BOSS COURSE AGREEMENT FOR 101-114 COURSES AND SAIL CANADA BASIC/INTERMEDIATE/CATAMARAN ENDORSEMENT COURSES

RESERVATIONS & PAYMENTS

 1. An initial 50% deposit against the Course Fee is payable upon booking, and must be received within 7 days to hold the reservation.  (Bookings with 45 days of the course start date require 100% payment on booking.

2. The balance of the Course Fee and any additional costs are payable as outlined in this agreement. Failure to meet the payment schedule may result in cancellation of your participation and forfeiture of your payments.

• 50% Deposit made a time of booking
• 45 days prior to the Start Date: the final 50% is due

3. Payments can be made via Wire Transfer based on instructions provided by the BOSS Bookings team. At the base, credit card payments (Mastercard, Visa) are also accepted subject to a 5% surcharge, but at present credit cards cannot be used for online payments.

4. The Course Fee covers:

Instruction

• Before the Course, providing self-study guidance for Ashore Knowledge and Navigation components of the Certifications offered.
• Before the Course, providing guidance on acquisition of pre-requisites necessary for certification. (Active support for enabling participants to acquire those pre-requisites may be available at an additional cost.)
• During the Course, providing instruction and coaching for the Ashore Knowledge and On-water Skills component of the relevant ASA or Sail Canada Standards
• Marking written exams
• Registering certifications earned with ASA or Sail Canada subject to Certification Fees referred to in 20 and 21 of this Agreement.

Accommodation and Provisions

11. If a course has already begun and is interrupted by named tropical storm or hurricane resulting in significant lost time, BOSS undertakes best efforts to offer extra time equivalent to the lost time on a subsequent course booking.
12. A Participant may cancel a reservation and receive a full refund of amounts paid by providing notice of cancellation to BOSS at least 12 full weeks before the start date of a course.
13. If notice of cancellation is provided less then 12 full weeks before the start date of a course, the refund of amounts paid is reduced by a cancellation fee of 10% for every full or partial week less than 12 full weeks of notice. If cancelling less than 2 full weeks before a course, no refund will be available (10 weeks X 10%).
14. A Participant may postpone a reservation for a course for up to 1 year with no postponement fee by providing notice of postponement to BOSS at least 12 full weeks before the start date of a course.
15. If notice of postponement is provided less than 12 full weeks before the start date of a course, except under the defined circumstances described in 10 above, a postponement fee of 5% applies for each full or partial week less than 12 full weeks of notice. So if postponing 2 full weeks before a course, except under the defined circumstances described in 10 above, the postponement fee will be 50% of the course fee (10 weeks X 5%).
16. In all cases of postponement initiated by the participant, in the event that regular pricing for the rescheduled course is higher than the original course, the student will be responsible for paying the differential. In all cases of postponement initiated by the participant, rescheduled reservations will be confirmed only after payment of postponement fees and pricing differentials, as applicable.
17. BOSS may, without prejudice to its rights under its contract with the participant, waive cancellation or postponement fees on compassionate grounds

OBLIGATIONS

18. The Yacht on which the course is delivered is insured against fire and the usual marine risks, collision and protection and indemnity risks but, notwithstanding the other provisions hereof, guests shall indemnify BOSS in respect of the cost of any losses or damages to the yacht, her equipment or furnishings or other expenses such as shall occur by reason of negligence of a Participant, up to a maximum of $US 2,500 for any individual Participant.
19. The further obligations of Participants described in the ASA and/or SAIL CANADA and/or BOSS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“RELEASE AGREEMENT”) (appended below) that all Participants must sign prior to departure, and which is incorporated into this Agreement . You acknowledge reviewing a copy of ths RELEASE AGREEMENT  and commit to providing a signed copy prior to the Start Date of the course.

CERTIFICATION COSTS

20. Participants who meet certification requirements will be invoiced a processing fee of up to USD$50 for all certifications registered with ASA or Sail Canada.

ARBITRATION

21. Any disputes between BOSS and Participants that are not settled shall be referred to three arbitrators, one to be chosen by BOSS, one by the Participant, and the third by the two sochosen. A decision in writing by any two of these arbitrators shall be binding on both parties and the costs of the arbitration procedure shall be borne by the party which fails to prevail.

22. This agreement and the Release Agreement described in 19 constitutes the entire understanding and agreement between the parties and there are no previous or current agreements, understandings, restrictions, representations or warranties between the parties other than those set forth herein. This agreement shall extend to be binding on the parties hereto and their respective successors and assigns.

ASA and/or SAIL CANADA and/or BOSS
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”) 

IN CONSIDERATION of being permitted to participate in any way in ASA and/or SAIL CANADA and/or BOSS certified Programs (“Activity”) I, for myself, my personal representatives, assigns, heirs, and next of kin: 

1. ACKNOWLEDGE, agree, and represent that I understand the nature of Sailing Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. 

2. FULLY UNDERSTAND that: (a) SAILING ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity. 

3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ASA, ASA Certified Instructors, SAIL CANADA, SAIL CANADA Certified Instructors, BOSS, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS WAIVER AND RELEASE WILL BE INTERPRETED AND ENFORCED PURSUANT TO APPLICABLE CALIFORNIA OR CANADIAN LAW OR SAINT VINCENT LAW.

PRINTED NAME OF PARTICIPANT: 

ADDRESS:

(Street)          (City)           (State/Prov)       (Postal Code)  (Country)

PHONE:__________________      DATE: ________________

EMAIL:____________________________________________

PARTICIPANT’S SIGNATURE (only if age 18 or over): 

MINOR RELEASE 

AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF SAILING ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. 

PRINTED NAME OF PARENT / GUARDIAN:

PARENT/GUARDIAN SIGNATURE:   (only if participant is under the age of 18): 

PHONE:__________________      DATE: ________________

EMAIL:____________________________________________