NYC Summer Sailing Program Terms and Conditions, Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement.
Please read and be certain you understand the implications of signing.
In consideration of this enrollment and the payment of the appropriate fees, Sailing NYC LLC agrees to reserve a place and to hire instructors and supervisory staff. Sailing NYC LLC reserves the right to make additions/changes/deletions in the program/facilities/procedure without notice or obligation.
Refunds & Rescheduling
Program planning, hiring, and promotion expenses are directly determined by the number of enrollments, and because of this, there will be no full refunds of tuition once registration materials have been submitted. Failure to attend camp does not constitute a refund. There will be no refunds once camper has attended the program regardless of reasons for absence.
Participants may reschedule his/her session if conflict arises for a fee. With at least six weeks notice of the start of a reserved session the fee is $50. Within three to six weeks of the start of a session a change fee of $300 will be applied. Within one week to three weeks of the start of a session a change fee of $450 will be applied. Within one week of the start of a session, we will not accept requests for rescheduling.
Participants may not use foul language and must show respect for their own and others' personal possessions as well as Sailing NYC LLC's facilities and equipment. Damage to Sailing NYC LLC equipment / facilities that is intentional is grounds for dismissal and the costs of repairs/replacement will be paid for by the parent. For safety's sake, horseplay is strictly prohibited.
The use of illegal substances is strictly forbidden on board the vessel. This includes underage use of alcohol or cigarettes. Non-compliance of this rule will result in the termination of the sail and no refund will be given.
Sailing NYC LLC reserves the right to dismiss any student who violates program rules/regulations or whose conduct is unsatisfactory or inimical to the program's best interests without tuition refund.
Sailing NYC LLC reserves the right to use photos of campers on our websites, email, and print media. Direct contact with Atlantic Yachting (Sailing NYC LLC) expressing non-permission to use photos can and should be made if in disagreement with this clause.
If it is necessary to obtain medical/surgical/dental services for the participant, regardless of cause, such expenses shall be paid by the parent. Authority is granted without limitation to Sailing NYC LLC/its assigns in all medical matters to hospitalize/treat/order injection/anesthesia/surgery for the participant.
Express Assumption of Risk Associated with use of Sailing Camp and Related Activities
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Water Ski / Wake Board activities, water transportation to and from the Sailing vessels and related water sport activities to which I am about to engage, including but not limited to:
1) changing water flow, tides, currents, wave action, and ship’s wakes;
2) collision with any of the following; a) other participants, b) the watercraft, c) other watercraft, d) man made or natural objects, e) shuttle boat:
3) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
4) my sense of balance, physical condition, ability to operate equipment, swim and / or follow directions;
5) collision, capsizing, sinking, or other hazard that may 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;
6) the presence of insects and marine life forms;
7) equipment failure or operator error;
8) heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;
9) fatigue, chill and / or reaction time and increased risk of an accident
I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and / or regulation or policy that may impact its enforceability.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the above-described watersports, transportation, and Sailing Camp activities, as well as the use of any of the facilities, specifically, including water transportation and the use of the equipment of the below listed releasees, I hereby agree as follows
1)To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities herein referred to as releasees. Sailing NYC LLC, It's members and employees.
2)To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise, with the exception of gross negligence. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities
3)By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement. I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement.
4) Parent and Participant, by this instrument, do hereby exempt and release Sailing NYC LLC, and its agents, servants and employees from all liability and responsibility for personal injury, property damage or wrongful death however caused, including, but not limited to, product defect or the negligence of the released parties.
Disputes shall be governed by Federal Maritime law. In any action against Sailing NYC LLC or its agents which results in a decision/judgment/decree/order/ stipulation or settlement substantially upholding Sailing NYC LLC's position, the adversary party shall reimburse Sailing NYC LLC's attorney's fees, court costs and expenses.
I have read this agreement, understand it, and agree to be bound by it. I sign this of my own free will and desire. It is my intention that my typed name in the "Sign Electronically" box is my legally binding signature.