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Release Indemnification & Hold Harmless Agreement
*THIS IS A LEGAL RELEASE*

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO GIVE UP ALL MY RIGHTS TO SUE SAIL AWAY LLC or Sail Away Key West (to include Amy Michaud, Jennifer Pitts, Greg Pitts, captains, brokers, or agents of the vessel or company, the owner(s) of the vessel, Stock Island Marina Village, or any of their insurance underwriters) hereinafter referred to as the released parties and to hold these entities harmless from any and all liabilities arising as a consequence of any acts or omissions on their part, including but not limited to negligence of any type. I am signing this release in consideration of being permitted to participate in the activity conducted, sponsored or otherwise affiliated with the released parties.

NOTIFICATION OF RISK
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING AND WATERSPORT ACTIVITIES, including but not limited to equipment failure, harm caused by marine creatures, extreme weather conditions, 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 UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

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) 

May 5, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Additional information

Date of Charter:
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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