Freedom Boat Club of Chicago Promotional Offer Passport to Freedom TERMS & CONDITIONS
1. Summary. Freedom Boat Club of Chicago’s Passport to Freedom (the “FBC Offer”) is a promotional offer by Freedom Boat Club of Chicago, LLC (the “Company” or “Sponsor”). Eligible participants who claim the FBC Offer will receive two (2) hours of free on-the-water training (“OTWT”) from Sponsor, subject to these Terms & Conditions (the “Terms”). FBC Offer is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law. Eligible participant accepting the FBC Offer represents and warrants that the participant has read, understands, and accepts these Terms, as they may be modified from time to time.
2. Sponsor. The FBC Offer is sponsored by Freedom Boat Club of Chicago, LLC, 897 E. Venice Ave., Venice, FL 34285.
3. Eligibility. The FBC Offer is open to legal U.S. citizens residing in the Chicago, Illinois area and who are 21+ years of age or older.
4. Offer Period. The FBC Offer will be available beginning 12:00 AM CST on March 13, 2023 through 11:59 PM CST on August 31, 2023.
5. How to Redeem FBC Offer. Eligible participants can accept this offer by completing the form associated with the following link no later than midnight August 31, 2023. The FBC Offer is subject to the following conditions and limitations: ▪ Each eligible participant that accepts the FBC Offer will be required to: (1) complete an online boater safety course offered by BoatUs.org and (2) sign a waiver and release before participating in the OTWT . ▪ Participants must be able to complete the OTWT within sixty (60) days in order accept the FBC Offer. ▪ OTWT will be limited to two Participants at one time. Participants may participate in the OTWT with a friend or family member if space is available. Persons under 21 are not permitted to attend or participate in the OTWT.
6. Offer Details. Offer expires at 11:59 PM on August 31, 2023; limit one offer per person during the FBC Offer Period. The Released Parties, defined below, are not responsible for lost, late, misdirected, or late payment, or failure by FBC Offer participant to complete OTWT within the stated time period. FBC Offer is non-transferable and no cash-outs will be provided. No substitutions unless determined in the sole discretion of the Sponsor. PLEASE NOTE: All taxes (and the reporting thereof) relating to FBC Offer are the sole responsibility of the participant; participant should consult with tax counsel prior to accepting the FBC Offer. The approximate retail value (“ARV”) of the FBC Offer is $150. Where not prohibited, and if requested by Sponsor, FBC Offer participants may be required to complete an affidavit of eligibility, release of liability, and offer acceptance form (including participant’s social security number or taxpayer I.D.) prior to accepting the FBC Offer. The FBC Offer consists only of the items identified in these Terms; all costs and expenses not specified herein, including but not limited to transport, meals, fuel, accommodations, and other incidentals incurred in accepting the FBC Offer, are the sole responsibility of the participant.
7. RELEASE OF LIABILITY. BY PARTICIPATING IN THE FBC OFFER, PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND THEIR DEALERS AND RETAILERS, AFFILIATES, SALES REPRESENTATIVES, AGENCIES, WHOLESALERS, DISTRIBUTORS, AND PROMOTIONAL AND OTHER VENDOR AGENCIES INVOLVED IN THE FBC OFFER, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, SERVICE AGENCIES, INDEPENDENT CONTRACTORS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF ANY OF THE ABOVE ORGANIZATIONS (THE “RELEASED PARTIES”) FROM ANY INJURY, LOSS, OR DAMAGE TO PERSON, INCLUDING DEATH, OR TO PROPERTY DUE IN-WHOLE OR IN-PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE OR USE/MISUSE OF THE FBC OFFER, PARTICIPATION IN ANY FBC OFFER-RELATED ACTIVITY, OR PARTICIPATION IN THE FBC OFFER.
8. DISPUTES/CHOICE OF LAW. PARTICIPANT AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS OFFER SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN FLORIDA; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUTOF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS OFFER, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT AND THE SPONSOR IN CONNECTION WITH THIS OFFER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS OF ANY OTHER JURISDICTION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF FLORIDA.
9. Entire Agreement. These Terms constitute the entire understanding between the Company and each participant with respect to the FBC Offer and supersede any and all prior communications, whether written or oral.
10. Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions of these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.