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Release Indemnification & Hold Harmless Agreement

*THIS IS A LEGAL RELEASE*

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND

LIABILITY WAIVER AND RELEASE AGREEMENT

 

 

IN CONSIDERATION of being permitted to participate in the charter/rental provided by Parr T On LLC, GEMF LLC dba Sail Away Key West, Sail Away LLC, (to include Amy Michaud, Jennifer Pitts, Greg Pitts, captains, brokers, or agents of the vessel or company, the owner(s) of the vessel, The Galleon Marina, or any of their insurance underwriters) for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

 

I fully acknowledge that some, but not all of the risks of participating in the charterin which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet; (9)Swimming, snorkeling, paddle boarding, use of lily pad, floats, or any other provided recreational item, acts of fellow participants, entering or exiting the water, boarding or disembarking boats, or activities on the docks. I HEARBY ASSUME EACH AND EVERY SUCH RISK WHETHER SPECIFICALLY LISTED HERE OR NOT AND WHETHER FORESEEABLE OR NOT.

                                           


 

I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage.

                                                                                       


I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.                                      

 


 

CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

 

I fully agree to assume all responsibility for all the risks of the Charter/Rental to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW). My/Our participation in the charteris completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

 


 

This Agreement shall be governed by the laws of The United States of America. Any legal action relating to or arising out of this agreement against or with respect to Parr T On LLC, GEMF LLC dba Sail Away Key West, Sail Away LLC shall be commenced exclusively in Maryland, USA. Any legal action relating to or arising out of this Agreement against or with respect to any of Parr T On LLC, GEMF LLC dba Sail Away Key West, Sail Away LLC affiliated or related companies shall be commenced exclusively in the state of Maryland, USA. I agree that I will reimburse in full any attorney feesincurred by the assured or their Insurers to defend any legal action under this agreement.

 

I HEREBY RELEASE Parr T On LLC, GEMF LLC dba Sail Away Key West, Sail Away LLC THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

   


 

I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the renter/charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).


I assert that I am physically fit to swim and ride on a boat in all sea conditions and able to participate in any related water sports activities. I will not hold the released parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while participating in these activities, regardless of whether the injury is foreseeable or not. I specifically promise not to sue or bring claim for any injuries which occur as a result of rough seas or damage to my person as a result of being on/in the water, including but not limited to back injuries, neck injuries, spine injuries or death.

I fully understand that the involved vessel has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed significantly until I can be transported to a proper medical facility. I agree in advance to these conditions.

Sail Away LLC, Sail Away Key West, and/or boat(s) and/or affiliated personnel have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the released parties, their owners, operators, crew, dive boats, passengers or insurers responsible for their actions in attempting the performance or rescue or first aid or for anything else which may occur during the course of the excursion, including pre-boarding and post disembarkation.

I acknowledge that there are risks from COVID-19 and other infectious diseases regardless of cleaning/sanitation measures taken. There will naturally be some level of risk when people come together in confined spaces and I accept that I may become unwittingly infected with a virus or other malady.

I understand that the above description of the risks is not complete and that there may be other unknown or unanticipated risks. I expressly acknowledge and assume the inherent risks identified herein and those inherent risks not specifically identified. I acknowledge that I knowingly and willingly choose to participate or allow the attending minor child to participate, with full knowledge of the risks involved. 

OTHER PROVISIONS

I understand that I have the right to select my own captain for this charter (they must be over 21 and be pre-approved by submitting a sailing resume and demonstrating competence by sea trial) or I can choose from a list of pre-approved captains (this list is available at www.sailawaykw.com). I understand that I have the authority to dismiss the captain and/or crew for cause. Should this situation arise, I agree to immediately notify/contact Sail Away Key West prior to any action being taken. 

I hereby grant Sail Away LLC and Sail Away Key West permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications and advertising, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Sail Away LLC/Sail Away Key West and will not be returned. I hereby irrevocably authorize Sail Away LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I have carefully read this contract in its entirety, fully understand its contents, and voluntarily agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between Sail Away LLC, Sail Away Key West, and the undersigned. There are NO WARRANTIES or PROMISES express or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I AM GIVING MY SOLEMN PROMISE NOT TO FILE SUIT OR BRING CLAIM AGAINST THE RELEASED PARTIES FOR ANYTHING THAT MIGHT HAPPEN TO ME AND THIS RELEASE IS TO BE CONSTRUED AS BROADLY AS POSSIBLE.

I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future. (Attendees under the age of 18 must have Parent or Legal Guardian's Signature only) 

July 1, 2025 

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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