These Terms & Conditions ("Terms") govern your use of the Fairwinds website, your engagement of our charter, lessons, and consulting services, and our separate SMS text-messaging service for vessel maintenance (described in Part B). They are entered into between you and Fairwinds, LLC ("Fairwinds," "we," "us," or "our"). By accessing our website or using any of our services, you agree to these Terms. If you do not agree, do not use our website or services.
Part A — Website & Charter Services
1. Use of Our Website
You may use our website for lawful, personal, non-commercial purposes and to learn about and request our services. You agree not to misuse the site, attempt to gain unauthorized access to it or its underlying systems, interfere with its operation, or use it to transmit unlawful, infringing, or harmful content.
2. Inquiries, Quotes & Bookings
Information on our website — including vessels, availability, itineraries, and pricing — is provided for general information and may change without notice. Submitting a charter inquiry does not create a confirmed booking. A charter is confirmed only when we expressly accept it and any required deposit is received. Each charter is subject to a separate charter agreement and to the direction of the captain and crew, who have final authority over the safe operation of the vessel.
3. Payments, Deposits & Cancellations
Deposits, payment schedules, cancellation windows, refunds, and any applicable fees are set out in the charter agreement or quote provided to you. You are responsible for paying all amounts due under that agreement. Weather, sea conditions, mechanical issues, or safety concerns may require us to reschedule or cancel a charter at the captain's discretion; in such cases we will work with you on rescheduling or a refund as described in your charter agreement.
4. Guest Conduct & Safety
For the safety of all aboard, guests must follow the instructions of the captain and crew at all times. We may refuse boarding to, or remove, any person who is intoxicated, behaves unsafely or unlawfully, or endangers the vessel, crew, or other guests, without refund. You are responsible for any loss or damage caused by you or your party.
5. Assumption of Risk
Boating and water-based activities involve inherent risks. To the extent permitted by law, you participate voluntarily and assume the ordinary risks associated with being aboard a vessel and on the water. Additional waiver or release terms may be included in your charter agreement.
6. Intellectual Property
All content on our website — including text, photographs, graphics, logos, and the Fairwinds name and marks — is owned by or licensed to Fairwinds and is protected by intellectual-property laws. You may not copy, reproduce, distribute, or use our content without our prior written permission.
7. Disclaimers
Our website and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, secure, or error-free, or that information on it is complete or current.
8. Limitation of Liability
To the fullest extent permitted by law, Fairwinds will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of our website or services, except as expressly provided in a signed charter agreement.
9. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute relating to our website or these Terms will be subject to the courts located in Orange County, California, unless your charter agreement provides otherwise.
10. Changes to These Terms
We may update these Terms from time to time. Changes take effect when posted on this page, and we will update the "Last updated" date above. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.
11. Contact Us
Questions about these Terms? Contact us at:
- Fairwinds, LLC — Newport Beach, California
- Phone: (949) 510-8682
- Or use the charter inquiry form on our website.
Part B — SMS Text-Messaging Service (Yacht Management Application)
This part governs your use of the Yacht Management Application and our related SMS text-messaging service (collectively, the "Service"), intended for authorized crew, contractors, and management personnel. By accessing the Service or opting in to receive text messages from us, you agree to these Terms.
B1. SMS Messaging Program
By providing your mobile phone number and opting in, you consent to receive SMS text messages from us related to vessel maintenance operations. These may include ticket confirmations, status updates, service reminders, and operational alerts. This program is for operational purposes and is not used to send marketing or promotional messages.
- Message frequency: Message frequency varies based on maintenance activity.
- Cost: Message and data rates may apply, according to your mobile carrier's plan.
- Opt out: Reply STOP at any time to cancel. You will receive a one-time confirmation and no further messages unless you opt in again.
- Help: Reply HELP for assistance, or contact us using the details above.
- Carriers are not liable for delayed or undelivered messages.
Your consent to receive text messages is not a condition of any purchase. We will not share your mobile information or SMS opt-in data with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for details.
B2. Eligibility & Authorized Use
The Service is intended for authorized crew, contractors, and management personnel of the vessel. You agree to use the Service only for its intended maintenance-management purposes and only with a mobile number you own or are authorized to use. You are responsible for keeping any login credentials confidential and for activity that occurs under your account.
B3. Acceptable Use
You agree not to:
- Use the Service for any unlawful, fraudulent, or unauthorized purpose;
- Submit content that is false, misleading, or that you do not have the right to submit;
- Attempt to gain unauthorized access to the Service, other accounts, or connected systems;
- Interfere with or disrupt the integrity or performance of the Service.
B4. Service Data
Equipment records, maintenance tickets, service logs, parts inventory, and similar data entered into the Service belong to Fairwinds and the vessel's owner/management. We may use service providers (such as our hosting and messaging platforms) to operate the Service. We aim to keep the Service available and accurate but do not guarantee uninterrupted access or error-free data.
B5. Disclaimers & Limitation of Liability
The Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that maintenance alerts and reminders will be delivered or timely. You remain responsible for the proper operation, inspection, and maintenance of the vessel and its equipment. To the fullest extent permitted by law, Fairwinds will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of or inability to use the Service, including any missed, delayed, or undelivered messages or alerts.