Liability Waiver and Legal Stuff
You must accept to continue with your voyage. You will also be required to sign a paper copy before departure on SV Libra.
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 SailLibra.
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.
5. If you have booked your adventure through HaveWindWillTravel.com: HaveWindWillTravel.com and Annie Dike have provided booking and passage information about SailLibra.com simply for your general information if you determine you would like to make a trip like this. Neither HaveWindWillTravel.com, Annie Dike, nor Phillip Warren own, operate, control or have any legal interest in SailLibra.com or any of its related services. The information provided herein is simply to promote SailLibra.com services. Neither HaveWindWillTravel.com, Annie Dike nor Phillip Warren warrant anything about SailLibra.com or any services they provide. They are also unable to predict the weather or whether you will find a voyage like SailLibra.com provides enjoyable. If something goes wrong in the booking or during any aspect of the trip or your dealings with SailLibra.com, HaveWindWillTravel.com, Annie Dike or Phillip Warren are not responsible. HaveWindWillTravel.com, Annie Dike, and Phillip Warren specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with booking of offshore passages or travel through SailLibra.com or any aspect of any services offered by SailLibra.com, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, including interruptions in communications. You should always do your own research and understand all risks associated with booking and participating in any voyage or any services offered by SailLibra.com or any other provider. You hereby release and waive any claims and/or demands for liability, damages, and/or money, as against HaveWindWillTravel.com, Annie Dike and Phillip Warren, as well as their agents, successors, personal representatives, and assigns arising out of an offshore voyage through SailLibra.com.
THE LIBRA PHOTO & VIDEO RELEASE
I hereby grant SV Libra & Agents Media permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of SV Libra & Agents.
I hereby irrevocably authorize SV Libra & Agents to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge SV Libra & Agents from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.