IMPORTANT NOTICE TO GUESTS
PLEASE READ CAREFULLY THE TERMS OF THIS TICKET CONTRACT. THIS TICKET CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS. THE TERMS OF THIS TICKET CONTRACT ARE AN INTEGRAL PART OF THE CONTRACT BETWEEN GUESTS AND WANDERLUST OFFSHORE, LLC DBA SUNCOAST SAILING IT IS IMPORTANT THAT YOU READ ALL TERMS OF THIS TICKET CONTRACT.
Release, Hold Harmless, and Limitation of Liability. I understand that my participation and/or involvement in or attendance at/on any cruise, activity, event, or program associated with Wanderlust Offshore, LLC d/b/a Suncoast Sailing carries with it the potential for certain risks, some of which may not be reasonably foreseeable. I understand the potential risks include, but are not limited to, the risks of drowning, slip, trip, and fall, lightning strikes, equipment failure, perils of the sea, getting on and off the vessel, and activities on docks and acknowledge that there is a risk of harm caused by other vessels, including but not limited to encountering wake(s) from other vessels in the vicinity.
I further acknowledge that these risks could cause me, or others around me, harm, including, but not limited to, bodily injury, damage to property, emotional distress, mental suffering, psychological injury, sickness, or death. I am a willing participant in the activities, events, or programs offered in association with Wanderlust Offshore, LLC d/b/a Suncoast Sailing. I also acknowledge and understand that Wanderlust Offshore, LLC d/b/a Suncoast Sailing will not be liable to me with respect to the acts or omissions of any third party including, but not limited to, other guests.
By signing this Release, Hold Harmless and Limitation of Liability (this “Agreement”), I agree to release from liability and hold harmless Wanderlust Offshore, LLC d/b/a Suncoast Sailing along with its and their respective officers, directors, employees, crew members, owners, members, managers, agents, affiliates, parents and subsidiaries, representatives, attorneys, heirs, personal representatives, successors, and assigns (collectively, “Releasees”) from any and all liability, losses, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever including without limitation, negligence, sickness, personal injury, property damage, theft, demands, wrongful death, arising out of the my participation in or attendance at/on any cruise, activity, event or program associated with Wanderlust Offshore, LLC d/b/a Suncoast Sailing, whether caused by active or passive negligence of Releasees or otherwise, even if caused by the negligence of the Releasees. This Agreement is intended to be as broad and inclusive as is permitted by law.
Photo and Video Release. By my participation and/or involvement in or attendance at/on any cruise, activity, event, or program associated with Wanderlust Offshore LLC dba Suncoast Sailing, I acknowledge that Wanderlust Offshore, LLC d/b/a Suncoast Sailing and its respective agents may take photographs or videos of the cruise on which I am sailing or for an event that I am attending, and I hereby authorize Wanderlust Offshore, LLC d/b/a Suncoast Sailing to use those photograph(s) or video(s) on their website/other social media platform(s) and for promotional purposes.
Reservation of Right to Remove Guests. I further understand and acknowledge that Wanderlust Offshore, LLC d/b/a Suncoast Sailing reserves the right to refuse service or remove guests from a vessel, event or premises at any time is determined, in Wanderlust Offshore, LLC d/b/a Suncoast Sailing’s sole discretion, to be necessary (1) for appropriate safety reasons; (2) if a guest causes discomfort, inconvenience or annoyance to other guests, crew members or agents; or (3) if a guest’s behavior is deemed to threaten the safety or good order of other guests, employees, or crewmembers.
Baggage, Personal Property, and Prohibited Items. I further understand and acknowledge that for the safety of all Wanderlust Offshore, LLC d/b/a Suncoast Sailing crewmembers and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a Wanderlust Offshore, LLC d/b/a Suncoast Sailing vessel. Wanderlust Offshore, LLC d/b/a Suncoast Sailing reserves the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such a way as Wanderlust Offshore, LLC d/b/a Suncoast Sailing deems appropriate to ensure the safety of all guests, employees, and crewmembers.
I further understand and acknowledge that the use of controlled substances, including but not limited to smoking, vaping, or otherwise ingesting marijuana, is not permitted at any time.
Limitation of Liability. I further understand and acknowledge that Wanderlust Offshore, LLC d/b/a Suncoast Sailing retains any and all limitations of, and exemptions from, liability accorded to ship owners and tour boat operators by statute or rule of law including, without limitation, those provided in 46 United States Code App. Sections 30501 – 3051, which are United States statutes limiting the liability of vessel owners.
BY SIGNING THIS AGREEMENT, I UNDERSTAND AND ACKNOWLEDGE THAT IN THE EVENT I AM INJURED, BECOME ILL OR DIE, OR MY PROPERTY IS LOST OR DAMAGED, Wanderlust Offshore LLC dba Suncoast Sailing WILL NOT BE LIABLE TO ME FOR ANY DAMAGES UNLESS THE OCCURRENCE WAS DUE TO SUNCOAST SAILING’S WILLFUL FAULT. SUNCOAST SAILING DISCLAIMS LIABILITY TO ME UNDER ANY AND ALL CIRCUMSTANCES FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL SUFFERING, OR PSYCHOLOGICAL INJURY WHICH WAS NOT INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE SHIP. IN NO EVENT WILL SUNCOAST SAILING BE LIABLE TO ME FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES. SUNCOAST SAILING ASSUMES NO LIABILITY FOR THE ACTS AND OMISSIONS OF ANY THIRD PARTY. IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501-30511, WHICH ARE UNITED STATES STATUTES LIMITING THE LIABILITY OF VESSEL OWNERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APPS. SECTIONS 30501-30511, I, ON BEHALF OF MYSELF AND ANY AND ALL OF MY HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KIND(S) OF CLAIM(S) OR ACTION(S) IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST WANDERLUST OFFSHORE, LLC D/B/A SUNCOAST SAILING ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE CRUISE OR THE AGREEMENT.
Time Limits for Noticing Claims and Filing and Service of Lawsuits. IN ANY CASE, GOVERNED BY 46 UNITED STATES CODE SECTION 30508, WHICH IS A UNITED STATES STATUTE THAT PERMITS ANY SHIP OWNER TO LIMIT THE TIME DURING WHICH A PASSENGER MAY FILE A CLAIM OR COMMENCE SUIT AGAINST A SHIP OWNER, I UNDERSTAND AND ACKNOWLEDGE THAT I MAY NOT MAINTAIN A LAWSUIT AGAINST WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING OR THE SHIP FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING NO LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DATE OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, BREACH OF AGREEMENT, ILLNESS OR DEATH OR INJURY, NOT GOVERNED BY 46 UNITED STATES CODE SECTION 183b, I UNDERSTAND AND ACKNOWLEDGE THAT I MAY NOT MAINTAIN A LAWSUIT AGAINST WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING OR THE SHIP BE LIABLE, THEREFORE, UNLESS WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER THE CONCLUSION OF THE CRUISE, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER CONCLUSION OF THE CRUISE, AND VALID SERVICE OF THE LAWSUIT ON WANDERLUST OFFSHORE LLC DBA SUNCOAST SAILING IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF (i) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (ii) THREE (3) YEARS AFTER THE DAY OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.
Electronic Signatures. The words “execution,” “signed,” “signature,” and words of like import in this Agreement shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based record-keeping system, as the case may be, to the extent and as provided for in any applicable law, including Section 668.50 Florida Statutes and the Uniform Electronic Signatures Act (UETA).