FREEDOM BOAT CLUB IN-WATER TRAINING NEWPORT INTERNATIONAL BOAT SHOW SEPTEMBER 14-17, 2023 TERMS AND CONDITIONS

1. GENERAL RULES: A Participant of the IN-WATER TRAINING provided by Freedom Boat Club, LLC (“Freedom”) must be at least 21 years old, must have agreed to these terms and conditions either electronically or otherwise, success, and have paid and pre-scheduled to attend a Freedom training class (the “Training Class”) prior to being allowed to appear and participate in a Training Class. Participant must follow all aspects of these Terms and Conditions in order to appear and participate in a Training Class. Freedom may prohibit a Participant from operating any boat used during a Training Class and/or may refuse a Participant participation in a Training Class, in the sole discretion of Freedom, if any of the following occur:

A) Participant did not pay for the Freedom Training Class.

B) Participant arrives at marina in an intoxicated state.

C) Participant brings alcohol to the premises and/or refuses to dispose of alcohol prior to the Training Class. 

D) Participant operates a boat used during a Training Class in an impaired condition (see Section 2 below).

E) Participant has used language or has behaved in a manner which is unbecoming to himself/herself, other Freedom participants, Freedom employees or is consistently discourteous in demeanor.

F) Participant engages in reckless boat operation.

G) Participant fails to adhere to these Terms and Conditions.

H) Participant engages in a business or activity injurious to Freedom.

I) Participant arrives to the marina with a person who has not reserved a spot in the Training Class. Freedom will not allow any last-minute reservations to be made on site at any time. 

J) Pets are not allowed on Freedom boats at any time.  Individuals under 21 years of age are not allowed on Freedom boats during the Training Class. 

K) Participant requests to be picked up at another location, dock or marina. No additional stops will made at the request of Participant; Participant shall be required to adhere to the schedule of the Training Class.

2. OPERATION: Operation of a boat in an impaired condition is strictly prohibited and will prevent Participant’s participation before or during any Training Class. It may result in serious injury to others and damage to the boat or to other boats. Our insurance coverage severely restricts coverage in such instances where alcohol/drugs are involved.

3. NO REFUNDS: Except as expressly provided herein, any and all amounts paid by Participant for a Training Class, or otherwise paid by Participant pursuant to these Terms and Conditions, will be irrevocable, non-refundable, and non-creditable and shall not be subject to claim for refund for any cause whatsoever.

4. IMAGE AND LIKENESS RELEASE. In connection with participation in a Training Class, Freedom and/or its affiliates may take photographs and video of the Participant. The Participant agrees that Freedom shall have: (a) the unlimited right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, and reproduce Participant’s likeness, name, picture, and voice (“Likeness”) anywhere in the world for any purpose including, without limitation, advertising and trade, in connection with the Training Class and products displayed at the Training Class; (b) sole ownership and sole authority over the content of any advertisements, promotions and other materials which may contain Participant’s Likeness; and (c) all ownership rights, including copyright and all other intellectual property rights of any advertisement, promotions, and any other materials produced by Freedom or at Freedom’ direction. The Participant hereby irrevocably authorizes Freedom to edit, alter, copy, exhibit, publish or distribute any image, audio, and/or video with Participant’s Likeness for any lawful purpose. The Participant will receive no notice of the use of the Likeness, and has voluntarily agreed to have his/her picture taken and/or voice recorded and waives the right to inspect or approve the finished product, including any written or electronic copy. Additionally, the Participant waives any right to any claim of royalties, consideration, or other compensation and any other claims (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of or related to the production, exhibition, or other use of the images, audio, and/or video captured. 

5. COMPLIANCE WITH LAWS AND ORDINANCES: Participant shall comply with all applicable governmental laws, ordinances, orders, and regulations now in force or which may hereafter be in force insofar as they pertain to the use, operation and utilization of boats. Participant shall also comply with all requirements of any insurance companies providing insurance for Freedom and the terms and conditions of any marina or other docking facility in which Freedom boats are located.

6. DISPUTE RESOLUTION:  In the event of any arbitration or legal proceedings brought by any party to construe or enforce the provisions of this agreement, or in the event there is any arbitration or other litigation which arises from or relates to this agreement and/or the operation of a Freedom boat by Participant, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses incurred in any such arbitration or legal proceeding. Participant and Freedom each irrevocably and unconditionally (a) agree that any suit, action, arbitration or legal proceeding arising out of or relating to this Agreement shall be  brought exclusively in Sarasota, Florida; (b) consents to the jurisdiction of any such court or arbitrator in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in Venice, Florida; and (d) agrees that service of any court or arbitration notice may be effected on such party by mail or in such other manner as may be provided under applicable laws or court rules of the State of Florida.

7. ARBITRATION OF DISPUTES: The parties to this agreement specifically agree that any dispute (whether contract, tort, statutory, or otherwise) arising under or relating in any way to (i) the these terms and conditions of IN WATER TRAINING, (ii) your reservation or participation in IN WATER TRAINING, (iii) your use of any boat in connection with IN WATER TRAINING reservation or (iv) any other dealings between you and Freedom, including but not limited to any claims for money damages or for personal injury or wrongful death shall be submitted to binding arbitration in Venice, Florida in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) by a single arbitrator. The arbitrator shall be selected by mutual agreement of Freedom and Participant within twenty (20) days following the initiation of arbitration hereunder, or, absent such agreement, by appointment by the American Arbitration Association (AAA). The arbitration procedure shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16, and the award rendered by the arbitrator shall be final and binding on the parties and may be entered in any court having jurisdiction thereof.

Each party shall have discovery rights as provided by the Federal Rules of Civil Procedure within the limits imposed by the arbitrator; provided, however, that all such discovery shall be commenced and concluded within ninety (90) days of the selection or appointment of the arbitrator.

It is the intent of the parties that any arbitration shall be concluded as quickly as reasonably practical. Unless the parties otherwise agree, once commenced, the hearing on the disputed matters shall be held four (4) days a week until concluded, with each hearing date to begin at 9:00 a.m. and to conclude at 5:00 p.m. unless otherwise agreed. The arbitrator shall use all reasonable efforts to issue the final award or awards within a period of five (5) business days after closure of the proceedings. Failure of the arbitrator to meet the time limits of this Section shall not be a basis for challenging the award.

The arbitrator shall instruct the non-prevailing party to pay all costs of the proceedings, including the fees and expenses of the arbitrator and the reasonable attorneys' fees and expenses of the prevailing party. If the arbitrator determines that there is not a prevailing party, each party shall be instructed to bear its own costs and to share equally the fees and expenses of the arbitrator.

8. JURY TRIAL: It is the intent of the parties that any dispute of any kind whatsoever between the parties to this agreement shall be settled and finally determined in arbitration before the American Arbitration Association (“AAA”) in accordance with these Terms and Conditions.  HOWEVER,  IN THE EVENT IT IS DETERMINED THAT A DISPUTE BETWEEN THE PARTIES IS TO BE DETERMINED IN A COURT OF LAW, THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ARISING OR RELATING IN ANY WAY TO A TRAINING CLASS WITH FREEDOM.

9. NO WARRANTIES. FREEDOM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE INCLUDED IN THESE TERMS AND CONDITIONS. PARTICIPANT ACKNOWLEDGES THAT ALL BOATS PROVIDED BY FREEDOM ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

10. BOATS. WITHOUT IN ANY MANNER  LIMITING THE FOREGOING, FREEDOM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITIES, CAPACITY, OR OTHER ATTRIBUTES OF ANY OF THE BOATS, THE USE OF WHICH WILL OR MAY BE FURNISHED TO PARTICIPANT PURSUANT TO THIS AGREEMENT.  AND ANY SUCH REPRESENTATIONS OR WARRANTIES WHICH MAY BE MADE OR UPON WHICH PARTICIPANT MAY RELY ARE EXCLUSIVELY THOSE OF THE MANUFACTURERS OF SAID EQUIPMENT. 

11. PERSONAL PROPERTY. FREEDOM SHALL NOT BE RESPONSIBLE OR LIABLE AT ANY TIME FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY BROUGHT BY PARTICIPANT, OR ANY OF PARTICIPANT'S FAMILY, GUESTS, INVITEES, OR THIRD PARTY ABOARD FREEDOM BOATS USED BY PARTICIPANT. 

12. EXCULPATORY PROVISIONS. FREEDOM SHALL NOT BE RESPONSIBLE OR LIABLE TO PARTICIPANT FOR ANY DEFECT, LATENT, OR OTHER DEFECTS OF ANY TYPE OR NATURE IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT, NOR SHALL FREEDOM BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGE CAUSED BY OR RESULTING FROM ANY DEFECT, NEGLIGENCE, ACT, OR OMISSION IN THE CONSTRUCTION, MAINTENANCE, OPERATION, OR USE OF ANY BOAT, OR ANY EQUIPMENT, FIXTURES, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT. PARTICIPANT FURTHER ACKNOWLEDGES AND AGREES THAT PARTICIPANT IS WAIVING AND RELEASING ANY AND ALL CLAIMS WHICH PARTICIPANT COULD MAKE AGAINST FREEDOM, ITS PARENT AND AFFILIATES, OR ANY OFFICER, DIRECTOR, EMPLOYEE, CAPTAIN, CREWMEMEBER, DOCKMASTER, DOCKHAND, INSTRUCTOR, OTHER INVOLVED PARTY PARTICIPANT OR AGENT OF FREEDOM FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY DEFECT, LATENT OR OTHERWISE, IN ANY BOAT OR ANY EQUIPMENT, APPLIANCES, OR APPARATUS UTILIZED IN CONNECTION WITH SUCH BOAT.

13. FORCE MAJEURE: Freedom shall be excused from performance, or any delays in performance hereunder, due to fire, flood, earthquakes, hurricane, acts of God, unavailability of materials, equipment or fuel, war, declaration of hostilities, revolt, civil strife, altercation or commotion, strike, labor disputes, epidemic, lack of or failure of fork-lift or transportation facilities, mechanical breakdowns, any law, order, proclamation, regulation or ordinance of any government or subdivision thereof, or for any other cause whether similar or dissimilar to those enumerated, beyond the reasonable control of Freedom.

14. ASSIGNMENT OF PROCEEDS: Freedom may assign its right to receive any deferred payment obligations, dues or any other sums that may be due or become due to Freedom pursuant to this Agreement. Upon written notice to Participant of any such assignment, all sums thereby assigned shall be payable directly to the assignee at the address designated.

15. BINDING EFFECT; ENTIRE AGREEMENT; MODIFICATIONS: If any provision of this Agreement is declared invalid or unenforceable for any reason, the remainder of the Agreement shall not be affected and shall remain in full force and effect. This Agreement is binding upon the parties hereto and their heirs, legal representatives, successors, and permitted assigns, and shall be governed by the internal substantive laws of the State of Florida without regard to any conflict of law provisions. The parties hereby agree that this instrument contains the entire agreement between the parties, except for the Participant Release and Hold Harmless Agreement which is expressly incorporated herein by reference, and there is and can be no other oral or written agreement or understanding, written or oral, unless the same is set forth in a writing signed by all parties to this agreement. Any such waiver or consent shall be effective only in this specific instance and for the specific purpose given. Notwithstanding the foregoing, the Terms and Conditions may be changed from time to time. There are no collateral understandings or agreements other than those contained herein, and Participant understands and agrees that there are no terms, conditions, statements, warranties, or representations, oral or written, not contained herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall collectively constitute one instrument.

THESE TERMS AND CONDITIONS HAVE BEEN REVISED AND ADOPTED ON JULY 1, 2023