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41°N Card
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  1. Upon approval and receipt of payment of the fee associated with the selected program (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. 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 the Guest and the Guest agrees that any house charges will be charged to the Guest’s credit card. Debit cards will not be accepted. The Guest will receive a periodic billing statement by email indicating charges and payments made to the Guest’s house account.
  5. Forty 1° North credit may be used only against food and beverage charges at The Grill.
  6. The Guest should take care to safeguard the 41°N Card. In the event the Forty 1° North 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. The Guest’s house account shall be charged $25 for each replacement card issued to a Guest or in the event the Guest Card is not returned upon the request of Forty 1° North.
  8. Reservations for food and beverage facilities are encouraged and required for additional guests over the specified card limit. Additional guests may be accommodated for meals at the discretion of Forty 1° North by advance reservation.
  9. Guests must provide in advance the name of their spouse/partner in order for him or her to exercise privileges. Cardholder must be present for their guests to access Forty 1° North.
  10. 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.
  11. 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.
  12. Forty 1° North is a non-smoking facility.
  13. Any food and beverage or other credits that remain unused at the end of the annual program (as set forth in section 16 below) shall expire and are not convertible to cash or a refund.
  14. Parking is not included in the Fee, except for Guests participating in the Premier Forty 1° North program.
  15. The Guest agrees to abide by the rules and regulations of Forty 1° North, which may be added to or amended at Forty 1° North’s discretion.
  16. This Agreement, and the privileges detailed in this Agreement, will expire April 30, 2011.
  17. Specials and promotions are subject to availability.


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 guests, legal representatives, heirs and assigns, and further waive and discharge Forty 1° North, LLC and 802 Partners, LLC, their officers, directors, members, owners, employees, parent/sub and related entities, heirs, successors and assigns (the “Releasees”) from all liability to me, my spouse, 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 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 and Forty 1° North and its affiliates and enter into it of my own free will.