A. You about to undertake an offshore sailing trip on the S/V Libra, with Captain Ryan Rayfield and/or Captain Randy Smith.

 

B. You acknowledge that such a trip is inherently dangerous, and risks both injury and loss of life, which no degree of caution or care on the part of the Captain, owner, or crew can remove, including in the preparation of the boat, the selection of the other crew, and the choice of when to sail, and other decisions during the course of the trip, including decisions concerning boat handling and navigation.

 

C. Despite these risks You wish to undertake the trip, and are willing to accept the risks inherent therein.

 

D.  If you exhibit offensive behavior to the crew or are uncooperative, ill-willed or (let’s face it, just an absolute jerk!) during the passage, you will be escorted to the first port where air transportation can be arranged. If you are exported from the vessel for violating these rules, by signing below you are waiving your right to seek redress or sue for damages for a mandatory disembarking of Libra.

 

E.  We do not control the weather.  No one does!  While it is rare, if the conditions are such during the dates of an estimated departure that it is not safe for vessels to leave the harbor we will reschedule the voyage as soon as practically possible considering weather patterns and upcoming voyage and departure dates.  If you are not able to join on the rescheduled voyage, any funds paid toward your trip will be held and remain available to apply toward any other future passage on Sail Libra.

 

F. In consideration of being allowed to undertake the trip you, as an inducement to the Captain and vessel owner hereby agree to this release and waiver of liability, on his/her own behalf and on behalf of his/her assignees, successors, descendants, heirs, personal representatives, and all persons claiming by or through him/her. Now therefore for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, You agree as follows:

 

1. You hereby release and waive any claims and/or demands for liability, damages, and/or money, as against Captain Ryan Rayfield, the owners, and crew of the SV Libra, their agents, successors, personal representatives, and assigns, except for cases of gross misconduct or gross neglect, which are the only claims reserved from this release and waiver.

 

2. You are on his/her own behalf, and on behalf of his successors, assigns, personal representatives, heirs and descendants, agrees to hold Captain Ryan Rayfield, the owners, and crew of the SV Libra, free harmless and indemnified against any claims made in connection with the described trip, including any claims by his/her heirs or descendants, and/or claims by any other persons on the trip related to his/her conduct.

 

3. The undersigned acknowledges that both Captain Ryan Rayfield, the owner, and the crew of the SV Libra are relying on this release and waiver in undertaking the trip with you as crew, and that but for the execution of this release and waiver they would not do so.

 

4. The foregoing release and waiver shall be binding upon you, your successors, assigns, personal representatives, heirs and descendants, and any other person claiming by or under him or her; and shall inure to the benefit of Captain Ryan Rayfield, the owner, and the crew of the above described vessel, their successors, assigns and personal representatives.