Terms and Conditions
Out on the Water Sailing is the premiere LGBT oriented sailing adventure sports organization in the country. We provide courses and charters in New York, Sag Harbor and beyond. We are excited to have you participating with us and look forward to a long relationship sailing together. As such, we must make sure you know exactly how we operate and have directed you to view the terms and conditions set forth herein before signing up for any of our courses, charters or events. If you have any questions to anything you see below, please write to us before signing up. By signing up for the course, you have agreed to the terms set forth on this page. Out on the Water Sailing's waiver, release and assumption of risk must be signed and returned prior to your course, charter or event.This document creates an agreement between you (referred to as “Client” in this document) and Out on the Water Sailing, Inc., (referred to as OOTWS in this document).
A. CANCELLATIONS, DATE TRANSFERS, NO SHOWS OR DEFAULTS:
1. Cancellation must be made through email to info@out-sailing.com or by phone to (917) 399-0686.
2. When cancellation is made more than 60 days prior to start date of original course or charter booked, fees paid will be refunded the lesser of $200 or price of course or charter. Client may transfer funds to another course or charter date one time within 90 days of cancellation of original course dates, without additional penalty or forfeiture of funds on account.
2. If cancellation is made 60 days or less prior to start date of an original booking, all fees paid are forfeited.
3. Conditions for transfer of course or charter dates below apply, regardless of whether cancellation occurs more than 60 days prior to new start date.
4. No refunds or transfers of any kind are allowed for those who do not show up for a course, cruise or other event, are refused service due to intoxication or otherwise default on conditions in this document.
B. TRANSFER OF ORIGINAL COURSE OR CHARTER DATE TO ANOTHER DATE:
1. Transfer of Original Course Date to Another Course Date must be made through email to info@out-sailing.com or by phone (917) 399-0686.
2. For courses and charters outside the 5 Boroughs of New York City, transfer of course date must be made 60-days prior to the course date unless otherwise accepted in writing by OOTWS and he new course or charter date chosen must be within one year of the original course or charter start date enrolled in and for an equally priced course or charter. For New York courses and charters, transfer of course or charter date must be made 45-days prior to the course or charter date unless otherwise accepted in writing by OOTWS and the new date must be during the dates of operation within the same calendar year as the original course or charter date enrolled in.
3. Client is responsible for any increases in costs for packages and/or tuitions in effect when picking the new course or charter date. Previously quoted rates are subject to change and may be higher for new dates.
3. Transferred monies to new course or charter date are forfeited if the date transferred to is not used or cancelled.
C. GENERAL TERMS AND CONDITIONS FOR ALL COURSES AND CHARTERS
1. OOTWS prohibits sale of its courses or charters purchased by the Client, received as a gift or purchased in support of a fund raising event through any means to another party; OOTWS prohibits donation of its courses or charters for any cause without written prior authorization from either Co-President of OOTWS.
2. Any discount and/or special rate offer may not be combined unless otherwise stated in writing by OOTWS at the time the original course or charter date is booked. This includes any graduate discounts.
3. If Client booked a destination package for any OOTWS destination, Client is solely responsible for all costs associated with getting to the vessel at the location provided by OOTWS, including but not limited to all off-boat food, lodging and transportation expenses and all other off-boat expenses. OOTWS is not responsible for any costs incurred by a client getting to or from the destination location provided by OOTWS. OOTWS is further not responsible for any costs incurred on land at any destination including food, lodging, transportation or lodging and recreation activities.
4. If Client pays a deposit for a course or charter under an agreement specifying dates and location may be chosen at a later date, including but not limited to gift certificates and discount coupons, that deposit or payment is not refundable unless otherwise noted in writing at the time the deposit is made. Regardless, the date and location must be chosen within eight weeks of date of deposit, or all funds paid will be forfeited.
5. If there is more than one Participant in Client’s party, Client acknowledges he or she has informed all parties of the Terms and Conditions outlined in this document; each has signed a separate copy of the attached Waiver and Assumption of Risk, fully executed, unchanged and unedited; and all Waivers have been returned with this Terms and Conditions.
6. Client acknowledges that photos or film may be taken during the period Client and Participants are involved in a course, charter or other OOTWS event, for OOTWS promotion and advertising. Authorization for the use and reproduction of such photographs is included on the Waiver and Assumption of Risk accompanying these Terms & Conditions.
7. Client acknowledges that all Participants have been informed that OOTWS is not responsible for incompatibility with others in any course or charter, whether in the in classroom or on board any OOTWS sail or power boat.
8. Client acknowledges that all Participants have been informed that OOTWS is not responsible for wind and weather conditions; OOTWS may make a determination that the weather prevents any course or charter from occurring or continuing, without notice. Upon such determination by OOTWS, a rain date shall be scheduled to make up time upon OOTWS schedule. No fees will be returned based upon weather conditions.
9. OOTWS prohibits use or consumption of illegal drugs or alcohol on any of its courses, charters or classroom activities. If at any time any instructor, employee or representative of OOTWS believes a client to be intoxicated or impaired by any substance, OOTWS may refuse service, end a charter or refuse any additional services to the client. Any action taken by OOTWS for intoxication or impairment will result in the forfeiture of all fees paid by the client.
10. OOTWS is not responsible for personal items left unattended or lost aboard any OOTWS course or charter or at any facility utilized in conjunction with any OOTWS course or charter.
11. If a hurricane interrupts service at a particular location, OOTWS reserves the right to move courses to a different, unaffected location for the duration of storm and recovery period.
12. All Terms and Conditions set forth herein apply to all programs offered by OOTWS, unless an amended or different Terms and Conditions or addendum is rendered at time of original enrollment. No Term or Condition set forth herein can be modified, amended, voided or altered in any way by oral agreement.
13. These Terms and Conditions and the Waiver and Assumption of Risk may be modified or changed solely by OOTWS. If modifications are made, notification of such modifications or changes will be sent to Client by mail or e-mail.
14. All dates, rates and boats are subject to change.
15. These Terms and Conditions and Waiver and Assumption of Risk shall be governed by and construed in accordance with New York and will govern any disputes regardless of whether or not a signed and initialed copy is returned to OOTWS.
Download waiver, release and assumption of risk here