TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE
THIS CONTRACT OF CARRIAGE IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST’S RESPONSIBLE ADULT. IT IS ISSUED BY CARRIER RUNNING FREE, INC. BASED ON THE GUEST’S ACCEPTANCE, INDIVIDUALLY OR THROUGH GUEST’S RESPONSIBLE ADULT, BY PURCHASING TICKETS OR BOARDING THE S/V WOODWIND OR S/V WOODWIND II, ALWAYS SUBJECT TO THE TERMS AND CONDITIONS SET OUT THEREIN. THE GUEST AND RESPONSIBLE ADULT SHOULD PAY SPECIAL ATTENTION TO CLAUSES 15, 16, AND 17 INCLUSIVE WHICH MAY LIMIT THE RIGHTS OF GUEST AND EXCULPATE FROM LIABILITY THE CARRIER, THE VESSELS AND ANY OF THEIR AGENTS, EMPLOYEES OR CONTRACTORS.
For valuable consideration it is mutually agreed between Running Free, Inc. and Guest, as follows:
- This Carriage Contract is issued by Running Free. Inc.
- Guest accepts this Contract of Carriage subject to all the terms, conditions, limitations, exceptions and provisions contained herein and the same constitutes a Contract of Carriage.
- The use of the masculine herein shall be deemed to include the feminine and the use of the singular shall be deemed to include the plural where the context would so require.
- The Contract of Carriage shall be deemed to be an undertaking and acknowledgement by Guest, on behalf of himself and all other persons traveling under this Contract of Carriage, and his and their heirs and representatives, that he and they accept and agree to all the terms and conditions herein.
- (a) The word “Guest” means all passengers (adult, minor or incompetent person) traveling under this Contract of Carriage and each such passenger’s heirs and representatives, including a Responsible Adult.
(b) The word “Carrier” means Running Free, Inc., and the Vessels S/V Woodwind and S/V Woodwind II (or a substitute vessel).
(c) The word “Vessel” means the S/V Woodwind and/or the S/V Woodwind II (or a substitute vessel).
(d) The word “Master” means the Captain or his delegated subordinate on any vessel provided by Carrier on which the Guest may be traveling.
(e) The term “Responsible Adult” means the parent or guardian of a minor child under the age of 18, any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardian’s minor child under the age of 18, or the guardian or other legal representative of a person that is not competent to contract. A Responsible Adult enters into this Cruise Contract individually and on behalf of the Responsible Adult’s minor child or ward.
(f) The word “Voyage” means the cruise the Guest has contracted to embark on the S/V Woodwind, S/V Woodwind II, or a substitute vessel.
- Any minor Guest under age 18 and persons not competent to contract must be identified to the Carrier at the time of booking and must be accompanied on the cruise by a Responsible Adult. This Cruise Contract constitutes a binding contract between the Carrier and the Responsible Adult, who contracts as an individual and on behalf of the minor Guest or other person not competent to contract.
- The Carrier shall not issue refunds for any reason, except that refunds or vouchers for free travel on a future voyage may be available if the voyage is cancelled by Carrier due to weather or mechanical issues. If Carrier cancels the voyage due to either of these issues, Guest’s limited remedy shall not exceed the ticket price for tickets already purchased and fully paid, or a voucher for free passage on a future cruise of similar time and duration, each remedy to the exclusion of any incidental or consequential damages incurred by Guest as a result of cancellation.
- Carrier’s Cancellation of Cruise due to Weather Policy is as follows:
- The voyage or cruise will be cancelled due to weather only if, in the professional opinion of the Vessel’s Captain, weather conditions at the time of scheduled departure would create a high likelihood of injury to passengers on board the Vessel or the Vessel itself, if the Vessel were to depart.
- No single weather element will be conclusive as to the Captain’s opinion of whether to cancel the voyage due to inclement weather, however the following may be considered as guidelines in the Captain’s decision:
- Sustained wind speeds of greater than 40 knots in the Severn River or Annapolis Harbor;
- Carrier’s Cancellation of Voyage due to Mechanical Issues is as follows:
- The voyage or cruise will be cancelled due to mechanical issues only if, in the professional opinion of the Vessel’s Captain, the Vessel cannot safely depart, return to the dock, and/or navigate due to mechanical failure on board the Vessel.
- A voyage may be terminated early, and the Captain may direct the Vessel back to the dock before the scheduled return time, if in the Captain’s professional opinion imminent inclement weather or mechanical failure merits returning to the dock early in the interests of Guests’ safety. In determining whether to return to the dock early due to inclement weather, the Captain will consider the guidelines described in Section 8 above. In determining whether to return to the dock early due to mechanical failure, the Captain will consider if continuing the voyage is likely to exacerbate the mechanical failure or delaying will otherwise impact the safe docking of the Vessel. For any voyage scheduled for a specified period of time, no refunds or vouchers for future voyages will be given for early termination of the cruise unless the total round-trip duration of the voyage, measured from the first passenger boarding to the last passenger disembarking, is less than 40% of the duration scheduled for the voyage. E.g., if a voyage is scheduled for two hours of duration, no refunds will be provided unless the actual duration of the voyage after termination was less than 48 minutes. Guest’s limited remedy in this event shall be a full refund of ticket price for tickets already purchased and paid for, or a voucher for free passage on a future cruise of similar time and duration, to the exclusion of any incidental or consequential damages incurred by Guest as a result of cancellation
- The Carrier shall in no event be liable for the loss of or damage to cash, negotiable securities or other financial instruments, gold, silverware, jewelry, ornaments, works of art, photographic/video/audio equipment or supplies, laptop computers, cellular phones or other valuables owned by Guest which are lost or damaged in the course of the voyage.
- By boarding the Vessel, Guests represent themselves as physically and otherwise fit to undergo the voyage. Please consult your personal physician prior to your voyage to determine if you if the voyage is safe given your physical and medical needs. The Guest warrants that he and those traveling with him are physically and emotionally fit to travel at the time of embarkation, and further certifies that such Guests have no medical or emotional condition that would endanger any Guest or others. Any Guest with special medical, physical or other needs requiring medical attention or special accommodation during the voyage is requested to notify Running Free, Inc. at the time of booking of such special need.
- Guest agrees during the course of the voyage to follow the directions of the Vessel’s Captain and Crew. Guest agrees that the Carrier is not responsible or liable for, and Guest agrees to indemnify Carrier for, any personal injuries or property damage caused as a result of Guest failing to observe any safety regulation of the Vessel or any safety instructions given by the Captain and Crew, including, but not limited to, injuries or damages related or caused by the following:
- Failure to wear appropriate rubber-soled shoes on the Vessel.
- Sitting, standing, or laying on the Vessel’s life jacket boxes.
- Standing or failing to keep seated when the Vessel “tacks” or “jibes” and the Vessel’s booms transit from one side of the Vessel to the other.
- Failing to ascend or descend the Vessel’s companionway ladder in the appropriate manner, namely by facing aft (the rear of the Vessel) and holding on with both hands while ascending and descending.
- Transiting forward of the Vessel’s foremast, as indicated by two white ropes preventing guests from transiting that area.
- Sitting on or leaning over the Vessel’s lifelines.
- Each Guest grants Running Free, Inc. the exclusive right to include photographic, video and other visual portrayals of Guest in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Guest, and all rights, title and interest therein shall be Running Free, Inc.’s sole property, free from any claims by Guest or any person deriving any rights or interest from Guest. Each Guest understands and agrees that the Captain or Crew may photograph Guest, and that those photos may be processed, displayed and sold, unless Guest notifies Running Free, Inc. in writing of Guest’s desire not to have Guest’s likeness used in such manner.
- IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST THE CARRIER AND/OR THE VESSEL FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS—
(a) THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;
(b) THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR
(c) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.
GUEST AGREES THAT RUNNING FREE, INC. SHALL NOT BE HELD VICARIOUSLY LIABLE FOR THE INTENTIONAL OR NEGLIGENT ACTS OF ANY PERSONS NOT EMPLOYED BY RUNNING FREE, INC., NOR FOR ANY INTENTIONAL OR NEGLIGENT ACTS OF RUNNING FREE, INC’S EMPLOYEES COMMITTED WHILE OFF DUTY OR OUTSIDE THE COURSE AND SCOPE OF THEIR EMPLOYMENT.
- NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER OR THE VESSEL FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO THE CARRIER AT ITS OFFICE AT 1930-A LINCOLN DRIVE, ANNAPOLIS, MARYLAND 21401, SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED, AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.
- IT IS AGREED BY AND BETWEEN GUEST AND CARRIER THAT ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, ARISING OUT OF, OR RELATING TO THIS CRUISE CONTRACT SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE ANY COURT OF COMPETENT JURISDICTION LOCATED IN ANNE ARUNDEL COUNTY, MARYLAND, OR THE UNITED STATES DISTRICT COURT, DISTRICT OF MARYLAND, TO THE EXCLUSION OF COURTS LOCATED IN ANY OTHER COUNTY, DISTRICT, STATE, COUNTRY, TERRITORY OR POSSESSION.
The Guest acknowledges that he/she/they understand(s) that the State of Maryland is currently in a state of emergency with regard to the viral outbreak caused by COVID 19 and that the state of emergency places restrictions on vessel operation in Maryland waters. Furthermore, the Guest is aware of the dangers and risks posed by COVID 19 to self and other individuals, including but not limited to hospitalization and even death. The guest, hereby assumes all risk in regard to COVID 19, and shall hold [Running Free] and its subsidiaries, employees, agents, etc., harmless from liability for any injury, including acts of negligence by [Running Free] and its subsidiaries, employees, agents, etc., to the undersigned related to COVID 19 or any complications therefrom.
The Guest warrants that he/she/they have read all applicable guidance, though not an exhaustive list, issued by the Maryland Governor’s Office, Maryland Department of Health, Maryland Department of Natural Resources, and/or the Center for Disease Control, along with any material provided by [Running Free]. The Guest shall indemnify and hold harmless [Running Free] and its subsidiaries, employees, agents, etc., from any and all claims, including those by any third party, in regard to COVID 19, which may arise from the use of the Vessel, including reasonable costs and attorney’s fees, and agrees to reimburse [Running Free] any and all costs, fines, citations issued against the Vessel and/or [Running Free] and its subsidiaries, employees, agents, etc., by any government entity, for the use of the Vessel by the Guest.
The Guest hereby pledges to follow all regulations that maybe promulgated for the safe use of the Vessel, by the United States Coast Guard, Maryland Department of Natural Resources, Maryland Governor’s Office, Maryland Department of Health, and/or the Center for Disease Control, including but not limited to the Face Mask Order of April 15, 2020.