by all rules, regulations, and policies of Our Passion, including all instructions from the captain and crew during the Event. 2. Acknowledgment and Assumption of Risk: I acknowledge that participation in the Event involves inherent risks, including but not limited to serious bodily injury, disability, death, property damage, collisions with vessels or objects, exposure to marine hazards (e.g., dangerous marine life, tidal forces, waves), adverse weather (e.g., lightning, wind shear), equipment failure, slippery decks, seasickness, dehydration, hypothermia, or negligence by Our Passion, other participants, or third parties. I understand that communication and rescue services may be delayed in marine environments, and medical treatment may not be immediately available. I certify that I and any Guests, including minors, are physically fit to participate and have no medical conditions (e.g., heart conditions, pregnancy, weak bones, or joint issues) that make participation unsafe, or I have consulted a physician. I knowingly and voluntarily assume all risks associated with the Event, whether caused by my actions, those of others, or Our Passion’s negligence. 3. Release and Indemnification: In consideration of being permitted to participate in the Event, I, for myself, my heirs, assigns, and Guests (including minor children), release and hold harmless Our Passion from any claims, liabilities, or costs (including legal fees) arising from participation in the Event, including those due to Our Passion’s negligence. If a Guest is my minor child, I agree to indemnify Our Passion against any claims brought by or on behalf of the minor. 4. Emergency Procedures: In an emergency, I agree to follow all crew instructions and utilize safety equipment as directed. I understand that Our Passion will make reasonable efforts to ensure safety but cannot guarantee immediate rescue or medical assistance. 5. Insurance: I am encouraged to carry personal health or travel insurance, as Our Passion’s insurance may not cover all risks associated with the Event. 6. Photography/Video Consent: I consent to Our Passion using my or my Guests’ image or likeness for promotional purposes, unless I object in writing prior to the Event. 7. Cancellation Policy: Our Passion reserves the right to cancel the Event due to unsafe conditions (e.g., adverse weather). Refunds or rescheduling will be handled per Our Passion’s policy, available upon request. 8. Governing Law and Severability: This Agreement is governed by the laws of the Commonwealth of Massachusetts, and any disputes shall be resolved in the courts of Dukes County, Massachusetts, or through arbitration if agreed by the parties. If any provision of this Agreement is deemed unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain valid and enforceable. 9. Complete Agreement: This Agreement represents the complete understanding between the parties, and no oral representations or inducements have been made apart from this Agreement. A copy or electronic transmission of this Agreement, including signatures, shall be as valid as an original. Acknowledgment: I, the Charteree (or parent/legal guardian of a minor Guest listed on the charter reservation), have carefully read this Agreement, understand its terms, and acknowledge that it includes an assumption of risk, release, and indemnification. I agree to all provisions and certify that all Guests, including minors, are listed on the charter reservation. |
