Agreement Terms
Voluntary Participation. I voluntarily choose to participate in a recreational sailing/boating charter operated by Charleston Sunsets Sailing. I understand participation may include boarding/disembarking, sailing, motoring, movement around a vessel, exposure to marine conditions and, when specifically permitted, swimming or water activities.
Acknowledgment of Inherent Risks. I understand sailing, boating, and activities on or around navigable waters involve inherent and other risks. These may include falls, slips, loss of balance, wet surfaces, moving rigging/equipment, ropes and lines under tension, swinging/moving booms, vessel movement, collisions, grounding, wakes, waves, currents, tides, wind, lightning, storms, changing weather, heat/sun exposure, dehydration, seasickness, boarding/disembarking injuries, drowning, marine wildlife, submerged objects, equipment malfunction, actions of other vessels/persons, delayed emergency response, and other risks associated with marine recreation. Some risks cannot be eliminated without fundamentally changing the nature of the activity.
Assumption of Risk. Knowing these risks, I voluntarily elect to participate and knowingly assume the inherent and other ordinary risks associated with recreational sailing, boating, and authorized activities connected with the charter, to the extent permitted by applicable law.
Captain and Crew. I agree to follow all lawful safety instructions issued by the captain and crew. I understand the captain has final authority regarding safe vessel operation and may modify or terminate activities based on weather, passenger conduct, navigational conditions, mechanical concerns, or other safety considerations.
Release and Waiver. To the fullest extent permitted by applicable law, I release and discharge Charleston Sunsets Sailing, Pirate Hunter Enterprises, and their respective owners, members, managers, employees, crew, contractors, agents, and representatives from claims arising from the ordinary inherent risks of my voluntary participation and, where legally enforceable, claims arising from ordinary negligence associated with those activities. Nothing in this agreement is intended to release, waive, limit, or excuse liability that cannot lawfully be released or waived. If any portion is unenforceable, the remainder is intended to remain effective to the maximum extent permitted by law.
Personal Property. I understand Charleston Sunsets Sailing is not responsible, to the extent permitted by law, for ordinary loss of or damage to personal property. I am responsible for securing phones, cameras, jewelry, wallets, sunglasses, clothing, bags, and other property.
Physical Ability. I am responsible for deciding whether I can safely participate and agree to inform the captain before departure of circumstances reasonably requiring assistance or materially affecting emergency response.
Emergency Medical Authorization. If I become injured, ill, unconscious, or unable to make decisions, I authorize the captain or crew to contact emergency services and obtain or facilitate reasonably necessary emergency assistance. I understand I remain responsible for medical or transportation expenses attributable to my care except where otherwise required by law.
Alcohol and Impairment. I understand alcohol may increase boating risks. I agree not to become dangerously impaired and understand the captain may restrict consumption, refuse boarding, or terminate participation when impairment creates a safety concern.
