Release of liability/safety requirements/cancellation policy
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This online document serves as the basis of your acceptance and understanding of the liabilities involved on boarding a boat or vessel docked at the marina as well as the safety protocols that are in place for all Guests safety and security. By checking the box, I or WE, the Guest(s) acknowledge this policy out of our own volition.
1. I UNDERSTAND THAT THERE ARE INHERENT RISKS involved with being on a Boat Marina, walking the docks, entering the slip of a boat, boarding, or disembarking the boat, but not limited also to equipment failure, perils of the Sea, adverse weather conditions, acts of other participants or guests, moving between decks, sunburn, dehydration, or activities on the dock or slip, or collision, or grounding, which may be a part of my Culinary Experience. I HEREBY ASSUME ALL SUCH RISKS MENTIONED UNEQUIVOCALLY.
2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THE SAFETY OF THOSE FOR WHOM I HAVE BROUGHT AS PART OF MY BOOKING OF MY CULINARY EXPERIENCE, AND I AGREE TO DO SO. While the Culinary Experience event is underway, I will supervise, and ensure the safety of the children under 16 years of age, at all times, and not to wander off on their own unattended.
3. I assert that I am physically fit to board any participating boat that is booked for the Culinary Experience event. I further assert, that I am able to engage in such Culinary Experience activity without any impediment and will not hold the vessel, the Owner of the vessel, the Marina, the Marina Associates, www.daijiyachtclub.com, its employees, sub-contractors, chefs, and associated personnel responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while I am moving on the Marina or on the slip, on a vessel moving about, or boarding or disembarking a vessel.
4. I acknowledge that I have been instructed, thus far, as to what behavior is required of me and the violation of the instructions, or any part of it, is a breach of appropriate behavior necessary to ensure good conduct. Therefore, I EXPRESSLY ASSUME ALL RISKS.
5. I agree to ALL TIMES follow the instructions of the Boat Owner, when present, or a Captain when present, or a Chef Manager when present, or www.daijiyachtclub.com Manager when present, during emergency procedures or when there is imminent danger.
6. If I become distressed, or I observe one of the Guests’ showing signs of distress, I will notify the person in charge of the Culinary Experience event immediately.
7. If drinking alcoholic beverages, I certify that I am at least 21 years old, and agree to abide by the United States Laws that prohibit under-age (21) drinking. I further attest that I will enjoy alcoholic beverages moderately and consume them in a responsible manner that does not promote inebriation or drunkenness. Be advised that the Culinary Experience event will be halted should Guest(s) engage in excessive drinking, inebriation, or signs of drunkenness where the safety and security of the Guest(s) is compromised. The Culinary Experience at this point is non-refundable.
8. I fully understand that the boat or vessel has no medical facilities and that in the event of illness of injury, appropriate medical care must be summoned by radio or telephone, and the treatment mat be delayed until I can be transported to a proper medical facility. I AGREE IN ADVANCE TO THESE CONDITIONS.
9. I understand that while I am on a boat or vessel removing articles of clothing, nude sunbathing, entering the water whether intoxicated or not, is strictly prohibited whilst attending a Culinary Experience event and will lead to the termination of the aforesaid event where payment is non-refundable.
10. www.daijiyachtclub.com have made no representation to me, implied or otherwise, that they, their sub-contracted Chefs, employees, managers, Boat Owner, Marina Management & Associates or personnel will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, or I would like assistance, I would not hold the aforesaid entities, their crew, their employees, guests responsible for their actions in attempting the performance of rescue or first aid.
11. I AGREE TO FOREVER DISCHARGE AND RELEASE:
a) www.daijiyachtclub.com, ITS EMPLOYEES AND AGENTS, THE BOAT OWNER, MARINA, MARINA MANAGEMENT AND ITS EMPLOYEES, AND AFFILIATES, WHETHER NAMED OR NOT
b) THE MARINA IN WHICH www.daijiyachtclub.com BOATS AND VESSELS ARE DOCKED, THE MARINA EMPLOYEES & ASSOCIATES, MANAGEMENT, AGENTS AND AFFILIATES, WHETHER NAMED OR NOT. AND TO HOLD THESE PARTIES HARMLESS FROM ANY OR ALL RESPONSIBILITY OR LIABILITY FOR ANY OR ALLPERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH. I ASSUME ALL RISKS whist participating in the Culinary Experience events or activities, but not limited to, being on the Marina, on the Boat, on the Docks, on the Slips and the organization of the activity of the Culinary Experience.
I agree not to make a claim against or sue any of the above parties for injuries or damages whether they arise from any NEGLIGENCE or other liability, even in cases of GROSS NEGLIGENCE.
12. I further agree on behalf of myself, my heirs, and assigns, to indemnify and hold harmless the released parties for any, and all causes of action arising, as a consequence of any incident, which might occur as a result consequence of my participation in any activities with or involving the released parties.
13. I HAVE CAREFULLY READ THIS AGREEMENT, AND I FULLY UNDERSTAND ITS CONTENTS. I SIGN THIS OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
14. This document constitutes the final and entire agreement between Released Parties and the Undersigned who acknowledges by checking the box. There are NO WARRANTIES, EXPRESSED OR IMPLIED, which extend beyond the description of the activity listed on this form.
THIS IS A COMPLETE RELEASE OF LIABILITY AND LEGALLY BINDING CONTRACT.
15. This is also to certify also that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Releases.
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Guests must be aware that being on board a boat, or a vessel, holds additional hazards, including the fact that you are in a vessel on water. Certain vessel safety protocols and requirements must be followed for your safety.
Your safety and the safety of your Guests are of paramount importance to us, so please follow the Boat Owner Vessel Safety Requirements by reading and thoroughly understanding them. The Boat Owner Vessel Safety Requirements form the basis for the rules Guests are required to observe and follow once you board any boat, or vessel, operated by www.daijiyachtclub.com.
□ Warning Signs:
◦ Please pay regards to all Warning Signs on the Marina and aboard the boat within the Marina
□ Entering & Exiting the Boat:
◦ Only enter or exit the boat via the Swim Platform at the Aft Deck, or Dock Steps provided by the boat
owner for Side Entry, as indicated by your Host Chef or Boat Owner Representative
◦ Jumping from any deck to the slip is prohibited
◦ While entering or exiting, always use the hand-hold
◦ The boat, or vessel, have Escape Hatches in the ceiling. Please only use them in case of emergency or
when indicated to do so
□ Decks
◦ The deck of a boat, or vessel, can be very slippery when wet. Always walk with caution in these areas
◦ For safety and comfort, it is recommended that you wear non-slip rubber soled footwear whenever
You go onto these decks
◦ When moving about the boat, please use the handrails for support and balance
◦ Use caution when walking on the slips and piers of the Marina, as they too can be slippery when wet
□ Ladders
° Ladders on a boat can be very steep. Always ascend or descend the ladder slowly, ensuring your
foothold on each rung before moving to the next
◦ When using ladders to enter or exit a boat exercise the same caution to prevent falls and injury
□ Boat Controls & Equipment
◦ Please do not touch, nor allow children to play with the boat controls. The control station is “live”,
meaning it is fully functional and must not be tampered, played or touched with where it could get
damaged
◦ Do not touch or play with the Anchor or Anchor chain
◦ Do not tamper with the ropes or lifelines securing the boat to the deck or to the dock
◦ Do not turn on electrical equipment, lights, or appliances. Ask the Host Chef to do this for you
□ Engines:
◦ Only the Boat Owner, Captain, or an authorized Crew Member may start the engine
◦ Unless you have been given the authority to do so, DO NOT attempt to start the engines
◦ The Engine Room is OFF LIMITS at all times
□ Switchboard:
◦ The switches and circuit-breakers for your Culinary Experience event, while aboard the boat, have
been selected for your comfort and safety. If you require any other system to be turned on, please
let your Host Chef know
□ Smoking:
◦ Smoking is not permitted aboard any boat, or vessel, for safety reasons.
□ Business hours:
◦ All participating marinas close by 9pm local time strictly unless specified otherwise by staffs of www.daijiyachtclub.com or the marinas and all guests must exit vessel and marina by the time.
□ Personal Flotation Device (PFD):
◦ All participating boats are equipped with PFD for Guest safety. You will receive a short demonstration
on how to don a PFD in the event of an emergency if it is necessary to do so
◦ In the event of an emergency where there is a need to evacuate the boat, please follow the directions
of the Chef Host
□ Fire Extinguishers:
◦ Do not play with or tamper with the Fire Extinguishers in the boat. There may be several of them. They
are required by law in the event a fire breaks out and needs to be extinguished
◦ Please pay attention to the location of the Fire Extinguishers as they will be pointed out to You
□ DO NOT ENTER:
◦ The Engine Room is strictly off-limits at all times
◦ Some cabins or staterooms may be off-limits as per Boat Owner request. Please comply!
□ Use of the HEAD:
◦ The Heads on a boat are not the same as the Waste system in a home. Certain items or articles cannot
Be flushed down the Head as they will block the sump-pumps and cause the Head to cease operation
and damage the system. This will require major repair work which will be charged to the customer.
For this reason, Chef Host will provide a Rest Room key to Guest(s) so they may use the Marina facility
◦ In the event, you have to use the boat head, please only flush the recommended toilet paper provided
by boat owner. Do not flush Kleenex, Sanitary Napkins, Tissue Paper or other articles down the head.
This will damage the Head System.
□ Power:
◦ On occasion, power may go out! Do not panic but remain calm. Usually, it may be that the extension
power cord is disconnected at the dock due to the movement of the boat in the slip. Allow the Host
Chef to ascertain and fix the issue
◦ On the occasion where a power outage occurs, and the event cancels for safety reasons, www.daijiyachtclub.com will re-schedule the event at the customer’s earliest convenient date .
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If you need to cancel, please cancel up to 7 days before the experience start time for a refund. Please note 5% cancellation fee will apply to all refunds. Cancellation within 7 days are not subject to refunds.
Processing fee will not apply when we have to cancel your reservation due to our reasons such as chef’s unavailability, system error, etc.
Fulfillment Policy
Booking is considered fulfilled and complete after all meals are served, no later than after 2 hours of experience start time.