NOTICE TO PASSENGERS AND RELEASE OF LIABILITY
Welcome Aboard The Impossible Dream!
We are very happy to have you as a guest on the Impossible Dream. This is a private sailing vessel whose mission is to bring children and adults with physical, developmental and economic challenges to the marine environment. She is not licensed to carry passengers so we cannot accept anything in exchange for your visit except your good thoughts, positive energy and love.
We ask that you agree to accept certain risks and to waive certain rights as is set out further below, and on the following pages, as any time you are on a vessel on the water there are different and greater risks than found on land including a risk of drowning if you fall off.
This vessel was specifically designed and built so that physically handicapped sailors would have the ability to sail her across oceans. As a result she has some features that need to be kept in mind at all times while you are on the vessel:
1. Always watch your head! There are a number of areas both inside and outside of the cabin where the roof canopy is lower than the heads of many people.
2. Always be mindful of lines. Many lines are routed in a manner where you may come close to them. Always watch out to make sure that you keep hands, arms, legs and feet away from all lines.
3. Always watch for sails and particularly the jibs (the forward sails). These sails may switch sides without warning.
4. If you are a non swimmer, or otherwise not comfortable with your swimming skills, ask for and wear a life preserver. If the vessel goes offshore, or the weather conditions require it, everyone on deck will be required to wear a life preserver.
5. If you are in wheelchair the vessel was made to accommodate you but you need to be careful on the side decks as you move towards the stern as there is a slope down that requires you to brake. If the vessel goes offshore and you wish to remain on deck you will also be asked to tether yourself to the vessel to meet safety and insurance requirements.
6. Please do not touch any buttons of any kind or anything else that is not known to you. Please do not cross or lean over any rails or lifelines.
7. When in doubt as to anything at any time please ask a member of the crew to help.
Please keep in mind all of these things and always exercise caution. Better safe than sorry!
RELEASE OF LIABILITY AND PROMISE NOT TO SUE,
ASSUMPTION OF RISK AND AGREEMENT TO PAY COSTS
Release of Liability: In consideration of being able to board the Impossible Dream and to participate in activities aboard the Impossible Dream (the “Vessel Activities”), on behalf of myself and my next of kin, heirs and representatives, I release from all liability, and promise not to sue, The Impossible Dream, Inc. (the company that owns the vessel) or its employees, officers, directors, shareholders, volunteers and agents (collectively the “Vessel Parties”) from any and all claims, including claims of negligence or other torts, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my participation in the Vessel Activities.
Assumption of Risk: I am voluntarily participating in the Vessel Activities. I am aware of the risks associated with participating in Vessel Activities including, but not limited to, the risks and hazards noted on the first page of this 3 page document. I understand that the risks that I accept include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and even death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; and conditions related to the operation of the vessel Impossible Dream including weather and sea conditions. Nonetheless, I assume all risks, both known or unknown to me, of my participation in the Vessel Activities.
Hold Harmless. I agree to hold the Vessel Parties harmless from any and all claims, including attorney’s fees, for damage to my person and property that may occur as a result of my participation in the Vessel Activities.
Agreement to Pay. If I need medical treatment, including but not limited to emergency medical services, relating to injuries from my participation in Vessel Activities. I agree to be fully financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
Photography Release. For valuable consideration received, I grant to The Impossible Dream, Inc. and assigns, the irrevocable and unrestricted right to use and publish photographs or other visual depictions of me, or in which I may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release The Impossible Dream, Inc. and its assigns from all claims and liability relating to said photographs or other visual depictions.
Acknowledgment. I am 18 years or older. I understand the legal consequences of signing this document, including (a) releasing the Vessel Parties from all liability, (b) promising not to sue the Vessel Parties, (c) and assuming all risks of participating in the Vessel Activities.
I agree that if any portion of this release is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this 3 page document (and state that I am fully capable of reading it in English) and I am signing it freely and voluntarily. No other representations concerning the legal effect of this document have been made to me.
If Participant is under 18 years of age or has a guardian:
I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing the Vessel Parties from all liability on my and the Participant’s behalf, (b) promising not to sue on my or the Participant’s behalf, (c) and assuming all risks of the Participant’s participation in the Vessel Activities. I specifically allow Participant to participate in the Vessel Activities. I understand that I am responsible for the obligations and acts of the Participant as described in this document. I agree to be bound by the terms of this document.
I have read this 3 page document (and state that I am fully capable of reading it in English), and I am signing it freely. No other representations concerning the legal effect of this document have been made to me.
Consent for Photography
I consent to allow the staff of Impossible Dream to take/use still photographs, digital photographs, motion pictures, television transmission, and/or videotaped recordings (hereinafter “recordings”) of me or my family for educational, research, documentary, and public relations (including social media) purposes. Any photos/videos may reveal my and/or my family’s identity without any compensation paid to me, my family, or to others. All photos and videos may be used by Impossible Dream for educational or promotional purposes and will remain the property of Impossible Dream Inc. I and /or my family hereby waive any and all present and future claims I and/or my family may have against Impossible Dream, their staff, service providers, employees, agents, affiliates, and Board members to the use of any photos/recordings taken of me and/or my family.