Guest of ACsailingSF
Terms and Conditions
ACsailingSF, welcomes the person whose name appears below (Guest) to the ACsailingSF dock, and aboard, USA 76, charter boat, tender, chase boat or other boat (Vessel) used for our America’s Cup experience (the Experience) subject to the following terms and conditions. These conditions are for the benefit of and enforceable by ACsailingSF, INC., and any other subsidiaries or related companies of ACsailingSF, INC. that may currently exist or that may be incorporated in the future. The Guest acknowledges that he or she has received and agreed to these terms and conditions.
SPECIFICALLY, GIVEN THE UNIQUE AND UNPREDICTABLE NATURE OF THE VESSEL’S PERFORMANCE AND
THE NATURAL ELEMENTS OF WIND AND SEA, GUEST UNDERSTANDS AND ACCEPTS THAT BEING ONBOARD
THE VESSEL IS AN UNUSUALLY HIGH RISK ACTIVITY.
1. The Guest assumes full responsibility for his or her actions and freely chooses to incur any and all risks and dangers connected with attending as a Guest at the dock or on the Vessel, including possible injury, death or other damage to the Guest or his or her property.
2. Attending as a guest aboard an ACsailingSF Vessel may be unsuitable for anybody with a physical disability or undergoing medical treatment. Guest warrants that they are medically fit to attend aboard the ACsailingSF Vessel.
3. The Guest agrees to accept and solely assume full responsibility for his or her health, safety and well being while present as a Guest at the dock or on the ACsailingSF Vessel. Specifically, he or she agrees to at all times, to fully comply with all instructions and directions of ACsailingSF employees and the crew of the ACsailingSF Vessel.
4. The Guest, on behalf of itself and its personal or legal representatives, executors, administrators, successors and heirs, hereby covenants not to sue and releases, waives and discharges ACsailingSF, INC. and its related entities, affiliates, team members, employees, officers, directors, shareholders, partners, representatives, agents, sponsors, endorsers, supporters and customers, (collectively, the Released Parties) for any and all loss, damage, claim, or demand for any injury, death or loss of property, whether caused by negligence or otherwise, in the course of being a guest of ACsailingSF. If the Guest or any of his or her personal or legal representatives, executors, administrators, successors and heirs brings any action or any other claim or proceeding against any Released Party for personal injury, death or property loss arising directly or indirectly from the Guest being a guest at the dock or aboard the ACsailingSF Vessel, the Guest (or such personal or legal representatives, executors, administrators, successors and heirs) will indemnify and hold harmless each such Released Party from all legal costs, attorney fees or other costs or liabilities incurred by any Released Party or any others arising out of any actions, claims or proceedings.
5. The Experience may be photographed and televised/recorded by film crews and others authorized by ACsailingSF. Should the image, likeness or voice of the undersigned, or any entity identified with the undersigned, be photographed, taped or otherwise recorded during the Experience, the undersigned irrevocably consents to the reproduction and use of such photography, tapes and other recordings by ACsailingSF and its designees and licensees, free of charge.
6. The parties agree that these Terms and Conditions shall be binding on and enforceable against the Guest and each of his or her personal or legal representatives, executors, administrators, successors or heirs and shall inure to the benefit of ACsailingSF and each of its related entities, affiliates, team members, employees, officers, directors, shareholders, partners, representatives, agents, sponsors, endorsers, supporters and customers.
7. In case any of these Terms and Conditions are held to be invalid, illegal or unenforceable under applicable law, as determined by a court of competent jurisdiction in a judgment that has become final in that it is no longer subject to appeal or other review, the parties agree that such provision shall be amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the parties and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In any action to enforce these Terms and Conditions, the prevailing party shall be entitled to recovery of all fees and disbursements including reasonable attorneys’ fees.
8. These Terms and Conditions shall be covered by and construed under the laws of the State of California, USA without giving effect to the principles of conflicts of law.
9. PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms and conditions set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.