TERMS & CONDITIONS

Last updated: 12/3/25

Welcome to Blue Giants. These Terms & Conditions (“Terms”) outline the legal agreement between you (“you,” “guest,” or “participant”) and Blue Giants (“we,” “us,” or “our”). By accessing our website, making a booking, joining a tour, or participating in any of our services, you agree to these Terms.

If you do not agree, please do not use our website or services.

1. General Conditions of Participation

By booking a tour or participating in any Blue Giants activity, you confirm that:

• You have read and agree to these Terms

• You are at least 18 years old, or a parent/legal guardian booking for a minor

• All information you provide is accurate and complete

• You accept all inherent risks associated with marine wildlife tours and boating

• You will comply with all crew instructions for your safety and the safety of others

2. Assumption of Risk (Injury, Harm, or Death)

Marine wildlife tours and boating involve inherent risks, including but not limited to:

• Slippery or unstable surfaces

• Vessel motion, sudden movements, or impacts from waves

• Rough seas, swell, or unpredictable weather

• Falling overboard

• Drowning

• Wildlife unpredictability

• Slips, trips, and falls

• Seasickness

• Equipment failure or mechanical issues

• Delayed emergency response due to ocean conditions

• Serious injury or, in rare cases, death

By participating, you voluntarily accept all such risks.

You understand that safety instructions are for your benefit and agree to follow them at all times.

3. Health & Fitness Requirements

You are responsible for ensuring that you and anyone you book for:

• Are physically able to participate

• Do not have medical conditions made unsafe by boat motion or ocean conditions

• Are not under the influence of drugs, cannabis, or intoxicated levels of alcohol

• Can board, move about, and disembark safely

We reserve the right to deny participation to anyone we believe may pose a risk to themselves or others.

4. Wildlife Unpredictability

Whales and wildlife are fully wild animals.
We do not guarantee sightings, behaviors, proximity, or specific species.

We are not responsible for:

• Failure to see wildlife

• Wildlife choosing not to approach

• Missed photo opportunities

• Differences in appearance or behavior from expectations

5. “See Whales or Come Back Free” Guarantee

If no whales are sighted, you may return for one future tour free of charge, subject to:

• Valid for as long as Blue Giants continues whale watching operations

• Expires if whale tour operations cease or change significantly

• One complimentary return ticket per paid guest

• Must be booked in advance

• Non-transferable

• Subject to availability

• Applies only to tours of equal or lesser duration

• Does not apply to private charters

• Whether a tour qualifies as whale-less is determined solely by the Blue Giants naturalist or guide

Guests who miss their tour, arrive late, or violate safety policies do not qualify.

6. Cancellations, Refunds & Rescheduling

By booking, you agree to the separate Refund & Cancellation Policy, which forms part of these Terms.

Key points:

• Refunds are not available for guest cancellations

• You may reschedule once if requested more than 48 hours in advance

• Within 48 hours → no refund, no reschedule

• No-shows or late arrivals → no refund or reschedule

• Weather cancellations → refund or reschedule

7. Weather, Safety & Operational Changes

We may cancel, shorten, or modify tours at any time due to:

• High swell or unsafe seas

• Strong winds or poor visibility

• Marine hazards

• Mechanical problems

• Wildlife behavior

• Captain or crew discretion

• Emergency situations

Such changes do not entitle guests to compensation beyond the Refund Policy.

We are not responsible for travel, lodging, or other costs.

8. Alcohol & Drug Policy

• Guests may bring limited personal alcohol on board, but it is not recommended

• Excessive alcohol consumption is prohibited

• Intoxicated guests may be denied boarding with no refund or reschedule

• Illegal drugs, smoking, and vaping are not allowed onboard

Safety is the priority, and crew decisions are final.

9. Late Arrivals

The vessel leaves on time.

Guests arriving after boarding begins or after departure:

• Will not be permitted to board

• Will not receive a refund, credit, or reschedule

This applies regardless of traffic, parking, public transit, or personal delays.

10. Minors

• Anyone under 18 must be accompanied by a parent or legal guardian

• Guardians accept all risks on behalf of minors

• Guardians are responsible for supervising minors at all times

11. Personal Belongings

Blue Giants is not responsible for the loss, damage, or theft of personal items, including:

• Cameras

• Phones

• Bags

• Clothing

• Eyewear

• Electronics

Guests are responsible for securing their belongings.

12. Conduct & Safety Compliance

Guests must:

• Follow crew instructions

• Remain seated when told

• Wear safety equipment as instructed

• Not interfere with wildlife

• Behave respectfully toward others

We may remove or refuse service to any guest whose behavior is unsafe or disruptive, without a refund.

13. Photo & Video Release (With Opt-Out Option)

By joining a tour, you grant Blue Giants permission to capture photos and video that may include you, for use in:

• Education

• Outreach

• Conservation awareness

• Marketing

• Research documentation

If you do not wish to appear in photos or videos, you must inform the crew before or during the tour, and reasonable efforts will be made to honor your request.

14. Website Use

You agree not to:

• Copy or misuse website content

• Attempt unauthorized access

• Interfere with functionality

• Use the site for illegal or disruptive behavior

15. Intellectual Property

All online content (text, photos, graphics, logos, research summaries, etc.) is owned by Blue Giants and may not be used without permission.

16. Limitation of Liability

To the fullest extent permitted by law, Blue Giants is not liable for:

• Injuries

• Illness

• Seasickness

• Property damage

• Loss of personal items

• Emotional distress

• Accidents

• Slips, trips, or falls

• Wildlife behavior

• Vessel motion

• Drowning or falling overboard

• Serious injury or death

Your participation is voluntary and at your own risk.

17. Force Majeure

We are not liable for delays, cancellations, or changes caused by:

• Weather

• Natural disasters

• Government restrictions

• Mechanical failures

• Emergencies

• Events beyond our control

18. Severability

If any part of these Terms is found invalid, the remaining sections still apply.

19. Entire Agreement

These Terms, along with our Refund Policy and Privacy Policy, constitute the entire agreement between you and Blue Giants.

20. Governing Law

These Terms are governed by California law.
Any disputes must be resolved in California courts.

21. Contact Us

Blue Giants
info@bluegiants.org
San Francisco, CA
www.bluegiants.org