Terms of Service
Last updated: June 9, 2026
These Terms of Service (“Terms”) govern your use of blackwingsailing.com (the “Site”) and any charters or experiences offered by Blackwing Sailing (“Blackwing,” “we,” “us,” or “our”). By using the Site or booking a charter, you agree to these Terms. If you do not agree, please do not use the Site.
1. Use of the Site
You may use the Site for lawful, personal, non-commercial purposes only. You agree not to misuse the Site, interfere with its operation, attempt to gain unauthorized access, or use it in violation of any applicable law.
2. Inquiries, Bookings & Pricing
Submitting the inquiry form is a request for information or a charter — it does not create a confirmed reservation. A booking is confirmed only when we expressly confirm it in writing. Prices shown on the Site are estimates, are subject to change, and may not include taxes, fees, fuel, gratuities, or other charges. Specific booking, deposit, payment, rescheduling, and cancellation terms will be provided at the time of booking and form part of your charter agreement.
3. Assumption of Risk & Safety
Sailing and other on-the-water activities involve inherent and unavoidable risks, including but not limited to rough seas, weather, motion, slips and falls, equipment, and the conduct of the vessel and others aboard. You voluntarily participate in any charter with full knowledge of these risks and assume them to the fullest extent permitted by law.
- The captain has sole and absolute authority over the vessel, the route, guest conduct, and all matters of safety, and may alter, shorten, delay, or cancel a charter at any time for safety, weather, or operational reasons.
- Guests must follow all instructions of the captain and crew at all times.
- Charters may be rescheduled or cancelled due to weather or conditions beyond our control; we are not liable for such changes.
- Guests are responsible for their own fitness to participate and for disclosing any condition that may affect their safety.
A separate liability waiver and assumption-of-risk agreement may be required to be signed by each guest before boarding.
4. Limitation of Liability
To the fullest extent permitted by law, Blackwing and its owners, operators, captain, crew, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, arising out of or relating to your use of the Site or participation in any charter. To the fullest extent permitted by law, our total liability for any claim shall not exceed the amount you paid for the applicable charter.
5. Indemnification
You agree to indemnify, defend, and hold harmless Blackwing and its owners, operators, captain, crew, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your participation in a charter, your violation of these Terms, or your violation of any rights of another.
6. Disclaimer of Warranties
The Site and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that wildlife sightings (including whales or dolphins) will occur on any charter.
7. Intellectual Property
The Site and all content on it — including the Blackwing name, logos, text, photography, and design — are owned by or licensed to Blackwing and protected by intellectual-property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission.
8. Third-Party Links
The Site may contain links to third-party websites or services that we do not control. We are not responsible for their content, policies, or practices.
9. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Governing Law & Venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to their jurisdiction.
11. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date reflects the most recent revision. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
12. Contact Us
Questions about these Terms? Reach us through the inquiry form on our website — Blackwing Sailing, Dana Point Harbor, California.