Waiver

WINDY CITY SAILING, Inc. (WCS) and
CAPTAIN VARTAN CHARTER SERVICE (CVCS)
Luxury Yacht Charters

Business Office:
3623 N. Leavitt Street
Chicago, IL 60618
(773) 868-0096
edwina@windycitysailing.com
Windy City Sailing Inc. is pleased to provide you and your guests an unforgettable sailing excursion on Lake Michigan!

This letter describes the do’s and don’ts for a Windy City Sailing (“WCS”)and Captain Vartan Charter Service (“CVCS) sailing charter along Chicago’s lake shore. If you have any questions, ask your Captain or call us at (773) 868-0096.

Charter Client / Sailor’s Name:______________________________________
Address: ____________________________________________________________
City: _______________________________________________________________
State: ___________________________ Zip Code: ________________________
Telephone: __________________________________________________________
Email: ______________________________________________________________

Tipping captains and crew is customary, and typically ranges from 15-20% of the charter fee.

Full sailors are happy sailors, and we want you to enjoy yourselves. Catering for the cruise is available, but is booked separately from the Charter. You can also bring your own food and beverages. Alcoholic beverages are permitted, but you should drink in moderation, and only for the adults who are 21 years or older. We have plates, glasses, flatware, napkins, bottle openers, corkscrew, ice and bottled water. We provide a cooler stocked with ice, sink and a cold refrigerator.

Other Charter Guests/Passengers (WCS reserves the right to request all passengers read and sign this Charter Agreement):
________________________________________________________________________
________________________________________________________________________

Check out the weather ahead of time and dress for the occasion by bringing extra, comfortable clothing, and rain gear if needed. We recommend wearing non marking rubber-soled shoes, sneakers or deck shoes, and a jacket for the evening sails. Offshore breezes can be fairly cool even on sunny days.

We encourage people of all ages to come aboard and enjoy the thrill of sailing. Sorry, but we cannot allow pets on our boats. We love our furry friends, but we have learned the hard way, that boats are often uncomfortable for our four-legged friends.

“Captains call” – Our Captains will do their best to ensure that all charters meet your expectations from the scheduled time of departure to arrival back at the dock. However, you should expect that cruises may be shortened, layovers may be necessary, or other delays may occur due to weather and other factors beyond our control. We will honor any client request for a delayed departure or early return as long as it does not affect other scheduled charters. At the time of sailing, if the Client requests and the Captain accepts a deviation from the original charter itinerary, there may be additional charges incurred which will be payable and due at the end of the charter.

Weather is part of the sailing experience – both the good and bad days. We must respect Mother Nature and we will not put anyone in danger. The Captain makes the final determination whether or not to sail. WCS has no liability or responsibility for delays, cancellations or failure to furnish services when caused by Acts of God, inclement weather, rough seas, storm warnings, lightening, thunderstorms, heavy fog, very strong winds, government orders, labor disputes, legal prohibitions, third-party interferences, or any other causes beyond the control of our Captains or WCS. When possible cancelled charters will be rescheduled. If this cannot be done due to time or other constraints, any deposits will carry over to the following year or we will provide a full refund.

In addition, the Captain may exercise good judgment and discretion to cancel any charter without refund for any of the following reasons: passengers over-intoxicated, unconsciousness, aggravation of previous injury, illegal drug use, unruly or reckless behavior, perceived risk or threat to the operation of the boat or to others, criminal act or violation of local law and boating regulations, or behavior that distracts the Captain or Crew from their duties.

Now, for the legalese… We know this is not fun to read, but necessary so that we can all have fun and relax during our sailing trip together. While the Captain is responsible for all matters relating to the navigation, operation and maintenance of the vessel during the charter, passengers are ultimately responsible and liable for their own safety, baggage, personal belongings, and activities during and immediately following the sailing trip, including but not limited to, diving off the boat, fishing or swimming. The Captain will ensure that any persons on board comply with applicable laws and boating rules. For instance, when the Captain yells to duck down because the boom is about to swing, passengers must obey the Captain’s order (no mutinies, extreme sport stunts, or back-seat captains please). The boom is at head level and if struck can cause serious injury or falling overboard.

The following should go without saying, but our lawyer made us say this, too – Without exception, firearms, knives, explosives, contraband, illegal drugs, and escaped felons are prohibited by WCS Charters and will not be allowed on board our boats. WCS represents that it is in compliance with all applicable U.S. Coast Guard regulations for required safety equipment, and maintaining the vessel in safe operating condition.

Cancellation Policy – We have a seven (7) day cancellation policy. If you cancel within seven (7) calendar days of your reservation will result in forfeiture of your deposit. If you cancel outside of seven (7) calendar days of your reservation and the deposit will be refunded less a $50.00 service fee.

Rescheduling Policy – Our rescheduling policy is very simple: If you reschedule within seven (7) calendar days of your reservation there is a $100.00 rescheduling fee. If you reschedule outside of seven (7) days of your reservation date and there is a $50.00 rescheduling fee.

We do not anticipate any trouble arising out of our charter, but in case of unforeseen or unavoidable events, we ask that you read and acknowledge the following waiver provisions:

The Client indemnifies and holds harmless Windy City Sailing Inc., Captain Vartan Charter Services and its affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns from and against any and all liabilities, losses, damages, penalties, costs and expenses on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed on the Client’s behalf. In no event will WCS be liable for any type of indirect, incidental or consequential damages, whether arising in contract or in tort, exceeding the amount paid for the charter. Further, the Client indemnifies and holds WCS/CVCS harmless against any loss, damage or expense incurred by WCS/CVCS by reason of any action or omission of the Client, its employee, agents, family, and guests. In short, if you break it, you pay for it. The Client agrees to pay and be held fiscally responsible and liable for any damage or loss (of course, excluding normal wear and tear), to the charter vessel, dock, other vessels in proximity, or WCS/CVCS property caused by the Client, or its employee, agent representative, guest, family member, or other guest of Client’s on board.

****SWIMMING IS AT YOUR OWN RISK**** Your Initials Please_______

Your signature below indicates your acknowledgement and agreement to the terms and conditions for your sailing charter with Windy City Sailing.

Agreed by ____________________________ (Charter Client) Date ____________

Expires December 30, 2016

Leave a Reply

Your email address will not be published.