TERMS AND CONDITIONS

 

These terms and conditions (the "Terms and Conditions") govern the use of www.cruisedestinbay.com (the "Site"). This Site is owned and operated by 99 Zebra 4, LLC. This Site is and ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

THESE TERMS AND CONDITOINS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.  PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our Site is the property of 99 Zebra 4, LLC and the Site's creators. This includes, but is not limited to images, text logos, documents, downloadable files and anything that contributes to the composition of our Site.

Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site.

·        Crab Island Trips

·        Sunset Cruises

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information descriptions or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.  

Payments

We accept the following payment methods on our Site:

·        Credit Card, and

·        Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

Refunds for Services

We provide refunds for services sold on our Site as follows:

·        The services will be fully refunded if the services are cancelled at least 48 hours before the services were scheduled to be provided, or upon the Captains discretion due to weather or other unforeseen circumstances.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, there Terms and Conditions will not limit your legal rights and remedies under the legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation.  If there is a conflict between these Terms and Conditions and the legislation, the mandatory provisions of that legislation will apply.  

Limitation of Liability

99 Zebra 4, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless 99 Zebra 4, LLC and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

Applicable Law

These Terms and Conditions are governed by the laws of the State of Florida.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and 99 Zebra 4, LLC are unable to resolve any dispute through informal discussion, then you and 99 Zebra 4, LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails.  The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and 99 Zebra 4, LLC. The costs of any mediation or arbitration will be paid by the unsuccessful party. 

Notwithstanding any other provision in these Terms and Conditions, you and 99 Zebra 4, LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the rest of these Terms and Conditions and will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

Zebra 4, LLC

DBA Cruise Destin Bay

P. O. Box 4503

Fort Walton Beach, Florida 32549

 

You can also contact us through the feedback form available on our Site. 

 

 

 

 

Effective Date December 26, 2023

Copyright @2023, 99 Zebra 4, LLC


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99 Zebra 4, LLC 

DBA Cruise Destin Bay

P. O. Box 4503

Fort Walton Beach, Florida 32549



Review Cruise Destin Bay Privacy Policy

ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY

I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENTIS TO EXEMPT AND RELEASE 99 ZEBRA 4, LLC DBA CRUISE DESTIN BAY, THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS "RELEASED PARTIES", AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDINGBUT NOT LIMITED TO NEGLIGENCEOF ANY TYPE.

Additionally, THE UNDERSIGNED (herein called “Responsible Party” or “you”) provides this Activity Waiver and Release as a requirement before engaging in recreational activities described as (the “Activity”) offered by 99 Zebra 4, LLC. having an address of P. O. Box 4503, Fort Walton Beach, Florida 32549 (the “Activity Sponsor”), which is an independent recreational activities operator not affiliated with or related to Claude Perry Enterprises, LLC or its affiliates (“Resort”) or Marler Harbor Property, LLC or its affiliates (the “Perry Parties”).

As the Responsible Party, you are responsible for yourself and/or as the parent or legal guardian of the minor children named below, who intend to participate in the Activity. You acknowledge that the Activity Sponsor is the sole owner, operator and sponsor of the Activity, and that Resort and the Perry Parties are not affiliated with the Activity Sponsor and do not endorse the Activity. Offering of the Activity from the Activity Sponsor’s Boat Slip located at the property in no way associates the Activity Sponsor or the Activity with the Perry Parties.

ON YOUR OWN BEHALF, AND ON BEHALF OF THE MINOR CHILDREN NAMED BELOW, YOU HEREBY WAIVE AND RELEASE THE PERRY PROPERTIES, THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES ATTORNEYS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, OR ASSIGNS, FROM ANY CLAIM THAT YOU OR THE MINOR CHILDREN NAMED BELOW, OR YOUR RESPECTIVE HEIRS OR PERSONAL REPRESENTATIVES, MAY HAVE RELATING TO DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, ASSOCIATED WITH PARTICIPATION IN THE ACTIVITY.

This Waiver and Release will be interpreted in accordance with the laws of the State of Florida without giving effect to its conflict of law principles. Venue for any proceeding relating to this Waiver and Release will lie solely in Okaloosa County, Florida. If for any reason you or any minor child named below asserts a claim against the Perry Parties on the basis of alleged loss of property or personal injury related to participation in the Activity, the prevailing party in any such claim will be entitled to recover its attorney’s fees and costs from the non-prevailing party.

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING AND BOATING, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites and/or stings), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and all activities on the docks and I HEREBY ASSUME SUCH RISKS.

I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREETO DO SO.

I assert that I am physically fit to snorkel, swim and ride on a boat and 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 snorkeling, swimming or riding on the boat, or otherwise participating in the trip.

I fully understand that the involved boat 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 until I can be transported to a proper medical facility. I agree in advance to these conditions.

The boat captain and or crew members have made no representation to 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 crew, charter boats, or passengers responsible for their actions in attempting the performance of rescue or first aid.

IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH SNORKELING, SWIMMMING AND BOATING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

I have carefully read this contract in its entirety, fully understand its contents, and 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 Released Parties and the undersigned. There are NO WARRANTIES expressed 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 have read this agreement, am aware that it is a release of liability and a contract between myself and the Released Parties. 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. 


First Participant's Name

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Parent or Guardian's Email Address

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Check to receive information, news, and discounts by e-mail.
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*

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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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