Sailaway Free Charter Agreement

This document stipulates an agreement between Sailaway Free Adventures, a Minnesota Based LLC, at 6230 McKinley St NW, Suite C2, Ramsey Mn 55303 and, ___________________________, whose address is;____________________________________, and who is an individual desiring to charter Sailaway Free, and its captain, for a sailing vacation in the British Virgin Islands. Sailaway Free is a 48' foot sailing catamaran stationed in Tortola, British Virgin Islands. Sailaway Free LLC, will provide a captain with the boat for the duration of the clients stay.

The charter trip is scheduled to start on: ______________________________________

The charter trip is scheduled to end on: _______________________________________

The price for the above vacation charter will be: __________________________________
Sailaway Free LLC shall:
  1. Meet the guests/clients at Nanny Cay Marina, or a previously agreed to marina location, with the boat clean and in full commission.
  2. Provide a competent skipper/captain to operate the boat, and to bring guests from island to island, and anchorage to anchorage. The fees for the captain are included in the quoted rate.
  3. Provide the following items to accompany the boat:
    • Dinghy with 15 hp outboard engine
    • Auto pilot
    • Color gps chartplotter
    • Electronic wind instruments
    • Navigation equipment
    • Radio, cd player, and ipod hook up
    • Bed linens, pillows, and bath towels
    • Cruising guide and charts
    • Fiberglass hard top
    • Propane gas grill and propane
    • First aid kit
    • Flares and misc safety equipment
    • VHF radio dash mount, and portable vhf
    • Cockpit cushions
    • Mooring lines and fenders
    • Deck shower
    • Fans in cabins and galley
    • Electric Anchor windlass w/remote
    • Ice cooler on transom
    • Freezer and Refrigerator
    • Fully equipped galley, with oven and stove, dishes, pots, pans, silverware, utensils
  4. Pay for the BVI cruising tax
  5. Pay for the BVI National Parks Permit
  6. Reserve the right before and during the charter to refuse the departure of the vessel if client or guests demonstrates behaviors that cause captain concern for the safety of the boat or its guests.
  7. Give charterer a credit certificate for use on future charters if there is a delay in delivery of the vessel, or use of the vessel, of more than 24 hours, or the charter is cancelled or recalled by Sailaway Free for reasons in its control. In the event a credit is issued, no credits will be provided for anything other than the charter fee itself, this includes but is not limited to such things as airfare, taxi's, ferry's, hotel expenses, lost wages or other such items.
  8. Not issue charterer a credit for reasons outside of its control, such as weather, clients illness, acts of political unrest, airline cancellations, etc.
  9. Not issue a credit if charterer elects to prematurely end the charter, once the charter has begun.
  10. Inspect the boat and accessories upon completion of the charter, in order to ascertain if any damages or losses occurred due to the charterer or their guests actions such as vandalism, neglect, abuse, inappropriate use, dropping overboard, and so forth. If such damages are found, the damage deposit will be used to cover such expenses.
  11. Not allow hard surfaced or black soled shoes, dragging of luggage across the painted surfaces of deck, cleaning of fish inside the cabin, galley, or cockpit areas, jumping or diving off of any part of boat, smoking, pets, or illegal drugs on board.
Charterer (Client/Guest) shall:
  1. Not hold Sailaway Free or its representatives liable to charterer for any refund of charter fees or costs, including travel expenses, should the charterer cancel the charter. Charterer shall rely solely on trip cancellation insurance.
  2. Incure their own expenses, and pay for items independently that are not included in the charter price, such as, but not limited to diesel fuel, anchorage, mooring, and docking fees ,water, ice, groceries, beverages, provisions, personal items, water sports accessories such as snorkels, fins, scuba gear, kayaks, wind surf boards, taxis, ferrys, car rental, meals, and so forth. Sailaway Free LLC will only provide the boat, captain, dinghy, park permits, items mentioned in previous paragraph, and miscellaneous provisions necessary to operate the boat.
  3. Indemnify and hold Sailaway Free LLC, assigned captains, its officers, insurers and affiliates harmless for any death or injury arising from swimming, windsurfing, kayaking, or the use of dinghies, snorkels, masks or other equipment such as scuba equipment, the abuse of drugs, consumption of alcohol, unauthorized night sailing, or sailing in areas designated hazardous by the captain, Sailaway Free LLC, and other charter companies located in the British Virgin Islands. The Liability Indemnification Agreement must be signed and returned along with these Terms & Conditions. Charterer is responsible for ensuring all members of the party have signed the agreement.
  4. Be responsible for any damage to the boat cause by their negligence, abuse, or vandalism.
  5. Agree that Sailaway Free is used for vacation purposes only, and not for the transport of merchandise.
  6. Comply with all laws and regulations of the US, the BVI, or of any other government within the jurisdiction in which the vessel may be at the time.
  7. By signing this agreement, certify that he/she is competent to handle the rigors, and any inherent risks associated with such activities involved with sailing such as entering and leaving a boat or its "tender" while at sea or dockage, and living on board a sailing vessel for a week at a time while at various anchorages.
  8. Pay for the refueling of water and diesel at the end of charter.
  9. Pay for any mooring or docking fees, when out on their charter.
  10. Provide a $500 dollar, refundable, damage deposit in advance of each trip.
General provisions:
  1. Sailaway Free LLC, cannot be responsible or liable for loss, damage, or theft of personal articles, luggage and belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities.
  2. All passengers or their affiliates are considered guests of the charterer. Charterer is responsible for the safety and well-being of charterer.
  3. Should either party to this Agreement choose to pursue legal action against the other, each party will be responsible for their own legal fees and costs that may be incurred for such proceedings, including any fees and costs associated with court ordered mediation and arbitration, or appellate proceedings.
  4. This Agreement cannot be modified without the written consent of both parties hereto and the failure of either party to insist upon strict compliance with the terms set forth herein shall not be deemed a waiver of any such party's rights hereunder.
  5. This Agreement shall be construed and interpreted in accordance with the laws of the state of Minnesota, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States.
  6. This Agreement constitutes the entire Agreement between the parties and supersedes all prior understanding and agreements to the extent inconsistent herewith. No representations or warranties not set forth herein have been offered to or made to any party as an inducement into this Agreement and all negotiations are merged herewith.
Deposit and Payment Schedule
Default and Cancellation Policy
Cancellation of your deposited booking is subject to the following policy:
Travel Insurance
Sailaway Free Adventures LLC, can provide travel insurance insurance for a fee of: $________________________

Guests/Clients/Charterers desiring to waive such coverage should confirm they do not want such coverage by signing and dating here, acknowledging that they were offered the insurance but declined it.

Signed and Dated:__________________________________________________
Late Change Fees
After the Charterer has already booked a trip and reserved Sailaway Free, they may still make changes to their scheduled dates, if other dates are available. However, when changes are made to existing charter agreements, it may be deemed necessary to apply a change fee and the following policy will apply:
Liability Indemnification Waiver:
Charterer is responsible for ensuring all members of the party have signed below prior to departure.

In consideration of participating in any way in a sailing vacation, (herein called "the activity") on board the sailing vessel, Sailaway Free, I am acknowledging that this activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from:
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in "The Activity." I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Sailaway Free LLC, its officers, employees, affiliates, and agents from liability from any and all claims including the negligence of Sailaway Free LLC, its officers, employees, affiliates, and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the Activity.
Indemnification and Hold Harmless:

I also agree to INDEMNIFY AND HOLD Sailaway Free LLC, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in The Activity and to reimburse them for any such expenses incurred.

Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Name                                                  Address                                                  Phone Number

IN WITNESS WHEREOF, the parties hereto have executed these presents as of the date written below.

Head Charterer:
Signature: ___________________________

Printed Name: _______________________________________ Date____________________


Printed Name___________________________Date_______________________
Payment to be remitted to:
Sailaway Free Adventures
6230 McKinley St NW Ramsey, Mn, 55303, Suite C2, ATTN; Patty Zenz