Eclipse LLC – Service Agreement

 

1. Parties

This Sailing Services Agreement (the “Agreement”) is entered into on the date of the last signature below between Eclipse LLC, a District of Columbia limited liability company doing business as Eclipse Sailing, with its principal place of business at 650 Wharf St SW, Washington, DC 20024 (“Company”), and the individual(s) identified on the Company’s electronic booking confirmation (“Client” or “you”). Each Client who reserves one or more seats must ensure that every Guest listed on the same booking accepts this Agreement.

 

2. Services & Itinerary

1. Vessel & Location. Company agrees to provide an instructional sailing experience aboard its J/24 class sailboat operating from The Wharf Marina, 650 Wharf St SW, Washington, DC 20024 (the “Vessel”). 

2. Duration. Each session is two and a half (2.5) hours, starting from the time selected in the booking, including about 30 min for boarding and off-boarding activities.

3. Capacity. Maximum of four (4) people plus one sailing instructor (the “Instructor”). Minors count toward capacity.

4. Instructor Role. The designated Instructor retains complete authority over the safe operation of the Vessel. This is not a bareboat or demise charter; operational control remains with the Company at all times.

5. Client Participation. Guests are welcome—though not required—to participate in the boat rigging, trimming sails and helm duties under Instructor guidance. The Instructor may restrict activities for safety or regulatory reasons.

 

3. Bookings, Pricing & Payment

1. Price. Each seat is priced at US $130 plus applicable taxes and fees.

2. Payment Terms. Full payment is due at the time of booking via the Company’s online checkout. A booking is confirmed only after payment clears and an electronic confirmation is issued.

3. Cancellation & Rescheduling.

   • Client‑initiated. Cancellations more than forty-eight (48) hours before the scheduled sail receive a full refund. No refunds are given for cancellations less than 48 hours before departure or for no‑shows.

   • Weather or Safety. The Instructor may postpone, shorten, or cancel a session if, in their sole discretion, conditions are unsafe (e.g., strong wind, thunderstorms, mechanical failure, crew condition).  Client may elect (a) a full refund, or (b) to reschedule within six (6) months, subject to availability. Refund is the exclusive remedy for Company‑initiated cancellation.

4. Late Arrival. The sail begins at the scheduled departure time. If Client/Guest arrives after the vessel departure time, no refund can be issued.

 

4. Guest Obligations

1. Arrival & Check‑In. All Guests must arrive at the designated meeting point 15 minutes before departure to complete the check-in.

2. Attire. Non‑marking closed‑toe shoes are required. Dress appropriately for exposure to sun, wind, and spray. Personal flotation devices (PFDs) are provided and must be worn fastened all the time.

3. Conduct & Prohibited Items.

   1. No smoking, vaping, controlled substances, alcoholic beverages, or glass containers are permitted aboard. 

   2. Guests must obey orders of the Instructor.

   3. Guests under influence of alcohol or substances will not be permitted to board and will not be refunded.

   4. All guests must exercise safe behavior and caution while in the marina,  boarding/offboarding, on-board and remain in the boat at all times.

4. Minors. Guests under eighteen (18) must be accompanied by a parent or legal guardian, who must execute any required parental consents and waivers.

5. Minimum guest age is 8 years old.

6. Health & Fitness. Client represents that all Guests are physically able to participate in recreational sailing and will disclose any relevant medical conditions.

 

5. Vessel Condition and Damage

1. Reasonable Care. Guests shall exercise reasonable care of the Vessel and equipment. Guests shall maintain the boat in clean condition and remove all generated trash. Any damage or loss caused by Client’s or a Guest’s negligence or willful misconduct will be charged to the booking credit card, up to the repair or replacement cost plus lost‑charter downtime.

2. Inspection. Client may inspect the Vessel before departure and must report any concerns to the Instructor. Failure to do so constitutes acceptance of the Vessel’s condition.

 

6. Separate Liability Waiver

Guests accept all risks to their health and property, and are required to execute the Company’s Liability Waiver prior to boarding. That waiver addresses assumption of risk and personal injury; this Agreement addresses commercial terms. In the event of conflict, the Liability Waiver governs issues of risk allocation.

 

7. Force Majeure

Company shall not be liable for delay or failure to perform caused by acts of God, severe weather, governmental action, public‑health orders, mechanical breakdown, labor disputes, or other causes beyond its reasonable control.

 

 

8. Photo & Media Release (Optional)

Participant grants Eclipse LLC a perpetual, worldwide, royalty‑free right to use photographs, video, or audio recordings of Participant taken during the activity for promotional or educational purposes in any medium. Participant waives any right to inspect or approve the finished product or receive compensation. (To opt out, Participant must notify Eclipse LLC in writing at least 24 hours before the session.)

 

9. Dispute Resolution & Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflict‑of‑law rules. Any dispute arising under this Agreement shall be brought exclusively in the state or federal courts located in the District of Columbia, and the Parties consent to personal jurisdiction therein.

 

10. Miscellaneous

1. Entire Agreement. This Agreement, together with the booking confirmation and the separate Liability Waiver, constitutes the entire agreement between the Parties and supersedes all prior discussions.

2. Amendments. No amendment or modification is effective unless in writing and signed (including electronic signature) by both Parties.

3. Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

4. Headings. Headings are for convenience only and do not affect interpretation.

 

11. Acceptance

Company Acceptance. Eclipse LLC’s acceptance of this Agreement is deemed effective automatically upon issuance of the electronic booking confirmation and provision of services; no separate signature by the Company is required.

Client Agreement. By completing the online booking checkout, submitting payment, or signing below (including electronic signature), Client acknowledges that they have read, understood, and agree to be bound by this Agreement.