Sailing Lesson Terms and Conditions
In consideration of this reservation and the payment of the appropriate fees, Sailing NYC LLC agrees to reserve a vessel and to hire Captains / Instructors.
Fees and Rescheduling
Lesson fees are deemed earned upon placing a hold for desired date and time. Participant's requests for rescheduling will be considered on a case by case basis and are subject to a rescheduling fee. The rescheduling fee is determined by the amount of notice given prior to the charter date and time and are as follows:
14 days or more prior to lesson: $50
within 14 days of lesson: $100
24 - 72 hours prior to lesson: $300
Requests to reschedule within 24 hours or less from the start time of the sail are not accepted and Participant is responsible for full payment, regardless of whether the scheduled lesson occurs or not.
In the event of a cancellation by the Captain / Instructor of the vessel due to severe weather conditions or mechanical failure, the sail will be rescheduled to a mutually agreeable date prior to October 31 of the current year at no additional charge. Refunds are not offered. Severe weather is determined solely by the Captain of the vessel.
We reserve the right to change the structure of the course based on conditions including inclement weather, course enrollment, and vessel availability.
In the event that a vessel is under-enrolled (less than two people) a student will have the option to upgrade free of charge to a comparable private lesson or to reschedule to another weekend's course.
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.
Participant understands and accepts the inherent risk of personal injury or accident which may occur at marinas and while aboard boats. Therefore, Participant agrees to release and hold harmless Sailing NYC LLC, its members, employees, agents, and owners of rented vessels 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.
Participant has discussed the risks with their invitees, and all invitees have agreed to release and hold harmless Sailing NYC LLC, its members, employees, agents, and owners of rented vessels in the same manner as Participant has in the above paragraphs. The foregoing notwithstanding, Participant agrees to indemnify and hold harmless Sailing NYC LLC, its owners, employees, agents, and owners of rented vessels from any claims from Participant's invitees.
If it is necessary to obtain medical treatment for the Participant or its invitees, regardless of cause, such expenses shall be paid by the Participant. Authority is granted without limitation to Sailing NYC LLC and its assigns in all medical matters to hospitalize and treat the Participant.
Disputes shall be governed by Federal Maritime law. In any action against Sailing NYC LLC or its members, agents, partners, employees, or servants 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 attorney's fees, court costs and expenses.
I have read and agree to above and sign this of my own free will and desire. It is my intention that my typed name in the "Sign Electronically" box to the left is my legally binding signature.