PARTICIPANT AGREEMENT
Dear Participant(s),
Our work would not be possible without a covenant of trust between you and us, the staff and crew members of the Foundation for Underway Experiential Learning (FUEL) d/b/a Martha's Vineyard Ocean Academy.
By enrolling to sail with us, you will be asking us to care for your personal physical and emotional needs while at the same time creating a safe, nurturing shipboard community and providing fun and appropriate challenges and adventures on the boat, the water, and any islands we may explore. During your time with us, you will be living in close quarters on a moving sailing vessel, walking barefoot, working with tools, climbing, jumping into the ocean, rowing and sailing, carrying heavy loads, and living in the elements – all with the possibility of getting overheated or cold, sunburned, bruised, or soaking wet, and much more. Our job is to be well prepared to do all we can to protect and take care of all our students. Thus we work year-round to prepare our vessel and crew, purchase and maintain the highest quality of safety and adventure equipment, plan, prepare, and pack nourishing delicious meals, and constantly update our emergency medical training and technical maritime skills.
In return, we ask for your trust and cooperation as our most important partners in this work. By signing this agreement:
(1) you agree to participate in this program, and you acknowledge that you have been informed about the planned activities and the potential risks involved.
(2) you also accept that planned program activities and itineraries may change without notice based upon the needs of the group and the changing weather and environment.
(3) you have accurately completed our medical information and emergency contact information forms, and that you have no undisclosed medical or emotional problems or limitations that might affect your ability to participate in this program
(4) you authorize FUEL staff to give routine or emergency medical care to you if needed, within the limits of common sense and established wilderness medical protocols. If urgent care is necessary, you permit FUEL to seek professional help and/or transport you to a medical facility. You agree to pay all costs associated with that care and transportation
(5) you give FUEL permission to use any photographs or audio/video recordings of you, taken during the participation in FUEL programs, for any publicity or promotional materials, both online and in print. (Note: FUEL respects your privacy and will never publicly publish, trade, or share your name, address, or contact information. However, often students make new friends at FUEL and ask us to share the names and addresses of students within their specific program so that they can keep in touch with one another, which we are happy to do. Please let us know if you have any concerns or reservations about this.
(6) you understand that FUEL reserves the right to dismiss any person from the program that staff believes, in their discretion, presents a safety concern or medical risk, is disruptive, or otherwise deliberately conducts him/herself in a manner detrimental to the program. Use of illegal drugs, marijuana, tobacco products, alcohol, intimate relationships, sexual or other forms of harassment, sexual activity or socially exclusionary behavior, or disregarding clear instructions are examples of conduct that FUEL considers detrimental to the program and that can lead to early dismissal. If you are dismissed or depart for any reason, you accept responsibility for all costs of an early departure, whether for medical reasons, dismissal, personal emergencies, or otherwise.
(7) you agree to follow all of the family COVID-19 protocols indicated on our website, and you also acknowledge and accept that despite all of our precautions, there will always remain a small risk of exposure to COVID-19 as well as many other viruses or bacterial infections that can be transmitted from person to person under close conditions.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Please read this entire document carefully before signing. This document informs you about your responsibilities and assumption of risks and includes a release of liability, indemnification, and surrender of certain legal rights. In consideration of the services of FUEL (the Foundation for Underway Experiential Learning) and its agents, officers, employees, volunteers, independent contractors, and all other persons or entities associated with it, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct activities (hereafter, “Releasees”), participant, and Parent(s) of minor participants, agree as follows:
FUEL program activities may include a variety of hazardous activities. We acknowledge that these activities involve inherent and other risks, hazards, and dangers. The following describes some but not all of those risks, hazards, and dangers: Traveling by boat can be over rough and unpredictable seas in the sun, rain, or other adverse weather conditions. Our voyage may take us to remote locations, several hours from medical facilities, causing potential delays in communication, transportation, evacuation, and medical care. Students will very likely go barefoot at times and experience small cuts or abrasions to the feet. Our travel in the elements may be subject to lightning, strong winds, waves, extremely hot or cold weather or cold water, stinging or disease-carrying insects, poisonous plants, wild animals, and other natural or human-made hazards. Other activities include many potential water obstacles or hazards such as marine wildlife, the risk of falling overboard, being swept into a current, or experiencing a boat capsize or collision.
Human behavior and decision-making, including, without limitation, the risk that a FUEL staff member, representative, volunteer, or co-participant may misjudge a participant’s capabilities, health or physical condition, or misjudge some aspect of instruction, medical treatment, weather, terrain, water level, and the risk that participant’s mental, physical or emotional condition combined with participation in these activities could result in injury, damage, death or other loss. These and other circumstances may cause hypothermia, hyperthermia, dehydration, frostbite, drowning, broken bones, paralysis, concussions or other injuries, damage, death, or loss.
Participant (and Parent(s) of minors) assume and accept full responsibility for the participant, for the inherent and other risks of these activities (both known and unknown), and for any injury, damage, death, or other loss suffered by participant (and Parent(s) of minors), resulting from these risks, or resulting from participant’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Parent(s) of a minor participant), for myself, and for and on behalf of my family members, heirs, executors, representatives, and estate, agree as follows:
to release and agree not to sue the Foundation for Underway Experiential Learning (FUEL)or any above-named Releasees, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim(s)’), for any injury, damage, death or other loss in any way connected with my enrollment or participation in these activities, or use of FUEL equipment or facilities. I understand that in signing this Document, I, anyone acting on my behalf, and my spouse and other family members surrender, to the fullest extent allowed by law, our respective rights to make a claim against FUEL (or above Releasees) as a result of any injury, damage, death or other loss suffered by me;
to defend and indemnify ('indemnify' meaning protect by reimbursement or payment) FUEL and Releasees with respect to all claim(s)brought by or on behalf of a family member for any injury or me, damage, death, or other loss in any way connected with my enrollment or participation in these activities, or use of FUEL equipment and facilities.
This Release and Indemnity Agreement includes any losses caused or alleged to be caused, in whole or in part, by the negligence (but not gross negligence or willful, wanton or criminal misconduct) and includes claims for personal injury, property damage, wrongful death, loss of consortium, breach of contract or otherwise.
I have carefully read, understand, and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, other family members, and my heirs, executors, representatives, and estate.