Terms & Conditions
Unfortunately, we cannot guarantee a deposit refund in the event you have to cancel your trip with Sailing Collective. The cabin or boat must be paid in full regardless of the final number of travelers in your group are unable to join.
Group charters: if you cannot make your trip during a Sailing Collective group charter, you can try to fill your cabin using your personal network and Sailing Collective will advertise on your behalf but we cannot guarantee Sailing Collective will be able to fill your cabin and issue your payment back. Please consult a Sailing Collective coordinator to discuss in detail.
We recommend taking out a travelers insurance program if you might have to cancel and Sailing Collective will comply with any travelers insurance cases.
We recommend taking out additional travel insurance through Global Rescue as additional protection for changes and cancellations. In the unlikely event that you must use your travel insurance, we are fully willing to comply with your request for any documentation or information the insurance company needs.
Disclaimer & Liability
All customer participants must agree to indemnify and hold the Sailing Collective, its insurers, affiliates and captains harmless for any injury or death arising from uncontrollable circumstances of travel and the nature of the Journey. The Sailing Collective LLC and its member captains and crew are not held accountable for any injury caused by malfunction of a vessel that is not owned and maintained by the Sailing Collective. In the case of an injury, the passenger remains responsible for the negligent acts that may result in harming the passenger and fellow crew.
Behavior & Conduct
The Sailing Collective member captain has the right to suspend the activity and participation of a client on any Sailing Collective trip if behavior is erratic, unsafe, belligerent, or defiant of captains’ commands and orders. Client will not be refunded and will be responsible for any and all extra financial costs if they are required to disembark before the end of the trip. Erratic and unsafe behaviors includes but is not limited to excessive drinking of alcohol, unsafe practices aboard, damaging the boat, willful defiance of the captain and their commands (in regards to safety), sexual harassment, physical and verbal violence, and so on. It is the right of the captain to judge erratic behavior as they deem fit for the situation.
Passengers who wish to not be photographed must inform the Sailing Collective in advance. Photographs may be used for Sailing Collective purposes for website and other marketing operations. The Sailing Collective is not responsible for internet circulation of images via social media or other outlets outside the photo content on the website.
By booking with the Sailing Collective you are agreeing to the following:
This event is a Sailing Collective Journey that will allow me to choose to participate in various recreational activities.
Assumption of Inherent Risk: I understand that it may be impossible to list all of the inherent risks of participation in this event, but some are listed below to give the participant a better idea of the risks involved. Minor injuries such as; muscle soreness, cramps, bruises, strains and sprains may occur more frequently while more serious injuries or conditions such as dehydration, heat exhaustion, heat stroke, difficulty breathing, broken bones, drowning, torn ligaments or tendons, sudden illness, stroke, heart attack and even death may occur. Environmental risks and hazards may include; deep and cold water, insects, snakes, animals, unpredictable forces of nature including weather. This list is not inclusive and extends to damage and/or loss of personal property as well. I also understand that any participation in this event may require me to be transported in vehicles and vessels operated by Sailing Collective professional staff or personnel, or contracted by the Sailing Collective. I understand the risks associated with transportation in vehicles and vessels of all types.
I understand that the inherent risks associated with this event may occur despite the care taken by The Sailing Collective and its employees. I have read the previous paragraphs and I understand the nature of this journey. I hereby assert that my participation in this event is voluntary and that I knowingly assume all of the inherent risks of the activities. I also understand that I am welcome to omit an activity or may stop at any time and that my questions regarding this program have been answered to my satisfaction.
Waiver of Liability: In consideration of permission to participate in this activity, today and on all future dates, I, on behalf of myself, my spouse, my heirs, personal representatives, or assigns, do hereby release, waive and discharge The Sailing Collective, (including its officers, employees, and agencies) from liability from any and all claims resulting from the inherent risks, associated with this event or from negligence, strict liability, breach of contract, or any act or omission, but not gross negligence. I also expressly agree to release The Sailing Collective, its officers, agents, employees, and students from any act of omission of negligence in rendering or failing to render any type of emergency or medical services. This agreement applies to (1) personal injury, illness including death from incidents arising from participation in this event while on any Sailing Collective journey. I understand that some activities may occur in remote places, open to the public, where communication and transportation may be difficult and medical care may be delayed.
The Sailing Collective may also utilize the services of private contractors for certain tasks including, for example, transportation, and food service. The Sailing Collective is not responsible for the acts or omissions of such contractors. Indemnification: I also agree to hold harmless, defend and indemnify The Sailing Collective, its officers, employees, and agencies (that is, defend and pay any judgment and costs, including investigation costs and attorney fees) from any and all claims of mine, my spouse, family members, or others arising from my injury or loss due to my participation in this event (including those arising from in the inherent risks or negligence, strict liability, breach of contract, or any act or omission, but not gross negligence). I further agree to hold harmless, defend, and indemnify The Sailing Collective, its officers, employees and agencies (that is, defend and pay any judgment and costs, including investigation costs and attorney fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in this event.
Covenant not to Sue, Venue and Severability Clauses: I covenant not to sue The Sailing Collective, its officers, employees, and agencies for any present or future claims arising directly or indirectly from my participation in this event.
Likewise, I understand that if, in spite of this contract, legal action is brought, it must be adjudicated under the laws of the State of New Hampshire, and must be brought in the appropriate court housed in Rockingham County in the State of New Hampshire. I also expressly agree that this Agreement (including Assumption of Risk, Waiver of Liability, Indemnification, and Covenant not to Sue) is intended to be as broad and inclusive as is permitted by the laws of the State of New Hampshire and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgements, Assertions, and Agreements; Regarding My Health Status – I assert that I: • Do not have any medical problems that would contraindicate participation in this event. Emergency Care – I Authorize or Agree to Allow The Sailing Collective, its Officers, Employees, and Agencies to: • Administer emergency first aid, CPR, and use an AED when deemed necessary. • Secure emergency medical care or transportation (i.e., EMS) when deemed necessary. • Share my medical history with emergency medical personnel when deemed necessary. • Assume all costs of emergency medical care and transportation. Code of Conduct, Rules and Safety Equipment – I Agree to: • Abide by the rules established by The Sailing Collective, the The Sailing Collective Code of Conduct, and its contracted vendors. • Abide by the instructions of the The Sailing Collective, its Officers, Employees, and Agencies and abide by any action they deem necessary in the event of misbehavior on my part.
• Inform The Sailing Collective or its representatives immediately if I become aware of participant conduct or equipment condition that presents a danger to others or me. • Wear any required equipment at all times while participating in this journey. • Terminate my participation if The Sailing Collective representative judges that I am incapable of safely meeting the rigors of the activity. I accept The Sailing Collective’s right to take such actions for the safely of myself and/or other participants. If under 18, a parent or legal guardian must provide their name and check the box below on your behalf.
I acknowledge that: I have read this Participant Agreement - Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant not to Sue and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue The Sailing Collective, its Officers, Employees, and Agencies for injuries, illness, loss or even death resulting from the inherent risks, negligence, strict liability, breach of contract, or any act or omission, but not gross negligence, from my participation in this event. I further acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of New Hampshire. I certify the information submitted on this Registration Form is true and complete to the best of my knowledge, and I understand that any wrong or incomplete information could result in an injury or illness.
I grant permission to The Sailing Collective and agents of the institution, to authorize and administer emergency medical treatment that is deemed necessary.
© Sailing Collective 2021