Terms of Service

This online document serves as the basis of your acceptance and understanding of the liabilities involved in onboarding a boat or vessel docked at the marina as well as the safety protocols that are in place for all Guests’ safety and security. By checking the box, I or WE, the Guest(s) acknowledge this policy out of our own volition.

1. I UNDERSTAND THAT THERE ARE INHERENT RISKS involved with being on a Boat Marina, walking the docks, entering the slip of a boat, boarding, or disembarking the boat, but not limited also to equipment failure, perils of the Sea, adverse weather conditions, acts of other participants or guests, moving between decks, sunburn, dehydration, or activities on the dock or slip, or collision, or grounding, which may be a part of my Culinary Experience. I HEREBY ASSUME ALL SUCH RISKS MENTIONED UNEQUIVOCALLY.
2. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THE SAFETY OF THOSE FOR WHOM I HAVE BROUGHT AS PART OF THE BOOKING OF MY CULINARY EXPERIENCE, AND I AGREE TO DO SO. While the Culinary Experience event is underway, I will supervise, and ensure the safety of the children under 16 years of age, at all times, and not wander off on their own unattended.
3. I assert that I am physically fit to board any participating boat that is booked for the Culinary Experience event. I further assert, that I am able to engage in such Culinary Experience activity without any impediment and will not hold the vessel, the Owner of the vessel, the Marina, the Marina Associates, Xenia International Inc., its employees, sub-contractors, chefs, and associated personnel responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while I am moving on the Marina or on the slip, on a vessel moving about, or boarding or disembarking a vessel.
4. I acknowledge that I have been instructed, thus far, as to what behavior is required of me and that the violation of the instructions, or any part of it, is a breach of appropriate behavior necessary to ensure good conduct. Therefore, I EXPRESSLY ASSUME ALL RISKS.
5. I agree to ALL TIMES follow the instructions of the Boat Owner, when present or a Captain when present, a Chef Manager when present, or a Xenia International Inc. Manager when present, during emergency procedures, or when there is imminent danger.
6. If I become distressed, or I observe one of the Guests’ showing signs of distress, I will notify the person in charge of the Culinary Experience event immediately.
7. If drinking alcoholic beverages, I certify that I am at least 21 years old, and agree to abide by the United States Laws that prohibit underage (21) drinking. I further attest that I will enjoy alcoholic beverages moderately and consume them in a responsible manner that does not promote inebriation or drunkenness. Be advised that the Culinary Experience event will be halted should Guest(s) engage in excessive drinking, inebriation, or signs of drunkenness where the safety and security of the Guest(s) are compromised. The Culinary Experience at this point is non-refundable.
8. I fully understand that the boat or vessel has no medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio or telephone, and the treatment may be delayed until I can be transported to a proper medical facility. I AGREE IN ADVANCE TO THESE CONDITIONS.
9. I understand that while I am on a boat or vessel removing articles of clothing, nude sunbathing, and entering the water whether intoxicated or not, is strictly prohibited whilst attending a Culinary Experience event and will lead to the termination of the aforesaid event where payment is non-refundable.
10. Xenia International Inc. has made no representation to me, implied or otherwise, that they, their sub-contracted Chefs, employees, managers, Boat Owner, Marina Management & Associates, or personnel will perform safe rescues or render first aid. In the event, I show signs of distress or call for aid, or I would like assistance, I would not hold the aforesaid entities, their crew, their employees, or guests responsible for their actions in attempting the performance of rescue or first aid.
11. I AGREE TO FOREVER DISCHARGE AND RELEASE:
    • Xenia International Inc., IT’S EMPLOYEES AND AGENTS, THE BOAT OWNER, MARINA, MARINA MANAGEMENT, AND ITS EMPLOYEES, AND AFFILIATES, WHETHER NAMED OR NOT
    • THE MARINA IN WHICH Xenia International Inc.& YACHTEXPERIENCES.CO BOATS AND VESSELS ARE DOCKED, THE MARINA EMPLOYEES & ASSOCIATES, MANAGEMENT, AGENTS AND AFFILIATES, WHETHER NAMED OR NOT. AND TO HOLD THESE PARTIES HARMLESS FROM ANY OR ALL RESPONSIBILITY OR LIABILITY FOR ANY OR ALL PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH. I ASSUME ALL RISKS whilst participating in the Culinary Experience events or activities, but not limited to, being on the Marina, on the Boat, on the Docks, on the Slips, and the organization of the activity of the Culinary Experience.
    • I agree not to make a claim against or sue any of the above parties for injuries or damages whether they arise from any NEGLIGENCE or other liability, even in cases of GROSS NEGLIGENCE.
12. I further agree on behalf of myself, my heirs, and assigns, to indemnify and hold harmless the released parties for any, and all causes of action arising, as a consequence of any incident, which might occur as a result consequence of my participation in any activities with or involving the released parties.
13. I HAVE CAREFULLY READ THIS AGREEMENT, AND I FULLY UNDERSTAND ITS CONTENTS. I SIGN THIS OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.
14. This document constitutes the final and entire agreement between Released Parties and the Undersigned who acknowledge by checking the box. There are NO WARRANTIES, EXPRESSED OR IMPLIED, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
15. This is also to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Releases and, for myself, my child, all heirs, assigns, and next of kin.