IMPORTANT NOTICE TO GUESTS
PLEASE READ CAREFULLY THE TERMS OF THIS BOOKING CONTRACT.
THIS BOOKING CONTRACT CONTAINS IMPORTANT LIMITATIONS ON THE RIGHTS OF GUESTS.
THE TERMS OF THIS BOOKING CONTRACT ARE AN INTEGRAL PART OF THE CONTRACT BETWEEN GUESTS AND CAY MICHELE CHARTERS, LLC DBA ST. PETE SAIL CHARTERS.
IT IS IMPORTANT THAT YOU READ ALL TERMS OF THIS BOOKING CONTRACT.
I understand that my participation and/or involvement in or attendance at/on any cruise, activity, event, or program associated with Cay Michele Charters, LLC d/b/a St. Pete Sail Charters carries certain risks, some of which may not be reasonably foreseeable.
These risks include, but are not limited to: drowning, slips, trips, and falls, lightning strikes, equipment failure, perils of the sea, boarding and disembarking the vessel, and activities on docks. I acknowledge that harm could also result from other vessels, including encountering wakes from nearby boats.
I further acknowledge that these risks could cause harm, including bodily injury, property damage, emotional distress, mental suffering, psychological injury, sickness, or death.
I voluntarily participate in these activities, events, or programs offered by Cay Michele Charters, LLC d/b/a St. Pete Sail Charters and understand that they will not be liable for the acts or omissions of third parties, including other guests.
By signing this Release, Hold Harmless, and Limitation of Liability (“Agreement”), I agree to release from liability and hold harmless Cay Michele Charters, LLC d/b/a St. Pete Sail Charters and all of its officers, directors, employees, crew members, owners, members, managers, agents, affiliates, parents, subsidiaries, representatives, attorneys, heirs, personal representatives, successors, and assigns (collectively, “Releasees”) from any and all liability, losses, claims, damages, costs, expenses, or causes of action of any kind, including negligence, sickness, injury, property damage, theft, or wrongful death, arising out of my participation in any cruise or related activity, whether caused by the active or passive negligence of Releasees or otherwise.
This Agreement is intended to be as broad and inclusive as permitted by law.
By participating in or attending any cruise, activity, event, or program associated with Cay Michele Charters, LLC d/b/a St. Pete Sail Charters, I acknowledge that photos and/or videos may be taken.
I authorize Cay Michele Charters, LLC d/b/a St. Pete Sail Charters to use these images for promotional purposes, including on websites and social media platforms.
I understand and acknowledge that Cay Michele Charters, LLC d/b/a St. Pete Sail Charters reserves the right to refuse service or remove guests from a vessel, event, or premises at any time if, in the company’s sole discretion, it is necessary for:
Safety reasons,
Disruptive, unsafe, or inappropriate behavior, or
Threats to the safety, comfort, or good order of other guests or crew members.
For the safety of all guests and crew, all persons and belongings (including purses, handbags, and backpacks) are subject to search before boarding a Cay Michele Charters, LLC d/b/a St. Pete Sail Charters vessel.
The company reserves the right to refuse boarding or remove any bag or item, and to handle unattended property as deemed necessary for safety.
The use of controlled substances, including smoking, vaping, or ingesting marijuana, is strictly prohibited at all times.
Cay Michele Charters, LLC d/b/a St. Pete Sail Charters retains all statutory limitations of and exemptions from liability available to vessel owners and tour operators, including those provided in 46 United States Code App. Sections 30501 – 30511.
By signing this Agreement, I acknowledge that in the event of injury, illness, death, or property loss, Cay Michele Charters, LLC d/b/a St. Pete Sail Charters will not be liable for damages unless caused by St. Pete Sail Charters’ willful fault.
St. Pete Sail Charters disclaims liability for emotional distress, mental suffering, or psychological injury not intentionally inflicted by a crewmember, manager, agent, master, owner, or operator of the vessel.
In no event will St. Pete Sail Charters be liable for consequential, incidental, exemplary, or punitive damages. The company assumes no liability for the acts or omissions of third parties.
To the maximum extent permitted by law, I agree not to sue or bring any claims in any court or agency against Cay Michele Charters, LLC d/b/a St. Pete Sail Charters arising out of or attributable to the cruise or this Agreement.
Under 46 United States Code Section 30508, which allows a ship owner to limit the time during which a passenger may file a claim, I acknowledge that:
For loss of life or bodily injury:
Written notice of claim must be delivered to Cay Michele Charters, LLC d/b/a St. Pete Sail Charters within six (6) months of the incident.
The lawsuit must be commenced within one (1) year after the date of death or injury.
Valid service of the lawsuit must be made within thirty (30) days following the expiration of that one-year period.
For all other claims (property loss, breach of contract, illness, etc.):
Written notice must be provided within thirty (30) days after the conclusion of the cruise.
The lawsuit must be commenced within one (1) year after the cruise ends.
Valid service must occur within thirty (30) days after that one-year period expires.
For claims involving a minor or legally incompetent person, these periods begin to run on the earlier of:
(i) the appointment of a legal representative, or
(ii) three (3) years after the date of death, injury, or damage.
The words “execution,” “signed,” and “signature” include electronic signatures or electronic recordkeeping, which have the same legal validity and effect as manually signed documents, in accordance with Section 668.50, Florida Statutes and the Uniform Electronic Transactions Act (UETA).
