Liability Waiver & Release Form

Please take a moment to review our Liability Waiver & Release Form. Guests will be asked to sign this document prior to boarding the vessel to ensure a safe and enjoyable experience.

Boston Sailing and Fishing Charters LLC

Waiver and Release of Liability

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

In consideration of being permitted to participate in sailing and fishing excursions ("Activity") provided by Boston Harbor Sailing and Fishing Charters ("Operator"), I, the undersigned participant, acknowledge and agree to the following terms:

1. Acknowledgment of Risks

I understand that participation in the Activity involves inherent risks, including but not limited to:

Physical injury, disability, or death due to accidents, collisions, falls, or equipment failure.
Risks associated with water-based activities, such as drowning, hypothermia, or encounters with marine life.
Weather-related risks, including storms, high winds, or rough seas.
Risks associated with fishing, including hooks, sharp objects, or handling of marine life.
Property damage or loss due to environmental conditions or accidents. I acknowledge that these risks may result from my own actions, the actions of others, or conditions beyond the control of the Operator.

2. Assumption of Risk

I voluntarily assume all risks associated with participating in the Activity, whether known or unknown, and accept full responsibility for any injury, loss, or damage that may occur during the Activity.

3. Release and Waiver

I hereby release, waive, discharge, and covenant not to sue the Operator, its owners, employees, agents, or affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my property while participating in the Activity, whether caused by the negligence of the Operator or otherwise.

4. Medical Conditions

I certify that I am physically fit and have no medical conditions that would prevent me from safely participating in the Activity. I agree to inform the Operator of any medical conditions or special needs prior to the Activity.

5. Compliance with Rules

I agree to follow all instructions, rules, and safety guidelines provided by the Operator during the Activity. I understand that failure to comply may result in my removal from the Activity without refund.

6. Equipment and Property

I understand that I am responsible for any damage I cause to the Operator’s equipment or property, including the 30 ft sailboat, fishing gear, or other assets, due to my negligence or misuse.

7. Photography and Media

I grant the Operator permission to use photographs or videos taken during the Activity for promotional purposes, without compensation to me.

8. Refunds and Cancellations

I understand that the Activity is weather-dependent and can only proceed when weather conditions permit safe sailing. In the event of poor weather, as determined by the Operator, I will be notified at least 24 hours prior to the scheduled Activity Ascendancy System: sail time and will receive a full refund. A refund will be issued for cancellations initiated by the participant if the cancelation is at least 24 hours prior to sail time. The Operator will charge a 50% fee of the total charter price if cancelation initiated by participant is less than 24 hours from time of sail.

9. Minor Participants

For participants under 18 years of age, a parent or legal guardian must sign this waiver on their behalf. The parent or legal guardian assumes full responsibility for the minor’s participation, acknowledges the risks outlined in Section 1, and agrees to the terms of this waiver, including the release of liability in Section 3, on behalf of the minor.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes arising under this Agreement shall be resolved in the courts of Massachusetts.

11. Acknowledgment of Understanding

I have read this Waiver and Release of Liability, fully understand its terms, and sign it freely and voluntarily without any inducement. I am at least 18 years of age and fully competent, or, if signing on behalf of a minor, I am the legal guardian with authority to sign.