Agwe’ Sailing’s Voyage Booking Conditions and Release and Indemnification Agreement

*BOOKING CONDITIONS KEPT ON FILE AT AGWE’ SAILING*

Voyage Booking Conditions

PLEASE READ CAREFULLY!

You are requested to review this document carefully and only complete the booking form if you are satisfied and agree with the conditions herewith. In these Booking Conditions, “booking party” “booking holder”,” student”, “you” and “your” means all persons named on the booking form including minors or substitutes. “We” or “us” shall refer to “Agwe’ Sailing”

  1. Making a Booking: To confirm your booking you must complete our booking form completely. The form must be signed by each party to the booking and where such individual is less than eighteen (18) years of age, a parent or guardian must sign the form on their behalf. The party leader must be authorized to make such booking and will be responsible for the execution thereof.

Once your completed booking form has been received and the appropriate payments received, we will confirm availability and your booking.  No booking shall be held on a “verbal” agreement and Agwe’ Sailing shall not be held liable for any verbal agreements made between students and staff.

Agwe’ Sailing furthermore reserves the right to cancel, reschedule or terminate any course for any reason whatsoever including but limited to adverse weather, environmental issues, yacht breakdown, Instructor illness or absence, cancellation by other students.

Should there be any disparity on your invoice receipt you are advised to contact us immediately as it may be impossible to subsequently rectify any errors. We regret we cannot accept any liability if we are not notified of any inaccuracy or omission within fourteen (14) days of your booking date. Any subsequent amendments or alterations to the original booking will be subject to an administration fee which shall be borne by the student.

2.Payment – Deposit & Full Payment terms: In order to confirm and hold places on any course a twenty (30%) per cent deposit shall be required at time of booking. The balance of course fees including any additional administrative fees, shall be payable in full sixty (90) days before departure, or within seven (7) days of booking when the departure date is within 60 days.

If receipt of full payment is not received when required, Agwe’ Sailing and/or its agents shall advise you accordingly and you shall have forty-eight (48) hours to rectify the default. Should payment not be satisfied Agwe’ Sailing shall assume the booking will not be honored and shall refund the preliminary deposit less a ten percent (10%) administration fee.

  1. Your Agreement: A binding contract exists between Agwe’ Sailing and yourself at the issuance of a receipt for each course held. Both parties agree that any dispute shall be resolved at the earliest possible date and should any dispute remain unresolved, both parties agree to resolve such disagreement and claim through the American Arbitration Association or a mutually agreed venue.
  2. Travel Arrangements: We reserve the right to make changes to and correct any omissions or errors in advertised prices at any time preceding your confirmed travel plans. We will advise you of any error of which we are aware and of any applicable price change to your booking.
  3. Insurance: Due to the very nature of the training environment and in accordance with clause (1), Agwe’ Sailing STRONGLY RECOMMENDS that each and every booking should be made with an appropriate travel insurance policy. Please read your policy carefully and ensure you are protected in the event of any changes or cancellation which affects your booking. It is your responsibility to maintain adequate coverage and Agwe’ Sailing shall not be responsible for any damages that occur as a result of any changes, amendments or cancellations made to any booking.
  4. Booking Changes: Should you wish to make any changes to your confirmed travel arrangements, you must notify us in writing and by telephone at your earliest convenience. Whilst we will make every endeavor to assist such requests we cannot guarantee we will be able to accommodate in every instance. Changes to any booking date shall be deemed to be a cancellation and subject to change fees as per clause seven (7). Date changes shall also be subject to a recalculation of course fees and an additional administration fee of $50.00 per student.
  5. Cancellation by You: Cancellations by you or by the party leader must be done in writing to the booking address and/or by email to the booking email address. Telephone changes will only be acceptable if written notification is received within 24 hours. Insurance premiums and any excess expenses are the responsibility of the booking party. In the event of cancellation the costs are as follows:
  • If more than 90 days in advance of your charter start date – 30% of the cost of your charter per booking.
  • If between 90 and 30 days in advance of your charter start date – 75% of the cost of your charter per booking.
  • If less than 60 days before your charter start date – 100% of the cost of your charter per booking.

Charter bookings are transferable based upon candidate approval by Agwe’ Sailing.

No refunds will be given for wholly or partly used bookings, nor will Agwe’ Sailing be liable for any damages or expenses incurred by late arrival or early departure from a course.

  1. Cancellation by Agwe’ Sailing: Planning and developing sail training courses occurs months prior to the actual date. Occasionally we are required to make changes to and correct errors in website or other advertised elements of some courses before and after bookings have been confirmed. Whilst we always endeavor to avoid changes or cancellations to any course, Agwe’ Sailing reserves the right to do so as and where required.

Due to the elemental nature of sail training, certain itineraries, ports, anchorages and destinations may not be part of your training week. We will of course endeavor to complete each training course as advertised however Agwe’ Sailing shall not be held responsible for any omission. It is hereby understood that every Captain and Instructor is ultimately responsible for the safety and well-being of both students and vessels and any decision he/she executes will be for the betterment and safety of all concerned.

Any minor changes to booking dates will be advertised on the Agwe’ Sailing website and every student holding a booking for any changed date will be advised accordingly. The booking holder will be entitled to transfer to another course or partial refund for any changes which affect the individual booking.

A Major change shall be of a significant nature and entitle the booking holder to a full refund. Agwe’ Sailing maintains the right to determine if such a change is deemed Major and shall advise the booking holder accordingly.

Very rarely we are forced by forces of nature to change or terminate existing or future courses. Bad weather alone shall not constitute a major change to the booking conditions where possible we will reschedule courses which have not commenced but will be affected by severe weather. Wherever possible we will not cancel your booking but establish a mutually satisfactory future date. Should this not be achievable booking holders shall seek redress through their respective insurance policies.

  1. Force Majeuer: In these Booking Conditions “Force Majeure” means any event which prevents Agwe’ Sailing as a supplier of the service in question could not with all due care, foresee, avoid or correct. Such events may include but not limited to; war or threat of war, riot, civil disobedience, actual or presumed threat to life onboard, industrial dispute, natural or manmade disaster, adverse weather conditions, fire, flooding, sinking or environmental conditions.
  2. Agwe’ Sailing and agent liability to Booking Holder: We agree to provide and perform the services and agreements as listed and advertised on the company website and as appears on company advertising. All care shall be taken to ensure your experience is accordance with that described and Agwe’ Sailing shall accept responsibility for the performance of such contract and satisfactory execution of such obligations by staff, instructors, employees, agents and suppliers.

Should it be proven that Agwe’ Sailing, its employees, instructors, agents or suppliers have been deficient in delivering such undertakings, you will have leave to seek compensation firstly by agreement with Agwe’ Sailing and secondly by way of Arbitration. Such damages will be limited to the Course/Charter fees.

Agwe’ Sailing, its employees, instructors, and agents shall not be responsible for any injury, illness, death, loss (including enjoyment), damage, expense, cost or such other claim or expense of any description whatsoever which results from any part of the following; (a) The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and or omission(s) of a third party not connected with the provisions of your course and which were unforeseeable or unavoidable or ‘force majeure” as defined in clause (9) above (b) Agwe’ Sailing, its employees, instructors, and agents cannot accept responsibility for any service which does not form part of the original contract. This includes any additional service, act, event or facilities which are ancillary to our contract and not inherently part of our obligations. (c) The promises Agwe’ Sailing, its employees, instructors, and agents make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided with all due care and appropriate skill. (d) As set out in these Booking Conditions Agwe’ Sailing, its employees, instructors, and agents shall be limited to a maximum liability of the full Course/Charter fee by the booking holder.

  1. Behavior: It is hereby understood that each and every booking holder shall be liable for the their own behavior on board the vessel any damage or loss which occurs onboard shall become the responsibility of the student to rectify. Such loss shall be established and appropriate restitution shall occur prior to the student’s departure from the course.

Each student shall have consideration for their behavior and those of fellow students. If in our opinion or any other person in authority, you or any member of your party behaves in such a way as to cause or likely to cause damage, loss, upset or distress to any third party, Agwe’ Sailing and/or its agents shall be entitled without notice to terminate the contract and have one or all of the offending party removed from the course. Such termination shall forfeit all rights and monies paid by the booking holder. Agwe’ Sailing shall not be liable for any subsequent travel expenses or travel costs incurred by the removed person(s).

  1. Third Party Suppliers: Agwe’ Sailing relies upon the services of many independent third party suppliers who operate in accordance with their own term and condition. Some of these conditions may well be outside those preferred by then Booking Holder and are beyond the scope of this contact to control or resolve.
  2. Special Requests: Any special request you require must be in writing at least two weeks prior to your course commencement. Although we will endeavor to satisfy every request Agwe’ Sailing cannot guarantee the full performance and execution of every written request. Failure to meet such a request by Agwe’ Sailing and/or its suppliers shall not constitute a breach of the Booking contract.
  3. Medical Condition: As part of every booking you are required to complete a medical questionnaire and provide any and all medical conditions, treatments, disabilities and ailments which may affect your ability to perform the tasks required onboard. You are also requested to provide us with any and all medications you are presently taking and or should take in the event of any medical condition which may arise during your course. Furthermore, you undertake to advise Agwe’ Sailing should any of the above circumstances change leading up to your course commencement.

Agwe’ Sailing reserves the right to amend, change, cancel or withdraw any booking which based on the medical conditions may adversely affect the successful completion of that course. If the company and/or its agents do not believe the needs of the individual(s) can be appropriately accommodated, such booking shall be withdrawn and the booking fee refunded subject to clause (7). If a full disclosure has not been made at the time of booking and the instructor feels the circumstances are warranted then the student shall be removed from the course and no refund shall be applicable.

  1. Excursions and 3rd Party Activities: We may provide you with information about activities and excursions which are available in the area you will be visiting. We have no involvement in any such activities or excursions operated by third (3rd) party providers and as such we cannot guarantee the validity or authenticity of any external entity.
  2. Travel Documents: It is the Booking Leader’s responsibility to ensure each and every member of their party has the appropriate travel and health documents prior to departure. All cost incurred in obtaining such documentation shall be borne by the booking party. Agwe’ Sailing cannot be responsible for any party member who is refused entry into any country due to lack of proper documentation. Such failure and subsequent fines, charges and expenses in rectification shall be borne by the booking holder.
  3. Personal Exertion: Each booking holder acknowledges they are entering into an adventurous and strenuous environment. Agwe’ Sailing agrees to provide services in accordance with the booking conditions however all parties acknowledge that physical exertion and the potential for fatigue, exhaustion, illness and accident are inherent parts of a sail training environment. Students hereby agree to hold harmless Agwe’ Sailing from any physical ailment which may affect them during and subsequent to their time on the course.
  4. Complaints: Where any party wishes to lodge a complaint about any aspect of the sail training experience, he/she shall be invited to do so either by telephone, email or regular mail. Where an individual requires specific compensation, or claims for damages, such claim shall be in accordance with clause (10 d). Students are also at liberty to take each and every complaint to NauticEd.

 

 

*RELEASE KEPT ON FILE AT AGWE’ SAILING*

AGWE’ SAILING RELEASE AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Agwe’ Sailing LLC is a business that trains participants in sailing skills and provides them with recreational sailing opportunities.

The Participant understands that sailing, sailing classes, rentals, charters, adventure vacations, competitions, club activities, other sailing activities and any use of Agwe’ Sailing vessels, facilities and equipment, including training and volunteering (collectively referred to as “Activities”) can be hazardous and that injuries are common when participating in Activities. Participant accepts and assumes the inherent risks associated with Activities, including, but not limited to, changing weather conditions, the forces of nature, changing water flow, submerged objects, exposure to the elements, falling into the water, loss of control, vessel stability, wet and slippery surfaces, tripping and falling, swinging booms, unexpected equipment failure, collision with objects and other vessels, exceeding one’s ability, and other risks commonly found in boating or wilderness travel. Participant understands that such Activities may result in injury or illness, including, but not limited to, bodily injury, strains, fractures, concussions, partial or total paralysis, drowning, death, or other ailments that could cause serious disability. Participant hereby freely and expressly ASSUMES ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY AND DEATH ASSOCIATED WITH ACTIVITIES.

In consideration for accessing Agwe’ Sailing vessels, the participation in any Activities, operating Agwe’ Sailing vessels and the use of any other Agwe’ Sailing facilities or equipment, PARTICIPANT HEREBY AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY Agwe’ Sailing and its owners, partners, employees, directors, officers, agents, instructors, Land’s End Sailing LLC, and affiliates (each considered one of the “Releasees” herein) FROM ANY AND ALL CLAIMS FOR PROPERTY DAMAGE, INJURY OR DEATH SUFFERED BY PARTICIPANT OR FOR WHICH PARTICIPANT MAY BE LIABLE TO OTHERS. This Release and Indemnity Agreement applies to any and all claims arising directly or indirectly out of Participant’s participation in any Activities and/or Participant’s use of, or access to, Releasees vessels, facilities and equipment. THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL CLAIMS BASED UPON NEGLIGENCE and any other theory of recovery, except claims based upon willful or intentional misconduct. Participant also AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (including costs and attorney’s fees) Releasees FROM ANY AND ALL CLAIMS BROUGHT ON BEHALF OF PARTICIPANT’S GUESTS (or others acting on their behalf). PARTICIPANT UNDERSTANDS THAT THEY HAVE A CHOICE NOT TO PARTICIPATE IN ACTIVITIES.

Participant understands that if any legal action is brought, the substantive laws (of whichever jurisdiction an incident occurs) of Maritime Law, the State of Oregon, or the State of Washington shall apply. Participant agrees and understands that each party irrevocably waives its rights to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or Activities.

The Participant agrees to comply with State and Federal regulations, including US Navigation Rules (“Rules of the Road”) and international regulations and any Agwe’ Sailing rules, conditions, signage and warnings. Participant understands that Agwe’ Sailing may, among other things, revoke any Activities privileges if Participant fails to do so.

Participant understands that holding Agwe’ Sailing (including staff, instructors and agents) harmless from any liabilities is required by Agwe’ Sailing’s insurer and insurance is required by moorages.

If any part of this agreement is determined to be unenforceable for any reason or in any circumstance, it is intended that all other terms will be enforced in all other circumstances.

I, the Participant, have carefully read and understand this Agreement and all of its terms. I understand that I am assuming risks. I understand that this is a release and I am giving up substantial rights. I enter into this Agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns and representatives.

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