Really Important Legal Stuff
Read This Page Carefully and Completely
Every guest must sign the Release of Liability, Waiver of Claims, Indemnity, and Assumption of Risk Agreement and the guest responsible for making the charter must sign the Charter Agreement.
Guest Scheduling and Cancellations
All reserved charters must be scheduled and paid for in-full at least 24 hours in advance of the scheduled departure time. To reserve a charter please call Captain Rod at 252.646.8110. Except at the sole discretion of AquaventuresNC LLC, there will be no refunds for any charter unless the charter is cancelled at least seven days before the scheduled departure time. Charters cancelled by the guest at least seven days before the scheduled departure time will receive a full refund.
AquaventuresNC, LLC Cancellations
Because your safety is our primary concern and responsibility, AquaventuresNC, LLC reserves the right to cancel at any time any charter if it determines in its sole discretion that weather or other conditions would put the safety of the crew or any guest in jeopardy. For example, if any named storm is threatening the area, AquaventuresNC, LLC may determine that conditions are too risky for a safe voyage. And, given that lightning strikes are a significant risk for guests and crew aboard any vessel, if AquaventuresNC, LLC determines at its sole discretion that the risk of thunderstorms is too great to warrant a voyage, then it may cancel a scheduled cruise on short notice. If AquaventuresNC, LLC elects to cancel any cruise because of safety concerns, weather related or otherwise, it will offer a full refund or the opportunity to reschedule your cruise at a mutually agreeable time and date.
Risks of Sailing, Swimming, and Boating
All outdoor activities involve some element of risk. While we will endeavor to ensure a safe voyage, we cannot and do not guarantee your safety. Sailing can be a dangerous activity. First, we do not control the weather. Lightning strikes are a significant risk, and thunderstorms can pop up at any time during the summer months in the South. Severe injury and death from a lightning strike is a real possibility anytime a person is on the water in a vessel.
Sailing takes place on the water. Given that, drowning is a significant risk for those who overestimate their abilities. While we provide lifejackets and other flotation devices, we cannot ensure that you will not overestimate your abilities. Moreover, while most of our sailing adventures are in on the Neuse River, there is the risk of encounter with dangerous marine life, including jellyfish and sharks (low risk, but present, nonetheless). Of course, we have no control over whether any guest comes in contact with potentially dangerous marine life.
Sailing takes place on a sailboat. Sailboats have abundant opportunities for bumps, slips, trips, and falls. These include narrow passageways with steep steps and ladders; wet, slick, decks; active and inactive lines (ropes); and booms and other moving equipment that can cause serious injury While we endeavor to secure lines and advise guests of the possibility of falls, we cannot ensure that you will not slip and fall, be hit by a moving boom, or trip over a hatch or a line and be injured as a result.
Most of our charters take place in the summer in the southeastern United States. Given that, there is a danger from heat, including heat exhaustion, heatstroke, and sunburn. We will provide water so that you can stay hydrated and we can provide sunscreen. However, we cannot ensure that any guest will not be overcome by heat or suffer a severe sunburn. It is up to each guest to use good judgment and common sense to avoid the dangers of exposure to heat and sun.
These are only a few examples of the risks involved in sailing. By agreeing to sail on Respite, each guest assumes all risks, known and unknown, of any and all activities undertaken during the charter, including during embarkation and disembarkation.
Each and every guest must follow all directions, instructions and requests of any crewmember. We are there for your safety, and we promise not to make unreasonable requests.
No excessive consumption of alcoholic beverages. While we want each and every guest to enjoy their time on the water, and while we understand that many guests may bring and consume alcoholic beverages, no guest may become intoxicated during the course of the charter, and no guest will be allowed on-board if any member of the crew believes the guest to be intoxicated or otherwise impaired. Excessive consumption of alcoholic beverages places guests and crew members at risk. Consequently, no guest may consume more than two alcoholic beverages per hour during any charter. If, at the sole discretion of AquaventuresNC, LLC any guest is deemed to be impaired as a result of consumption of alcoholic beverages or the use of any controlled substance, then the charter will be terminated immediately, Respite will return to her home berth, and the impaired guest and all others on that charter will be requested to disembark immediately. There will be no refunds for any charter terminated because of guest misconduct.
No Controlled Substances. Non-prescribed controlled substances are strictly prohibited on board Respite. Period. If AquaventuresNC, LLC determines at its sole discretion that any guest may be in possession of non-prescribed controlled substances, then the charter will be terminated immediately, Respite will return to her home berth, and the possessing guest and all others on that charter will be requested to disembark immediately. There will be no refunds for any charter terminated because of guest possession of non-prescribed controlled substances. And, yes this includes marijuana, the possession of which is not legal in North Carolina and is still illegal under federal law.
No Weapons-Concealed or Otherwise. No weapons of any kind may be brought aboard Respite. If you cannot be separated from your trusty sidearm or your hunting knife, then do us both a favor and stay ashore. Weapons of any kind are absolutely prohibited on board and no person carrying a weapon will be allowed to board. If the crew determines that a guest has violated this policy, then the charter will be terminated immediately, Respite will return to her home berth, and the weapon-toting guest and all others on that charter will be requested to disembark immediately. There will be no refunds for any charter terminated because of guest misconduct.
Lifejackets. Federal law requires that all children under the age of 13 wear a lifejacket on a moving boat. The only exceptions to this rule are if the child is below deck in an enclosed cabin, or if the boat is not underway. So, any child not yet 13 years of age must wear an approved personal floatation device on Respite whenever we are underway unless the child in in the enclosed cabin area.