Waiver and Questionnaire

GS Charters is pleased to provide you and your guests an unforgettable sailing day on San Francisco Bay

 

Other Charter Guests/Passengers (GS Charters reserves the right to request all passengers read and sign this Charter Agreement): ______________________________________________________________________

Check out the weather ahead of time and dress for the occasion by bringing extra, comfortable clothing, and rain gear if needed. We recommend wearing rubber-soled shoes, sneakers or deck shoes, and a jacket. Comfortable clothing on San Francisco Bay can vary from shorts and T shirts to fleece insulated jackets and wool caps all in the same day depending on location.

We encourage people of all ages to come aboard and enjoy the thrill of sailing. Children under 13 must wear life jackets at all times. You may bring your own or we can provide them.

We will do our best to ensure that all charters meet your expectations from the scheduled time of departure to arrival back at the dock.  We will honor any client request for a delayed departure or early return as long as it does not affect other scheduled charters. 

Weather is part of the sailing experience – both the good and bad days. We must respect Mother Nature and we will not put anyone in danger. Rick Niles (the Captain) makes the final determination whether or not to sail. Rick Niles and GS Charters has no liability or responsibility for delays, cancellations or failure to furnish services when caused by Acts of God, inclement weather, rough seas, storm warnings, lightening, thunderstorms, heavy fog, very strong winds, government orders, legal prohibitions, third-party interferences, or any other causes beyond our control. Cancelled charters will be rescheduled or money refunded. 

In addition, the Captain may exercise good judgment and discretion to cancel any charter without refund for any of the following reasons: passengers over-intoxicated, unconsciousness, aggravation of previous injury, illegal drug use, unruly or reckless behavior, perceived risk or threat to the operation of the boat or to others, criminal act or violation of local law and boating regulations, or behavior that distracts the Captain or Crew from their duties.

 While the Captain is responsible for all matters relating to the navigation, operation and maintenance of the vessel during the charter, passengers are ultimately responsible and liable for their own safety, baggage, personal belongings, and activities during and immediately following the sailing trip including diving off the boat, fishing or swimming. 

( It is rare that anyone wants to dive into San Francisco Bay) The Captain will ensure that any persons on board comply with applicable laws and boating rules. 

 Without exception, firearms, knives, explosives, contraband, illegal drugs, and escaped felons are prohibited by GS Charters and will not be allowed on board our boats. GS Charters and Rick Niles represents that he is in compliance with all applicable U.S. Coast Guard regulations for required safety equipment, and maintaining the vessel in safe operating condition.

We do not anticipate any trouble arising out of our charter, but in case of unforeseen or unavoidable events, we ask that you read and acknowledge the following waiver provisions:

The Client understands that sailing involves inherit risks and indemnifies and holds harmless Rick Niles his affiliates and all of their officers, directors, employees, legal representatives and other agents, successors and assigns from and against any and all liabilities, losses, damages, penalties, costs and expenses on account of any claim, suit, action, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties as a result of the services performed on the Client’s behalf. In no event will Rick Niles be liable for any type of indirect, incidental or consequential damages, whether arising in contract or in tort, exceeding the amount paid for the charter. Further, the Client indemnifies and holds Rick Niles harmless against any loss, damage or expense incurred by GS Charters by reason of any action or omission of the Client, its employee, agents, family, and guests. Client understands that Covid19 is an extremely infectious disease and that while the captain will endeavor to sanitize surfaces and maintain distance, that disease transmission during a sailing trip is possible and I /we agree to hold the captain and GS charters harmless in the event of disease contraction. The Client agrees to pay and be held fiscally responsible and liable for any damage or loss (of course, excluding normal wear and tear), to the charter vessel, dock, other vessels in proximity, or GS Charters property caused by the Client, or its employee, agent representative, guest, family member, or other guest of Client’s on board.

****SWIMMING IS AT YOUR OWN RISK****