FUBAR Odyssey: Presented by San Diego Yacht Club and Mexico Tourism Board

ENTRY AGREEMENT (enter data into each field below)
This agreement ("Agreement") entered into on 2009 is between San Deigo Yacht Club, a California corporation (hereinafter "SDYC") and (hereinafter "the Owner") and covers participation in the FUBAR Odyssey Rally 2009 (hereinafter "FOR") by the yacht , which will be captained by for the period of the FUBAR Odyssey Rally 2009 departing San Diego, 11/14/09 and arriving in La Paz on 11/26/09, weather permitting, and governs the terms under which the Yacht shall be operated in the Rally.
1. OBJECTIVE
The Rally is an event organized by SDYC for qualified yachts capable of meeting the FOR standards for coastal cruising. The purpose of the Rally is to provide a safe and enjoyable cruising opportunity from San Diego to La Paz. The Rally is scheduled with 6 stops on the West and East Coast of Baja ending in La Paz. Participants can depart from the Rally at any point along the route. Those who depart before La Paz will no longer be considered part of the Rally. Owner Initials Required
2. GOOD SEAMANSHIP
SDYC expects each Owner and Captain in this Rally to exercise sound judgement and to be guided by the dictates of good seamanship. The Owner and the Captain agree that nothing in this Agreement shall override the responsibility of any Owner or Captain to make his or her own decisions based upon the dictates of good seamanship, circumstances and sea conditions, and other events or conditions. Owner Initials Required
3. SAFETY
All yachts must comply with US Coast Guard regulations for coastal cruising and all FOR requirements in this agreement. Owner Initials Required
4. INVITATIONAL RALLY
Priority Group: Boats willing to take staff and press will be considered part of this group. Entries from these yachts will be responded to by April 6th after receiving their completed application. A completed application includes the Boat Application, Entry Agreement, digital picture of the boat and the entry fee of $765. Independent Group: Applications from the Independent Group (not from the Priority Group) will be held until April 1, 2009. Starting April 2, 2009, the completed applications will be responded to within 10 days of receipt. The Independent Group applicants will receive consideration according the their entry date. A completed application includes the Boat Application, Entry Agreement, digital picture of the boat and the entry fee of $765. Qualifications: All boats must be able to: Do 450 nautical miles @ 8.5kts without refueling Use diesel engines Cruising alternators or genset with inverter Boat must be seaworthy and capable of passing Coast Guard inspection and FUBAR inspection 25 watt VHF radio and backup Owner Initials Required
5. ENTRY LIMITS
The rally is limited to a maximum of 50 yachts, including a maximum of 30 yachts that need to be fueled at Turtle Bay. Once the upper limit is reached, a waiting list will be established. The FOR committee will be the sole judge in determining which yacht(s), if any, from the waiting list will be issued invitations. This waiting list will receive all the same information as the Priority list so they will be aware of what is expected of the accepted participants. Owner Initials Required
6. FINAL ACCEPTANCE AND CERTIFICATION FOR DEPARTURE
The parties agree that to be certified for departure on the Rally, the Yacht must have completed, to the sole satisfaction of FOR, a pre-departure mechanical, electrical, and safety survey. The Captain and Owner shall complete all recommendations on the pre-departure survey. Recommendations must be completed prior to departure date in San Diego, CA on Saturday November 14, 2009. Owner Initials Required
7. ARRIVAL IN SAN DIEGO
Participants must check-in at the FOR office on Monday, November 9, 2009. Immigration forms must be completed and turned in to the FUBAR Staff at SDYC no later than November 11, 2009. Owner Initials Required
8. ESCORT VESSELS
FOR shall furnish vessels to escort the fleet and there will be a "sweep-up" position at the rear of the fleet. The escort vessels will stay in VHF range. An escort vessel will carry personnel to support the rally and experts capable of making decisions such as Doctors, Mechanics, EMT's, etc. These professionals will attempt to assist in any emergency in safe conditions. They will not be responsible for refueling, towing or putting out fires. They may be able to assist a disabled vessel by towing it to the next safe port or anchorage under safe conditions. Consideration would be given to towing a disabled vessel only if the vessel is equipped with a suitable towing bridle and 300 feet of appropriate line. While not underway, the staff aboard the escort vessels will make every effort to assist in maintaining the participating boats in operational condition. Owner Initials Required
9. RECOMMENDED SPARES AND REPAIRS
In the interest of self-sufficiency, the Yacht shall carry spare parts and supplies as recommended by FOR's technical committee. Owner Initials Required
10. CREW
The minimum number of qualified watch standers for the Yacht will be four ("Crew Minimum"), which FOR considers the minimum number for safe operation. Qualified crew must be at least age 18. While FOR maintains a list of potential crewmembers on the FOR website, crew selection is the responsibility of the Captain or Owner, and the Captain and Owner specifically acknowledge that by providing names on the list of potential crewmembers, FOR is not endorsing, recommending or approving of persons so listed. FOR strongly recommends that the Captain or Owner personally interview each prospective crewmember to make certain that crewmembers being considered: Have no serious medical conditions which would conflict with a lengthy offshore cruise aboard a yacht Can document the experience they claim to have Are not troubled by seasickness Have valid passports Are US or Canadian citizens or otherwise meet passport and visa requirements for the countries to be visited Are not felons A waiver and release of Liability and Indemnity agreement will be required to be signed by each crewmember before departure. Waivers will be available at check in. Owner Initials Required
11. INSURANCE
Participants willbe required to maintain Protection and Indemnity insurance coverage with a minimum limit for $500,000. In addition it is also recommended, but not required, that each vessel carry Hul coverage sufficient to cover the owner's investment. Owner Initials Required
12. COMMUNICATIONS
The participants agree that reliable 25-watt VHF radio communications will be a vital element in the safety and security of this Rally. The Captain and Owner shall arrive in San Diego, on or before November 9, 2009, with all communications systems installed, tested, and working effectively. The Yacht will carry a back-up VHF of the owner's choice. Owner Initials Required
13. EMERGENCY POSITION INDICATING RADIO BEACH (EPIRB)
It is recommended that the Yacht shall carry at least one duly registered 406 MHz Emergency Position Indicating Radio Beacon (EPIRB) and the EPIRB shall have an approved hydrostatic release so it will float free in the event the vessel should sink. FOR recommends, but does not require, a backup EPIRB (also duly registered) be carried, either in the Yacht's ditch bag of packed inside the Yacht's primary life raft. FOR recommends, but does not require, that each EPIRB be a GPS-capable unit, with a built-in GPS, commonly referred to as a "GPIRB". Owner Initials Required
14. FLAG REQUIREMENTS
Yachts will be required to fly the rally burgee, Mexican flag and their country's flag per Chapmen's flag etiquette. Owner Initials Required
15. RALLY FEE
In consideration of the entry fee below, SDYC shall require the follwing: The rally fee of $765 will accompany the Application. This fee will be refunded if the Yacht is not accepted. If the Yacht is accepted but subsequently cancels the following schedule for refunds will appy:
April 10 - May 10, 2009 = May 11 - June 10, 2009 = June 11 - July 10, 2009 = July 11 - July 31, 2009 = After July 31, 2009 =		$600 $450 $300 $150 No Refund
Crew Fees The parties agree that additional fees for crewmembers over 4 persons will be required, to be paid before departure. A fee schedule will be available before departure. Owner Initials Required
16. PAYMENT METHODS
The parties agree that fees will be paid in US Dollars. Payment will be by SDYC Member Charge or Credit Card. Credit Card payments will be processed online via Google Checkout with the latest in standardized online transaction processing. Owner Initials Required
17. CANCELLATION
FOR reserves the right to cancel the Rally for any reason at its sole discretion. In the event such a cancellation occurs before the start, all deposits, entry fees and crew fees paid to FOR will be redistributed to the paid entrants. However, FOR shall not be responsible for any expenses in preparation of the Rally, such as equipment upgrades, provisions, or any other expenses incurred by the Owner, other than the Rally fees collected by FOR. Owner Initials Required
18. RULES
The Captain and Owner shall follow and abide by the Rally Rules and such other rules as may be established and promulgated by SDYC and the FOR. Owner Initials Required
19. INDEMNITY FOR REPRESENTATIONS
Owner hereby specifically agrees to indemnify, defend and hold harmless, the FOR and San Diego Yacht Club and their respective members, shareholders, directors, partners, sponsors, advertisers, employees, contractors, insurers, and assigns, from any and all manner of action and actions, cause or cause of action, suits, debts, dues, liabilities, losses, demands, costs, sums of money, acounts, reckonings, damages, judgments, executions, claims and demands whatsoever, in law or in equity, known or unknown, including without limitation, attorneys fees and costs (collectively, "Claims") arising out of or in connection with (i) participation in the Rally of the Owner, the Yacht, or the Captain or crew members of the Yacht, or (ii) the breach of any of the representations or terms and conditions set forth in this Agreement. Owner Initials Required
20. ARBITRATION
Any controversy or claim between any parties to this Agreement arising out of or relating to this Agreement, or any breach thereof, shall be settled by arbitration in accordance with the Commerical Arbitration Rules of the American Arbitration Association. Notice of the demand for arbitration shall be made in writing to the other Parties and to the American Arbitration Association. Such demand shall be made within 30 days time after the claim or disputes arises. Any such arbitration shall be held in San Diego County, California. Judgment upon the award rendered by the arbitrator(s) shall be final and binding and may be entered by any court having jurisdiction over any party against whom such an award is entered. The parties as of the date first written above enter into this Agreement.
Signed by:		Signed by:
For FUBAR Odyssey		For Yacht:
Kemp Ruffner, Co-Chairman Val Farrell, Co-Chairman FUBAR Odyssey 2009		Owner Full Name: Email Address: