1. Upon approval and receipt of payment of the fee associated with the selected program (the "Fee"), the guest paying the Fee (the “Guest”) will be enrolled in the 41°N Card program at Forty 1° North.
  2. The Guest may access the facility by dinghy (up to 22' inflatable or rigid inflatable boat only) and may remain on the designated dinghy dock for up to 3 hours. The Guest's boat must display the Forty 1° North decal. Use of the dinghy dock is subject to availability.
  3. The Guest will receive one 41°N Card which should be used for identification purposes at Forty 1° North.
  4. The Guest will receive a house account to which charges made at any Forty 1° North facility may be charged. The 41°N Card must be presented in order to make charges to the Guest's house account. The house account will be linked to the credit card supplied by the Guest and the Guest agrees that any house charges will be charged to the Guest's credit card. If the credit card on file has been lost or stolen or cancelled it is the cardholder’s responsibility to provide a new credit card number to Forty 1° North promptly. Debit cards will not be accepted. Charges on the guest’s house account will be charged periodically to the credit card on file. The charge will be the total of all accumulated charges on the guest’s account.
  5. Forty 1° North dining credit may be used only against food and beverage charges at The Grill and Christie's. Forty 1° North dining credit may not be used for banquet, catering or special events as defined by Forty 1° North.
  6. The Guest should take care to safeguard the 41°N Card. In the event the Forty 1° North card is lost or stolen, the Guest will be responsible for all charges made on the Guest's house account until such time that the Guest has notified Forty 1° North in writing to stop accepting the 41°N Card.
  7. Discounted in-room spa services are subject to the standard conditions and reservation requirements of full priced spa services.
  8. Special room rate of $150 for same day reservations made after 10:00pm is subject to availability of standard room categories (City View Guest Room, Water View Guest Room & Premium Water View Guest Room). Upgraded room categories may be offered at the sole discretion of Forty 1° North for a supplementary charge.
  9. The Guest's house account shall be charged $25 for any Guest Card issued to an Additional Cardholder (defined below) and for each replacement card issued to a Guest or Additional Cardholder or in the event the Guest Card is not returned upon the request of Forty 1° North.
  10. Reservations for food and beverage facilities are encouraged. With regard to priority seating, additional guests may be accommodated for meals at the discretion of Forty 1° North.
  11. All Forty 1° North Card Holders must be at least 21 years of age.
  12. The Guest may specify one spouse or domestic partner as an additional cardholder on the Guest's account (an “Additional Cardholder”). The Additional Cardholder must be provided in writing at the time of enrollment in order for him or her to exercise privileges. The Guest is responsible for all charges made by the Additional Cardholder to the Guest’s house account. No other person aside from the specified spouse or domestic partner may be an additional cardholder. Cardholder must be present for their guests to access Forty 1° North when access is restricted to Cardholders.
  13. Acceptance as a Guest is subject to availability. This agreement is not a license and does not otherwise provide rights to the property other than described herein. The rights of any Guest may be revoked at any time at the discretion of Forty 1° North and the portion of the Fee pertaining to the balance of the season (or week for weekly guests) will be refunded, less any used credits.
  14. Due to private functions, special events, capacity issues or otherwise at the discretion of Forty 1° North, access to the property is subject to availability and the Guest should not assume that the facility will always be available.
  15. Forty 1° North is a non-smoking facility.
  16. Any food and beverage or other credits that remain unused at the end of the program (as set forth in section 19 below) shall expire and are not convertible to cash or a refund.
  17. Parking is not included in the Fee, except for Guests participating in the Premier Forty 1° North program.
  18. The Guest agrees to abide by the rules and regulations and terms and conditions of Forty 1° North, which may be added to or amended at Forty 1° North's discretion.
  19. This Agreement, and the privileges detailed in this Agreement, will expire April 30, 2017.
  20. Specials and promotions are subject to availability and black-outs.
  21. One Complimentary Harbor Tour for the Guest is available June 01, 2016 through August 31, 2016 and requires advance reservations.
  22. Complimentary room nights may be redeemed between November 1, 2016 and March 31, 2017 based upon availability (up to $600 value). Any room nights that remain unused by March 31, 2017 shall expire and are not convertible to cash or a refund.
  23. A complimentary bottle of champagne, chosen by Forty 1° North, will be offered to the Guest on their birthday while dining on property. Champagne must be consumed on premises.
  24. These terms, conditions, and benefits of the 41°N Card program are subject to change at any time without notice.

Release of Liability

I hereby acknowledge that I have voluntarily agreed to be a Guest at Forty 1° North. As lawful consideration for being permitted to utilize the facilities of Forty 1° North, I hereby release for myself, my spouse, my domestic partner, my guests, legal representatives, heirs and assigns, and further waive and discharge Forty 1° North, LLC, 802 Partners, LLC, and Upland Development Partners, Inc. and their officers, directors, members, owners, employees, parent/sub and related entities, heirs, successors and assigns (the "Releasees") from all liability to me, my spouse, my domestic partner, guests legal representatives, heirs and assigns, for any and all loss or damage, and any claim or damage as a result therefrom, on account of injury to my person or property or otherwise, including even such injury as may result in my death, whether caused by negligence of the Releasees above described, or otherwise, while I am for any purpose on the premises of Releasees, whether engaged in physical activity, or otherwise. Further, I agree to indemnify the Releasees, and each of them, from any loss, liability, damage or cost they may incur due to my presence, or the presence of my spouse, my domestic partner, or guests in or upon the premises of Forty 1° North whether said loss, liability, or damage or cost is caused by the negligence of the Releasees, or otherwise. Further, I expressly agree that this release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the state of Rhode Island and that if any portion of the release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself, the Releasees, and Forty 1° North and its affiliates and enter into it of my own free will.