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Mystic Ocean Adventures

1187 Coast Village Rd, Suite 1 #408

Santa Barbara, CA 93108

(805) 696-0374

mysticoceanadventures.org

info@sailMOA.org



Participant Acknowledgement of Risk and Release of Liability

With the goal of providing a rewarding and fun experience for all participants in our Mystic Whaler Education Program (the “Program”), safety is the utmost priority of Mystic Ocean Adventures, Inc. (“MOA”). The Program is conducted on a sailing vessel representative of a late 19th-century cargo schooner and involves sailing within the Oxnard or Santa Barbara Harbors and Pacific Ocean. There are numerous risks, hazards and dangers inherent in any activity performed on a boat or on or near water, which include, but are not limited to: 

  • Slipping and tripping hazards due to surfaces that may be wet, uneven or irregular or that move unexpectedly;
  • Open areas, such as those created by hatches or around steep stairs or ladders, and low railings over which or through which one could fall;
  • Head injuries due to falling objects, low ceilings or equipment located at head height;
  • Poor lighting conditions, fog, sun glare or other impairments to visibility;
  • Abrasions or other injuries that may arise from working with lines and other equipment or from contact with other surfaces;
  • Weather conditions of various extremes such as high heat, sun burns, severe cold and storms;
  • Sea conditions that could affect the stability of the boat and docks by means of pitch, roll, flooding, colliding, capsizing and sinking;
  • Exhaustion, excessive physical exertion or dehydration;
  • Boarding and disembarking from vessels by means of stairs and ladders with unexpected widening or closing of gaps between vessels and docks; and
  • Falling overboard and drowning.

By signing this document, the “Participant” identified below (or Participant’s parent or legal guardian, on behalf of Participant) acknowledges and understands these risks, hazards and dangers are ever present and may cause or lead to bodily injury, including but not limited to death, or loss of or damage to property. Despite these risks, hazards and dangers, Participant (or Participant’s parent or legal guardian, on behalf of Participant) releases, holds harmless and forever discharges MOA and its members, owners, directors, officers, employees, agents, consultants, representatives, successors and assigns from any and all liabilities, losses, damages, actions, causes of action, debts, claims, demands, costs and expenses, including but not limited to attorneys’, paralegal and experts’ fees and expenses, for or by reason of any injury to person, including death, or loss of or damage to property, which may be sustained as a result of Participant’s participation in the Program or any related activities.

By participating in the Program or other MOA activities, Participant (or Participant’s parent or legal guardian, on behalf of Participant) acknowledges and agrees that Participant must exercise caution at all times to protect Participant and others from the risks, hazards and dangers associated with the Program and other MOA activities and that Participant assumes all such risks. Any parent or legal guardian signing this document on behalf of a minor or other person under such parent’s or legal guardian’s care or control further attests, represents and warrants that such parent or legal guardian has explained all such risks, hazards and dangers to Participant, along with the behavioral standards expected of Participant as described in this document (see below), and that Participant understands such risks, hazards and damages and will comply with such behavioral standards.

Participant (or Participant’s parent or legal guardian, on behalf of Participant) further acknowledges, understands and agrees that:

  • Participant would not be permitted to participate in the Program or any related activities unless this document is signed. 
  • All docks and marinas are shared spaces and that the behavior of the Participant reflects on MOA even after departure and may affect the ability of MOA to continue offering the Program or other education activities. Accordingly, Participant will conduct Participant’s behavior in a manner that is respectful and mindful of others and will fully cooperate with all MOA instructors and staff. Participant understands that if Participant is unable, unwilling or otherwise fails to uphold MOA behavioral standards, MOA may terminate Participant’s participation in the Program or related activities and Participant may be sent home at Participant’s (or Participant’s parent’s or legal guardian’s expense). 
  • Participant and Participant’s parent / legal guardian agree to indemnify, defend, and hold harmless MOA and MOA’s members, owners, directors, officers, employees, agents, consultants, representatives, successors and assigns from and against any and all liabilities, losses, damages, actions, causes of action, debts, claims, demands, costs and expenses, including but not limited to attorneys’, paralegal and experts’ fees and expenses, that arise out of, result from or relate to Participant’s negligent or reckless actions or willful misconduct while participating in the Program or any related activities. 
  • The use of alcohol or illegal substances when minors are present is unacceptable and will result in immediate expulsion from the Program and premises.  
  • MOA is authorized to use, reproduce and publish any and all photographs and videos taken of the Participant, including but not limited to posting such items to social media, for advertising, marketing and other promotional purposes. 
  • Participant (or Participant’s parent or legal guardian) has carefully read this document, Participant (or Participant’s parent or legal guardian) fully understands this document and Participant (or Participant’s parent or legal guardian) is freely and voluntarily executing this document. 
  • Participant (and Participant’s parent or legal guardian) will be forever prevented from taking legal action or otherwise pursuing any claim against MOA for any bodily injury, including death, or loss of or damage to property that Participant (or Participant’s parent or legal guardian) may sustain in connection with the Program or any related activities. 


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*

If the above Participant is a minor or other person under a parent’s or guardian’s care or control, the undersigned parent or legal guardian agrees to the terms of this Participant Acknowledgement of Risk and Release of Liability on behalf of such minor or other person.




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*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
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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