In consideration of the opportunity to participate in any SailElite activities, Participant acknowledges and agrees to the following:
1. AGREEMENTS OF RELEASE AND INDEMNITY. Participant understands that they are entering into a joint venture with CaptainRustyPete LLC doing business as SailElite to sail the British Virgin Islands, aboard a charter boat. Participant understands that sailing can be a dangerous undertaking and HOLD HARMLESS all fellow joint venture partners, CaptainRustyPete LLC, and skipper who is not acting as a “For Hire” captain, but is an equal joint venture partner with other members. Further, in consideration of the right to participate in a charter, to the maximum extent allowed by law, Participant releases, and agrees not to bring any cause of action against CaptainRustyPete LLC, its owners, managers, employees, medical personnel, contractors or any related parties (the “Released Parties”) for liability or claims of any nature, including loss or damage to property, personal injury or death, suffered by Participant in any way related to Participant’s enrollment, participation in, or transportation related to a SailElite activity. In addition, Participant agrees to indemnify the Released Parties (that is defend them, including satisfaction of liabilities, costs and attorney’s fees) from claims brought by Participant, members of Participant’s family and any other person arising out of Participant’s participation in, or transportation related to a SailElite activity. The claims which are the subject of these agreements of release and indemnity include those arising from the negligence, but not the gross negligence or intentionally wrong conduct, of any Released Party.
2. ACTIVITY PERMISSION. Participant understands that in addition to traditional charter activities, including, but not limited to, sailing, swimming, snorkeling, and traveling to the locations of various activities, SailElite may offer additional activities such as scuba diving, fishing and parasailing. Participant understands that by participating in these activities, Participant may be exposed to the elements of nature, including inclement weather, insects, plants, animals and accidents or illness in a rural location without immediate on-site medical facilities. Participant agrees to follow all rules, guidelines, and equipment requirements for all activities as specified by SailElite staff, contracted services providers or their designees.
3. NO ILLEGAL DRUGS. Using or having illegal drugs is strictly prohibited on any of the charter boats at all times.
4. INJURY/ILLNESS. Should Participant become ill or injured while participating on a bareboat charter, the skipper shall be responsible to notify the immediate family of such illness or injury. It is the responsibility of the Participant to provide the skipper with contact information and policies regarding emergency contact notification in the event of an injury or illness.
5. MEDICAL COSTS. Participant understands that Participant is financially responsible for any required medical services that might be incurred while becoming injured or ill during the Charter. Participant is also responsible for the cost of any emergency transportation by ambulance or air flight.
6. MEDICAL RELEASE. Participant understands that SailElite, is not obligated to provide on-site medical care or facilities. In the event of an emergency, Participant gives permission to the medical personnel selected by SailELite to provide emergency healthcare, to administer medications, both over the counter and prescriptions, to order x-rays and routine tests, to hospitalize, secure proper treatment for and to order injection, anesthesia or surgery for Participant if immediate family cannot be located in the event of an emergency. Participant authorizes SailElite or its designees to provide or arrange necessary related emergency transportation for Participant.
7. USE OF PERSONAL INFORMATION/IMAGES. Participant gives SaileELite permission to make visual images (photographs, movies, videos) and audio recordings of Participant and to use such visual images and audio recordings on the SaileElite website, in printed or electronic marketing materials, or in other audio or visual communications, and Participant releases SailElite from any and all liability related thereto. SailElite will keep any and all personal information regarding Participant confidential and will not disclose or utilize it for any purposes other than SailElite internal records and marketing purposes.
8. APPLICABLE LAW. Any dispute of any nature arising out of this Agreement or as a result of Participant’s participation in a SailElite charter activity shall be brought in the courts of Dallas County, Texas and Texas laws will control any such dispute between Participant, CaptainRustyPete LLC and SailElite or any related or Released Party.
I have read the above policies, consents, permissions, assumptions of risk and agreements of release and indemnity and agree to abide by them to the fullest extent allowed by law.