This agreement applies to all sailors and other participants, whether paying a fee or not, (collectively, “Guests”) in operations and programs operated (a) by The Courageous Sailing Center of Boston, Inc. (“Courageous”) or (b) on property owned or controlled by Courageous (collectively, “Operations”). As a precondition for any Guests to participate in the Operations, each Guests must (a) assume all risks of harm from their participation, (b) hold harmless and indemnify Courageous for all damage caused by their participation (c) release Courageous from any and all damage to themselves resulting from their participation in the Operations and (d) otherwise agree to abide by the terms and conditions of this agreement. This agreement remains in full force and effect from the date it is signed until it is superseded by a new written agreement created by Courageous and signed by Guests or other written agreement signed by an authorized representative of Courageous.
Boating is an inherently dangerous activity. Guests assume all risk associated with their activities while at Courageous, while sailing in a Courageous boat and during any Courageous program or event. Guests assume full responsibility for themselves and those with whom they boat. Do not boat if you are not comfortable with any other person in your boat or if you are not willing to be fully responsible for damage to yourself, to your boat or other boats, or to other people.
2. Assumption of Risk & General Release
Guest hereby acknowledges that serious accidents may occur during boating or other activities connected with the Operations and that mortal or serious personal injuries and/or property damage or other loss may result from participation in the Operations. Guests knowingly assume all risks of participation in the Operations, including all risk of personal injury and loss of or damage to the Guest or their property, including further injury sustained as the result of the efforts of persons who come to the aid of Guest(s) if Injured as a result of participation in the Operations, and hereby release all other persons and entities mentioned above who might otherwise be liable to Guest.
In consideration of Guest being permitted to participate in the Courageous Operations, Guest, on behalf of themselves and their heirs, executors, administrators, personal representatives and next of kin, agrees to assume all of the risks and responsibilities of participation and hereby releases, waives, discharges, holds harmless, covenants not to sue and covenants to indemnify Courageous Sailing Center of Boston, Inc., the City of Boston, the Boston Parks and Recreation Department, the Boston Redevelopment Authority, US Sailing and their collective board members, trustees, agents, officers, employees, volunteers and contractors and all other persons associated with Courageous Operations (collectively, “Released Parties”), with respect to any and all liability for any harm, injury, damage, cost or expense of any nature whatsoever, including but not limited to suffering and death, with Guest may incur, regardless of the cause, while participating in, or in transit to or from, the Courageous Operations.
This release is intended to discharge each released party from any and all liability arising out of or connected in any way with releasor’s participation in the operations if that liability arises out of negligence or carelessness on the part of any released party.
All memberships are non-transferable and for personal, non-commercial use only. Memberships run from May 1 through October 31 unless otherwise specified (e.g., monthly memberships, frostbiting memberships, racing memberships, etc.).
Membership fees are not refundable, including for reasons due to injury or otherwise inability to make use of the membership. Boats are available on a first-come, first-served basis. Reservations are strongly recommended (by close of business the day before). Most boats are reserved on weekdays in July and August from 9:00 am – 3:30 pm for our youth sailing program and may be reserved at other times by Courageous for other purposes (e.g., events and courses). Memberships remain in effect and running continuously whenever Courageous operations are interrupted due to storms, fires, disasters and other circumstances. Courageous may substitute substantially similar boats to those described at any time.
Safety Obligations of Boating Guests: Guests must operate and navigate Courageous boats safely and with good judgment. Additionally, Guests agree to:
- Complete an orientation session before boating or boat with someone who has completed the orientation (once per season);
- Complete and pass both a written and an on-the-water boating evaluation before boating or boat with someone who has completed the sailing orientation;
- Adhere to any restrictions imposed by Courageous staff at any time (both individual restrictions based on a skill and experience level, or general restrictions on the fleet due to weather or other circumstances);
- Operate boats only in designated areas (varies by boat, qualifications and other circumstances);
- Be aware of and tides, weather (present and forecasted) and time of sunset before leaving the dock;
- If boating beyond the Inner Harbor (not permitted without written permission of Courageous), submit a written float plan that accounts for conditions and itinerary;
- Complete and sign the Courageous boat inventory/repair/ safety check-list both before and after sailing (never leave the dock before submitting the checklist to Courageous Staff at the front desk);
- Notify Courageous immediately of any damage or loss that occurs before, during or after use of an assigned boat;
- Never leave the dock without all designated safety equipment (anchor, paddle, pump, type 4 throwable pfd, VHF radio or mobile phone, etc.);
- Only use assigned and properly checked out boats;
- Always wear a correctly fitting, secured and USCG approved personal flotation device when boating and be responsible for ensuring that all other boaters on your boat do the same;
- Have everyone on board wear proper boating footwear (enclosed toe, non-marking soles);
- Operate boats only in designated areas (varies by boat, qualifications and other circumstances);
- Always have and use appropriate nautical charts, VHF radio and mobile phone when traveling beyond the Inner Harbor (not permitted without written permission of Courageous);
- Always maintain a proper lookout for other vessels;
- Ensure boats are returned in clean condition and properly de-rigged and tied down to the Courageous dock by sunset;
- Not consume alcoholic beverages or controlled substances before or while operating Courageous boats;
- Not possess illegal substances at any time on Courageous property;
- Follow all Courageous rules and policies;
- Follow the current Coast Guard Navigation Rules and operate boats in compliance with all applicable local, state and federal laws and regulations;
- Only boat when they are in good physical health and are physically able to perform the type of effort needed for boating;
- Must not boat with other boaters unless those boaters are willing to accept all obligations in this agreement
Participating in racing increases the risk of damage and injury. Guests remain responsible for all such damage according to the terms of this agreement and agree to abide by the applicable Sailing Instructions and Notice of Race in the determination of any such liability. In the event, that no such Sailing Instructions or Notice of Race exists, then Courageous’ standard forms shall apply (available from the Courageous Staff).
All advanced racing series require that Guests agree in advance to pay for any damage incurred during such racing (parts and labor) as determined by courageous staff in their reasonable judgment with respect to liability and costs. Courageous may, in its discretion, also require Guests to sign additional documentation or require Guests to leave a deposit or authority to charge the Guest’s credit card with respect to the same.
6. Running Expenses
Guests are responsible for all running expenses during boating including, but not limited to, fuel, telephone, food, port charges and provisions. Guests are responsible for all disposable items and their proper disposal.
7. Responsibility for Injuries & Damages
Generally: Guests are liable for all injuries and damages caused by or to Courageous boats and equipment while they are in the boat, including costs relating to helmsmen or crew error or negligence. The cost of damages includes Courageous’ actual costs for parts, materials and labor and any third party charges incurred.
Damage Waiver: Guests who do not purchase the damage waiver are responsible for all repair and replacement costs and services associated with their operation of Courageous boats. Guests who purchase the optional damage waiver are released from financial responsibility for physical damage to Courageous boats (only) while in their care and custody so long as it is not caused by the Guest’s negligence or intentional conduct, violation of this agreement, failure to stay clear of other boats and obstacles, or running aground. No waiver of damage liability shall be effective until the damage waiver payment is received. Please note that the damage waiver does not waive financial responsibility for damage or injury to other boats, property or people, towing services or lost equipment.
8. Choice of Law, Forum
This Release shall be interpreted under and governed by the laws of the Commonwealth of Massachusetts. If any provision of this Release is deemed so broad as to be unenforceable, such provision shall be interpreted to be so broad as is enforceable. All disputes which arise out of this agreement shall be adjudicated in courts of competent jurisdiction located in the Commonwealth of Massachusetts.
9. Photo and Video Release
Guest gives Courageous permission to use photographs and videos taken while operating Courageous boats or participating in Courageous activities in print or electronic formats in its promotional materials, included the right to copy, modify and to make derivative works.
10. US Sailing
All US Sailing courses are provided in accordance with existing standards. Completion of a course or issuance of a US Sailing certification shall not be used as certification that a student is adequately prepared to embark on any specific sailing excursion. Additional US Sailing fee required to receive certification. All terms and conditions of this agreement and Courageous rules and policies are subject to change. The current forms will be posted in the Courageous Boathouse.
Monday - Friday: Noon - Sunset.
Saturday, Sunday and Federal Holidays: 10 am – Sunset
Boats must be returned to the dock, properly tied down, de-rigged and cleaned before sunset.
Failure to abide by these terms and conditions may result in the suspension or termination of memberships without refund.