LIABILITY WAIVER

By booking and chartering with Active Cruising Charters and Yacht Retreats (Active Cruising) you are agreeing to the following:

This charter is a sailing experience that will allow me to choose to participate in various recreational activities.

Assumption of Inherent Risk: 

I understand that it may be impossible to list all of the inherent risks of participation in this charter, but some are listed below to give the participant a better idea of the risks involved. Minor injuries such as: muscle soreness, cramps, bruises, strains and sprains may occur more frequently while more serious injuries or conditions such as dehydration, heat exhaustion, heat stroke, difficulty breathing, broken bones, drowning, torn ligaments or tendons, sudden illness, stroke, heart attack and even death may occur.

 Environmental risks and hazards may include:

deep and cold water, insects, snakes, animals, unpredictable forces of nature including weather. This list is not inclusive and extends to damage and/or loss of personal property as well.

I also understand that any participation in this event may require me to be transported in vehicles and vessels operated by Active Cruising professional staff or personnel, or contracted by Active Cruising. I understand the risks associated with transportation in vehicles and vessels of all types.

I understand that the inherent risks associated with this charter may occur despite the care taken by Active Cruising and its employees. I have read the previous paragraphs and I understand the nature of this journey. I hereby assert that my participation in this charter  is voluntary and that I knowingly assume all of the inherent risks of the activities. I also understand that I am welcome to omit an activity or may stop at any time and that my questions regarding this program have been answered to my satisfaction.

Waiver of Liability: In consideration of permission to participate in this activity, today and on all future dates, I, on behalf of myself, my spouse, my heirs, personal representatives, or assigns, do hereby release, waive and discharge Active Cruising (including its officers, employees, and agencies) from liability from any and all claims resulting from the inherent risks, associated with this event or from negligence, strict liability, breach of contract, or any act or omission, but not gross negligence. I also expressly agree to release Active Cruising, its officers, agents, employees, and students from any act of omission of negligence in rendering or failing to render any type of emergency or medical services.

This agreement applies to (1) personal injury, illness including death from incidents arising from participation in this charter. I understand that some activities may occur in remote places, open to the public, where communication and transportation may be difficult and medical care may be delayed.

Active Cruising may also utilize the services of private contractors for certain tasks including, for example, transportation, and food service. Active Cruising is not responsible for the acts or omissions of such contractors.

Indemnification: I also agree to hold harmless, defend and indemnify Active Cruising, its officers, employees, and agencies (that is, defend and pay any judgment and costs, including investigation costs and attorney fees) from any and all claims of mine, my spouse, family members, or others arising from my injury or loss due to my participation in this event (including those arising from in the inherent risks or negligence, strict liability, breach of contract, or any act or omission, but not gross negligence). I further agree to hold harmless, defend, and indemnify Active Cruising, its officers, employees and agencies (that is, defend and pay any judgment and costs, including investigation costs and attorney fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in this event.

Covenant not to Sue, Venue and Severability Clauses: I covenant not to sue Active Cruising, its officers, employees, and agencies for any present or future claims arising directly or indirectly from my participation in this event.

Likewise, I understand that if, in spite of this contract, legal action is brought, it must be adjudicated under the laws of the State of South Carolina, and must be brought in the appropriate court housed in Beaufort County in the State of South Carolina.

I also expressly agree that this Agreement (including Assumption of Risk, Waiver of Liability, Indemnification, and Covenant not to Sue) is intended to be as broad and inclusive as is permitted by the laws of the State of South Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgements, Assertions, and Agreements; Regarding My Health Status – I assert that I:

• Do not have any medical problems that would contraindicate participation in this event.

Emergency Care – I Authorize or Agree to Allow Active Cruising, its Officers, Employees, and Agencies to:

• Administer emergency first aid, CPR, and use an AED when deemed necessary.

• Secure emergency medical care or transportation (i.e., EMS) when deemed necessary.

• Share my medical history with emergency medical personnel when deemed necessary.

• Assume all costs of emergency medical care and transportation.

Code of Conduct, Rules and Safety Equipment – I Agree to:

• Abide by the rules established by Active Cruising, the Active Cruising 

Code of Conduct, and its contracted vendors.

• Abide by the instructions of Active Crusing, its Officers, Employees, and

Agencies and abide by any action they deem necessary in the event of misbehavior on my part.

• Inform Active Cruising or its representatives immediately if I become aware of participant conduct or equipment condition that presents a danger to others or me.

• Wear any required equipment at all times while participating in this journey.

• Terminate my participation if Active Cruising representative judges that I am incapable of safely meeting the rigors of the activity. I accept Active Cruising’s right to take such actions for the safely of myself and/or other participants. If under 18, a parent or legal guardian must provide their name and check the box below on your behalf.

I acknowledge that: I have read this Participant Agreement –

Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant not to Sue and fully understand its terms. I understand that I am giving up substantial rights,

including my right to sue Active Cruising, its Officers, Employees, and Agencies for injuries, illness, loss or even death resulting from the inherent risks, negligence, strict liability, breach of contract, or any act or omission, but not gross negligence, from my participation in this event. I further acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of South Carolina.

I certify the information submitted on this Registration Form is true and complete to the best of my knowledge, and I understand that any wrong or incomplete information could result in an injury or illness.

I grant permission to Active Cruising and agents of the institution, to authorize and administer emergency medical treatment that is deemed necessary.

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