IMPORTANT NOTICE! THE FOLLOWING DOCUMENTS [COLLECTIVELY, THE

“CONTRACT”] CONTAIN:

(A) THE CONTRACT BETWEEN YOU AND NORWEGIAN CRUISE LINES [THE

“TICKET CONTRACT”] AND

(B) SUPPLEMENTAL TERMS, CONDITIONS AND LIMITATIONS AS BETWEEN

YOU AND SIXTHMAN, LLC WITH RESPECT TO THE CRUISE.

THESE DOCUMENTS CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS.

AND CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND

NORWEGIAN CRUISE LINES AND BETWEEN YOU AND SIXTHMAN (AS

DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS

CONTRACT, PAYING PARTICULAR ATTENTION TO SECTIONS 1, 4 THROUGH

7 AND 9 THROUGH 11 OF THE NORWEGIAN CRUISE LINE GUEST TICKET

CONTRACT (below) AND SECTIONS 1 THROUGH 8 OF THE SIXTHMAN, LLC /

SHIPS & DIP SUPPLEMENTAL TERMS AND CONDITIONS AND RETAIN THEM

FOR YOUR FUTURE REFERENCE.

Terms and Conditions are subject to change at any time. The last update of any

Supplemental Terms and Conditions occurred on April 23, 2008. The Norwegian Cruise

Lines ticketing contract text on this page was current as of April 23, 2008, but could be

changed at any time without notice. For the most current Norwegian Cruise Lines

ticketing contract visit:

http://www.ncl.com/csimages/75/492/Combined_Final_Land%20_Sea_TCs.pdf

All references to "Sixthman" shall be understood to include Sixthman, LLC and any

entity wholly owned by Sixthman, LLC or affiliated through ownership with the owners

of Sixthman, LLC. All references to "NCL" shall be understood to mean Norwegian

Cruise Lines. For purposes hereof, each reference to an NCL "promotional partner" shall

include Sixthman. All references to the "Cruise" or to "Ships & Dip" (or any variation of

the event name) shall be understood to refer to Ships & Dip cruise aboard an NCL vessel.

All references to "Guest" shall have the same meaning as "Passenger" for purposes of this

Contract and shall include each person listed on a Ticket Contract and each person, other

than Sixthman personnel, NCL personnel, and artists and artist personnel, who embarks

on the Cruise or attends any Cruise or Cruise related event, whether or not listed on a

Cruise Ticket Contract. All terms shall be considered gender neutral and pronouns shall

refer to the masculine and feminine as context requires.

Each Guest’s reservation for the Ships & Dip Cruise, acceptance and/or use of the Ticket

Contract, embarkation on the Cruise, and attendance at any Cruise event constitute the

acceptance of and agreement to this Contract, including each and all of the Supplemental

Terms and Conditions hereof and of the NCL Ticket Contract.

By purchasing or accepting the Ticket Contract for the Ships & Dip Cruise, you represent to and for the benefit of Sixthman and NCL that you are authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the Supplemental Terms and Conditions of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only on the vessel and for the voyage and event indicated. This Contract may not be

modified except in writing signed by Sixthman and the NCL Ticket Contract may not be

modified except as provided therein. The terms, conditions and limitations herein shall

apply to any and all disputes between you and Sixthman, regardless whether arising

aboard the vessel or in any other place, location or any mode of transportation

whatsoever. All rights, defenses, disclaimers and limitations of liability set forth herein

shall insure to the benefit of Sixthman, and all concessionaires, independent contractors

or other providers of any services or facilities in connection with or incident to the

Guest’s cruise, as well as any of their affiliated or related companies, parents,

subsidiaries, successors, assigns or fictitiously named entities; and all suppliers,

shipbuilders, component part manufacturers; and their owners, operators, managers,

charterers, agents, pilots, officers, crew, employees and vessels. Neither Sixthman, nor

any of its employees have any authority to change, modify, alter or suspend any of the

provisions of the Contract between the Guest and NCL which shall govern the

relationship between Guest and NCL exclusively.

SIXTHMAN SUPPLEMENTAL TERMS AND CONDITIONS

The following Supplemental Terms and Conditions are incorporated in and made a part

of the Contract between each Guest and Sixthman. Each reservation or acceptance or

utilization of the NCL Cruise Ticket Contract or embarkation on the Cruise or attendance

at any Cruise related event constitutes agreement with and acceptance of the following

Supplemental Terms and Conditions, in addition to the terms and conditions of the NCL

Ticket Contract:

1. Nature of the Cruise

The Ships & Dip Cruise is an event cruise featuring multiple headline musicians. Nothing

contained herein is intended to be, nor shall it be construed as a right or guarantee to

specifically attend any particular concert on any particular date to be performed by any

particular artist. Sixthman and Guest agree that Guest is purchasing passage on board a

specific vessel during a specific period of time during which time it is anticipated that

headline musicians will perform multiple concerts on board the vessel during the Cruise.

Included in such purchase price, but ancillary thereto, is an entertainment package

pursuant to which several artists including will perform at a time or times during the

Cruise which times will be announced prior to sailing and/or during the Cruise. While

every effort is made by Sixthman to avoid conflicting events and performances, Sixthman

cannot guarantee that any Guest will be able to attend every performance aboard the

Cruise. It is also anticipated individual musicians will attend publicity and promotional

events during the Cruise while on board to provide Guests an opportunity to meet the

musicians in person. However, Sixthman can make no guarantee that any guest will in

fact be able to meet any of the musicians in person during the Cruise or during any shore

excursion.

2. Pricing and Payments

Sixthman reserves the right to increase published prices without notice. In the event of

an increase, the Guest has the option of accepting the increased fare or canceling the

reservation without penalty. Payment for the Cruise shall be made in US Dollars.

The minimum payment schedule allows guests to make installment payments on their

cruise over time. The date that you place your reservation will dictate your minimum

deposit amount after which you would be required to make any future payments

according to the schedule.

a. 25% of cruise fees due at the time of reservation and;

b. Additional 25% of cruise fees due on July 17, 2008 and;

c. Additional 25% of cruise fees due on September 2, 2008 and;

d. Final balance of charges due on November 3, 2008

Reservations made after the final payment date of November 1, 2008, require a minimum

50% deposit, and must be paid in full within 30 days of the booking or 35 days from the

departure date (December 26, 2009), whichever come s first.

The Sixthman reservation system will not complete a reservation on a single card that is

declined but will complete a reservation paid for with multiple cards even if one-or-more,

but not all, of the cards are declined. Should your initial payment not meet minimum

payment due at the time of your reservation you will have 48 hours in which to bring

your account into good standing or risk cancellation.

Payments not received by the dates indicated are subject to a late fee of no less than

$35.00 (USD). Any payment not received within 10 days after the scheduled date will be

charged automatically to the credit card on file for the Lead Passenger (as hereinafter

defined) or, in the event the initial payment was made by someone not traveling, the

credit card on file for the initial payment. In such a case the minimum late fee will be

$50.00 (USD). Payments not made or collected within 21 days of the due date will risk

cancellation of the reservation at the cancellation fee outlined below.

In addition to the combined Cruise fare and entertainment fees, Sixthman will collect in

advance all taxes, pre-paid gratuities, port charges and fees, including, without limitation,

a booking fee. The parties agree that the consideration for the entertainment portion of

the Cruise including performance by all musicians on board during the Cruise shall be the

sum of $239.00 (USD). The remaining consideration paid by each Guest for the Cruise

shall be allocated to the ship passage portion including stateroom and meals. The

individual making the reservation for the Ships & Dip Cruise is considered the “Lead

Passenger” in whose name the reservation is held. The consideration for the cruise shall

be deemed to be earned when paid and is not refundable.

3. Changes, Transfers and Cancellation

Terms and conditions defined in this paragraph supersede NCL policies.

Sixthman does offer and RECOMMENDS (but does not require) that each Guest

purchase travel insurance for the Cruise. Because of the nature and uniqueness of the

Ships & Dip Cruise, there is a strict cancellation policy. All changes, transfers or

cancellations may be made only by the Lead Passenger. The Lead passenger, in whose

name the reservation is held, may change the name of any accompanying passenger in the

same cabin once without charge prior to November 3, 2008. Any other reservation

change, subsequent changes to the name of any accompanying passenger in the same

cabin, or any change prior to the final payment date of November3, 2008, will be subject

to a minimum $50.00 administrative fee before the change is effected.

Any reservation change made after November 3, 2008, is subject to the following

administrative fee schedule before the change is effected:

1. Name changes or unknown guest additions made between 11/4/08 & 12/3/08 - $50

per change

2. Name changes or unknown guest additions made between 12/4/08 & 01/2/08 - $75

per change

3. Name changes or unknown guest additions made after 01/2/09 - $100 per change

A reservation for the cruise is valid only for the person(s) named within as Guests and

cannot be transferred without Sixthman's written consent.

With written consent, you may transfer your Lead Passenger status to another party with

a $299 transfer fee charged to the reservation. No lead passenger transfers will be

accepted in the event of a sell out, or after November 3, 2008.

Sixthman will not consent to a reservation transfer during any pre-sale period, after an

event sell-out when a waiting list exists, or after the final-payment date.

Guests may transfer between Sixthman cruises, based on availability, for no fee by

06/30/08. Guest is responsible for any difference in cabin cost. If guest transfers to a

cabin of lesser cost, Sixthman will refund any excess monies paid. Transferring a

reservation between cruises between 06/30/08 & 08/31/08 will incur a $199 fee. No

transfers between cruises will be accepted after 08/31/08.

In the event the reservation is cancelled by the Lead Passenger, Sixthman will make

refunds of payments previously made strictly in accordance with the provisions of this

paragraph. The Lead Passenger and each Guest are strongly urged to consider travel

insurance to protect your trip. In lieu of cancellation, the Lead Passenger may request that

his or her reservation be transferred to another person subject to the written consent of

Sixthman and payment of the above-referenced transfer fee.

The cancellation schedule is as follows:

1. Cancellations made by 07/17/08, incur a $75pp admin fee

2. Cancellations made from 07/18/08 through 09/02/08, incur a 50% penalty of monies

received, plus a $75 pp admin fee

3. Cancellations made from 09/03/08 through 11/03/08, incur a 75% penalty of monies

received, plus a $75 pp admin fee

4. No refunds will be given to cancellations made after 11/03/08

Guests that have purchased cruise insurance and need to cancel for a covered condition

may be able to make a claim with the insurance carrier to recover any lost payments.

Please note that the per person admin fee is based on cabin capacity and not named

guests.

4. Acceptance and Agreement to NCL Ticket Contract

By making the reservation for the Ships & Dip Cruise or by the accepting and/or using

the Ticket Contract by the persons named thereon as Guests, and/or embarking on the

Cruise and attending any Cruise-related events, the Lead Passenger and each Guest on the

same reservation, acknowledges he or she has read, understands and agrees to be bound

by each and every term, condition and provision of the NCL, Inc. passenger Ticket

Contract and agrees to be bound thereby. Each Guest further agrees that, pursuant to the

provisions of paragraph 1(a) of the NCL Cruise Ticket Contract, Sixthman, as charterer

of the vessel, is included within the term “Norwegian Cruise Lines” in the Cruise Ticket

Contract and that Sixthman shall be entitled to the benefit of all rights, terms, conditions,

and limitations granted NCL thereunder as a charterer of the vessel as though Sixthman

were specifically named therein.

5. Breach or Cancellation by Performing Artist

Sixthman has entered into an agreement with each performing artist on Ships & Dip to be

present on board the Cruise and to perform in accordance with terms specified therein.

However, neither Sixthman nor NCL shall be liable or responsible for failure of any artist

or musician to appear on board or to perform under its agreement. Further, neither

Sixthman nor NCL shall be liable or responsible for any loss, damage, cost, or expense of

any kind to any Guest or any other person or entity in the event that such performance is

prevented or such loss, damage, cost, or expense is caused by or results directly or

indirectly from any act of God, war, fire, collision, directions of underwriters, arrest,

order or restraint by any government agency or official acting under color of authority,

acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and

considerations of the safety of the vessel (for which the Master shall be the sole judge),

breakdowns of or damage to the vessel’s hull or machinery, requisition of the vessel by

governmental authority, illness, death of a family member or other cause or circumstance

beyond Sixthman’s reasonable control. In the event of any failure of contracted artists to

perform during the cruise, Sixthman, in its sole discretion, may engage a replacement

artist or artists, or may change, postpone or terminate all or any part of the Cruise or the

entertainment program or change the program or itinerary. In such case, Sixthman, shall

have no liability to any Guest for any loss, damage, cost, or expense whatsoever by

reason of such change.

In any other case including without limitation any breach of contract or failure to perform

by any artist or musician, Guest and Sixthman acknowledge that Guest’s actual losses

arising from such breach, cancellation or termination would be difficult if not impossible

to calculate at the time of entry into this Agreement. A number of factors contribute to

these uncertainties including without limitation the fact that Guest has embarked on a

cruise and other substitute entertainment will be provided for Guest’s enjoyment and the

difficulty of arranging substitute entertainment. Therefore, Guest agrees that the remedies

described herein (substitution for any particular artist or musician or partial refund in the

event of cancellation) represent fair compensation in the nature of liquidated damages to

the exclusion of all other damages payable by Sixthman or Norwegian, whether direct or

indirect, proximate or incidental or consequential, for such modification, cancellation or

termination of the Cruise by Sixthman. If the Cruise is canceled as the result of any

material breach or gross negligence of Sixthman or of a contracted artist or musician,

Guest shall be entitled to the sum of $239.00 representing a pro-rated amount of the

entertainment portion of the consideration paid by Guest. No Guest shall be entitled to

recover any incidental or consequential losses or damages sustained by him or her. Each

Guest agrees this remedy shall be his or her exclusive remedy.

6. Cancellation of the Cruise

NCL has reserved, in paragraph 6 section “a” of the NCL Ticket Contract, the right to

cancel the Cruise, and by extension the Ticket Contract at the port of embarkation or at

any time during the voyage. If the Cruise is cancelled completely prior to embarkation,

each Guest shall receive a refund of his or her passage fare paid. If the Cruise is

cancelled during the voyage, each Guest shall receive a refund of a proportionate part of

his or her passage fare paid. Sixthman shall have no further liability for damages or

compensation of any kind.

7. Age Restrictions

Passengers must be 21 years of age or older on date ship embarks, unless accompanied by

an adult over the age of 25 booked in the same cabin, OR if a parent or legal guardian is

in an adjacent cabin. Ages will be verified at embarkation and any passenger who does

not meet the age requirements will be denied boarding and no refunds will be made.

There are two exceptions:

Married minor couple - The couple must have proof of marriage at embarkation or they

will be denied boarding and no refunds will be issued.

Domestic Partners/Same-Sex Union minor couple – The passengers must be documented

as legal Domestic Partners/Same-Sex Union at the time of booking. The couple must

have legal proof of partnership/union at embarkation or they will be denied boarding and

no refund will be issued.

8. Forum

It is agreed by and between each Guest and Sixthman that all disputes and matters

whatsoever arising under, in connection with or incident to this agreement or to Ships &

Dip Cruise, including any dispute or matter arising out of or related to Guest’s travel to

the vessel involving Sixthman, shall be litigated if at all, before the United States District

Court for the Southern District of Florida in Miami, or as to those lawsuits to which the

Federal Courts of the United States lack subject matter jurisdiction, before a court located

in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other

county, state or country.

Copyright © 2008 Sixthman, LLC. All Rights Reserved. Sixthman, LLC Privacy Policy

IMPORTANT NOTICE: Guests are advised to carefully read the terms and conditions of

the Contract set forth below which affect your legal rights and are binding. Acceptance or

use of this Contract shall constitute the agreement of Guest to the Terms and Conditions.

NCLCRUISE LINE

 

Guest Ticket Contract

1. Definitions: This Contract is between the Carrier and the Guest. The word “Carrier”

means NCL (Bahamas) Ltd. d/b/a NCL and/or NCL America, its subsidiaries, affiliates,

agents, assigns, as well as the named vessel or substitute vessel, including its master and

crew. The “Guest” is each person whose name appears on the face of this ticket and/or

who uses the ticket for passage on the voyage described in the ticket, and includes any

accompanying minors, and any of their heirs, successors, assigns or representatives.

2. The Contract: The Guest agrees that this Contract governs the relationship between the

Guest and the Carrier, regardless of the Guest’s age, whether the Guest purchased the

ticket on his or her own behalf, and/or whether the ticket has been held and/or presented

by another person on behalf of the Guest. The Guest agrees that this Contract constitutes

the entire agreement between the Guest and Carrier, to the exclusion of any prior

representations that may have been made in relation to the cruise to the Guest or anyone

representing him/her by anyone, including but not limited to in the Carrier’s brochures,

advertisements, and other promotional materials, or by third persons such as travel

agents. No person other than the person(s) named in the Guest Ticket Contract can use

the Guest Ticket Contract without the express written agreement of the Carrier. This

Contract is only valid for the cruise specified in the accompanying ticket. The Guest

acquiesces to the terms herein upon payment or, at the latest, upon presenting this

Contract to the Carrier for boarding. The rights, defenses, immunities and limitations of

liability set forth herein shall inure to the benefit of the Carrier and all concessionaires,

independent contractors or other service providers; and affiliated or related companies,

parents, subsidiaries, successors, assigns or fictitiously named entities; all suppliers,

shipbuilders, component part manufacturers; and its or their owners, operators, managers,

charterers, agents, pilots, officers, crew and employees.

3. Terms of Fare: The fare paid by the Guest for this ticket includes transportation on the

vessel named herein, full board, and ordinary ship’s food, but does not include beer,

wine, spirits, sodas or mineral waters, nor service charges or expenses incurred for other

incidental or personal services/purchases. The fare does not include taxes and fees

imposed by governmental or quasi-governmental authorities. If governmental or quasi-

governmental action results in any element of such taxes and fees exceeding the estimates

used by Carrier for purposes of computing the quoted amount, Carrier reserves the right

to pass through the extra amount. The Guest agrees that the Carrier shall not be liable to

make any refund to the Guest for tickets that are wholly or partially unused by the Guest

except as otherwise expressly stated in this Contract, any law or government regulation to

the contrary notwithstanding. Refunds shall be made as specified herein and in the

cancellation policy section of the Terms and Conditions of the cruise brochure, which

policy is incorporated herein by reference.

Certain members of Carrier’s crew are compensated by a combination of salary and

incentive programs that are funded in part by the service charge paid by each Guest. The

charge is intended to reward service provided in certain departments and job categories

and is distributed to employees according to Carrier’s evaluation of job performance. A

portion of the service charge collected by Carrier is also used for fleet-wide crew welfare

programs. For these purposes a fixed service charge of $10 per person per day will be

added to your onboard account. For children ages 3-12, a $5 per person per day charge

will be added to your onboard account; there is no charge for children under the age of

three.

4. Carrier’s Rules and Regulations.

(a) Guest’s Agreement: The Guest agrees to abide by the rules of the Carrier, including,

but not limited to, the rules and regulations particularly set forth below, and to follow the

lawful instructions of the vessel’s officers and crew, at all times. The Guest accepts that

failure to do so constitutes a material breach of this Contract which may subject the

Guest, as well as any accompanying Guest(s), to involuntary disembarkation without

liability to the Carrier for any refund or any other related loss or expense to the Guest,

and any accompanying Guest(s), whatsoever.

(b) Carrier’s Right to Confine, or Refuse or Revoke Passage: The Guest recognizes and

agrees that the Carrier reserves the right, without incurring liability of any kind, to refuse

or revoke passage to, confine to a stateroom, and/or deny any advertised benefit or

service to any Guest who, in the sole judgment of the Carrier or the vessel’s medical

personnel, may be refused admission into a port of landing or into the country of

destination, or may be suffering from a contagious disease, or for any other cause may

endanger themselves or others, or become obnoxious to others. Any Guest who is refused

passage or otherwise denied any advertised benefit or service under this section shall not

be entitled to receive any compensation whatsoever and shall become liable for any

resulting expenses incurred by the Carrier. Guest acknowledges that it is Carrier’s policy

that all Guests must be onboard the vessel one (1) hour prior to sailing at the port of

embarkation and at all ports of call and agrees that it is the Guest’s responsibility not to

miss such final boarding time. Any Guest who fails to board the vessel one (1) hour prior

to departure is at risk of being left at the port of embarkation or port of call. In such

event, Carrier shall have the right without notice to depart without the Guest and Guest

shall be fully responsible to pay for or indemnify the Carrier for all expenses incurred to

rejoin the ship at the next port or for his/her own return passage, including, but not

limited to, government fees or fines, visa fees, subsistence, lodging, air fare, launch fare,

car hire or agency fees. In such event, Guest shall be entitled to no refund and shall be

deemed to have breached this Guest Ticket Contract. Further, in such event, the entire

fare shall be deemed fully earned by Carrier and no portion thereof shall be recoverable

by Guest.

(c) Guests under 21: Any Guest under 21 years of age is considered a minor who must be

accompanied by a Guest over age 21, in the same or an adjoining stateroom, who

expressly agrees to be responsible for the under-21 Guest throughout the cruise. The

Guest agrees that this responsibility includes, but is not limited to, preventing the under-

21 Guest from violating the ship’s rules, including preventing the under-21 Guest from

purchasing and/or consuming alcohol and/or gambling on board the vessel, except as set

forth herein. Guests must be 21 years of age or older to purchase or consume alcohol,

except that Guests 18 through 20 years of age are permitted to purchase and consume

beer and wine only, when in international waters, on voyages apart from Alaska and

Hawaii, if accompanied by one or more of their parents or a legal guardian who gives

written consent. Guests must be 18 years of age to engage in gambling on the vessel.

(d) Minors: If the Guest is an adult accompanying a minor or minors, and the adult Guest

is not a spouse, parent, or legal guardian of the minor(s), the adult Guest must present an

original, notarized parental/guardian consent letter authorizing the minor’s travel, and

further authorizing medical treatment in case of emergency, to a representative of the

Carrier at the pier. If the adult Guest is the spouse of a minor, the adult Guest must

present a certified copy of a valid marriage certificate to a representative of the Carrier at

the pier. Failure to present such documentation may result in boarding being denied with

no refund provided. When accompanying a minor or minors on the vessel, the adult

Guest agrees to be the agent of such minor(s) for all purposes, to accept full responsibility

for supervising such minor(s) and to bear full responsibility for the actions of such

minor(s). The adult Guest further agrees that the Carrier is not liable for injury to

minor(s) in the adult Guest’s charge arising from the willful or negligent acts or

omissions of other Guests or persons who are otherwise not acting on behalf of the

Carrier. The adult Guest also agrees that under no circumstances will a minor be left

aboard the vessel, other than in the care of the ship’s Kids’ Crew or Teen’s Crew

programs, while the adult Guest responsible for the minor leaves the vessel for any

reason, and in such circumstance to indemnify and hold Carrier harmless for any and all

loss, injury, or death of the minor or any other person involving the minor whatsoever.

(e) Forbidden Articles: The Guest agrees not to bring on board the vessel, under any

circumstances, any firearms or weapons of any kind, ammunition, explosives, or other

substances of a dangerous nature, nor animals of any kind, except service or guide

animals, provided that the Guest notifies the Carrier, prior to the cruise, of the Guest’s

intention to bring such animal and agrees to accept full responsibility for any expense,

damage, losses, or injuries associated with or caused by such animal. The Guest further

understands and agrees that any alcoholic beverages purchased ashore shall not be

brought or consumed aboard the vessel under any circumstances, but shall be delivered to

the ship’s crew at the gangway to be retained by the Carrier until the Guest disembarks at

the end of the voyage. The Guest assumes all responsibility for complying with any

applicable customs or import laws relating to any such purchase.

(f) No Soliciting: The Guest shall not solicit other Guests, the Carrier’s employees,

personnel or agents during the voyage with respect to any professional, commercial, or

business activity, whether for profit or otherwise, without the prior written consent of the

Carrier.

(g) Special Medical Care; Fitness to Travel: The Guest acknowledges that medical care

while on a cruise ship may be limited or delayed and that the vessel may travel to

destinations where medical care is unavailable. Therefore, the Guest warrants that the

Guest and those for whom the Guest is responsible are fit to travel. Any condition of the

Guest that may require special attention, accommodation or treatment of any kind must

be reported to the Carrier when a reservation is requested. A medical certificate certifying

fitness for travel may be required of any Guest at the Carrier’s request. The Guest agrees

not to present herself for boarding under any circumstances if, by the time the Guest will

conclude her travel with the Carrier, she will have entered the 24th week of pregnancy.

The Guest further understands and agrees that no infants under the age of six (6) months

are permitted aboard the vessel. Guests with special needs are advised that certain

international safety requirements, shipbuilding requirements, and/or applicable

regulations may cause difficulty for mobility-impaired persons or persons with severely

impaired sight and/or hearing. Guests requiring the use of a wheelchair must provide their

own as any wheelchairs available on the vessel are for emergency use only. For the

convenience and comfort of such Guests, they are strongly encouraged to bring a

collapsible wheelchair. Guests are advised that standard cabins are not designed to be

barrier free and wheelchair accessible. The Carrier reserves the right to refuse or revoke

passage to anyone who fails to notify Carrier of any physical or emotional condition

which may require special assistance or accommodation, or who is, in the sole judgment

of the Carrier or vessel’s medical personnel, as a result of such condition, unfit for travel,

or who may require care, treatment or attention beyond that which the Carrier can

provide. In such circumstances the Carrier shall have no liability to the Guest whatsoever.

Guests may not be able to participate in certain activities or programs either aboard the

vessel or onshore at ports of call if to do so would create a risk of harm to themselves or

any other Guest.

(h) Liability of the Guest: The Guest shall be liable to and shall reimburse Carrier for all

damages to the vessel and its furnishings and any equipment or property of the Carrier or

any other Guest caused directly or indirectly, in whole or in part, by any act or omission

of the Guest or those for whom the Guest is responsible, whether willful or negligent.

The Guest shall further indemnify the Carrier and each and all of their agents or servants

for all liability whatsoever arising from any personal injury, death or damage or loss

whatsoever caused directly or indirectly, in whole or in part, by any willful or negligent

act or omission on the part of the Guest or those for whom the Guest is responsible.

5. Limitations and Disclaimers of Liability:

(a) The Carrier and the Guest hereby agree there is no warranty, whether express or

implied, as to the fitness, seaworthiness, or condition of the vessel or any person on

board, or any food, drink, medicine, or provisions supplied on board the vessel. The

Guest acknowledges that the Carrier is not an insurer of his or her safety during the

course of the voyage, and the Guest agrees that the Carrier shall not be liable in any

circumstances for any incident or injury arising from events occurring outside of the

Guest areas of the vessel or outside of the vessel itself, including but not limited to those

events occurring ashore (including shore excursions), on tenders not owned or operated

by the Carrier, on or resulting from equipment not a part of the vessel, or upon docks

and/or piers, or involving persons employed on board the vessel acting outside the course

and scope of employment.

(b) The Carrier disclaims all liability to the Guest for damages for emotional distress,

mental suffering or psychological injury of any kind not resulting from a physical injury

to that Guest, from that Guest having been at risk of actual physical injury, or

intentionally inflicted by the Carrier.

(c) On cruises that neither embark, disembark nor call at any U.S. port, the Carrier shall

be entitled to any and all limitations and immunities provided under the Athens

Convention Relating to the Carriage of Passengers and Their Luggage by Sea of 1974, as

amended by the Protocol to the Convention Relating to the Carriage of Passengers and

Their Luggage by Seaof 1976, which limits Carrier’s liability for death or personal injury

of a Guest to no more than 46,666 Special Drawing Rights as defined therein

(approximately U.S. $67,000 which fluctuates depending on the daily exchange rate

printed in the Wall Street Journal). In addition, and on all other cruises, Carrier and the

vessel shall have the benefit of any statutory limitation of liability or exoneration of

liability available in the applicable forum, or under any applicable national or

international law, including, but not limited to, 46 U.S.C. §§ 30501 through 30509 and

30511.

(d) The Carrier shall not be liable for any injuries or damages which occur while

participating in athletic or recreational activities aboard the vessel or onshore at any port

of call, including, but not limited to, Guest participation in snorkeling programs or Guest

usage of any paddleball, gymnasium, jogging, swimming, diving, health club and sauna

facilities. By utilizing said facilities, the Guest agrees to assume all risks arising

therefrom and does hereby fully release and discharge the Carrier from any and all

claims, demands, damages, causes of action, present or future, whether the same be

known, anticipated or unanticipated, resulting from or arising out of the Guest’s use or

intended use of said facilities.

(e) For further provisions regarding limitations of the Carrier’s liability, see also Sections

7 and 8, below.

6. Vessel and Voyage:

(a) Risk of Travel: The Guest admits and acknowledges that travel by ocean-going vessel

occasionally presents risks and circumstances that may be beyond the ability of the

Carrier to reasonably control or mitigate. The Guest’s understanding includes all risks of

travel, transportation, and handling of Guests and baggage. The Guest therefore assumes

the risk of and releases the Carrier from any injury, loss, or damage whatsoever arising

from, caused by, or in the judgment of the Carrier or Master rendered necessary or

advisable by reason of: any act of God or public enemies; force majeure; arrest; restraints

of governments or their departments or under color of law; piracy; war; revolution;

extortion; terrorist actions or threats; hijacking; bombing; threatened or actual rebellion,

insurrection, or civil strife; fire, explosion, collision, stranding or grounding; weather

conditions; docking or anchoring difficulty; congestion; perils of the sea, rivers, canals,

locks or other waters; perils of navigation of any kind; lack of water or passageway in

canals; theft; accident to or from machinery, boilers, or latent defects (even though

existing at embarkation or commencement of voyages); barratry; desertion or revolt of

the crew; seizure of the vessel by legal process; strike, lockout or labor disturbance

(regardless whether such strike, lockout or labor disturbance results from a dispute

between the Carrier and its employees or any other parties); or from losses of any kind

beyond the Carrier’s control. Under any such circumstances the voyage may be altered,

shortened, lengthened, or cancelled in whole or part without liability to the Carrier for a

refund or otherwise.

(b) Substitute Vessel: If the vessel does not sail on or about the advertised or scheduled

date for any reason, including fault of the Carrier, the Guest agrees that the Carrier shall

be entitled to substitute any other vessel or means of transportation, regardless of whether

owned or operated by the Carrier, and to re-berth Guests thereon or, at the Carrier’s

option, to refund the fare paid or a pro rata portion thereof, without further liability for

damages or losses of any kind whatsoever.

(c) Itinerary Deviation: The Guest agrees that the Carrier has the sole discretion and

liberty to direct the movements of the vessel, including the rights to: proceed without

pilots and tow, and assist other vessels in all situations; deviate from the voyage or the

normal course for any purpose, including, without limitation, in the interest of Guests or

of the vessel, or to save life or property; put in at any unscheduled or unadvertised port;

cancel any scheduled call at any port for any reason and at any time before, during or

after sailing of the vessel; omit, advance or delay landing at any scheduled or advertised

port; return to port of embarkation or to any port previously visited if the Carrier deems it

prudent to do so; substitute another vessel or port(s) of call without prior notice and

without incurring any liability to the Guest on account thereof for any loss, damage or

delay whatsoever, whether consequential or otherwise.

(d) Transfer: The Guest agrees that the Carrier has an absolute right to transfer the Guest

and/or the Guest’s baggage to other carriers, whether by water, rail or air, to or toward

the ultimate destination. In the event such substituted passage is for the convenience of

the Carrier, it shall be at the Carrier’s cost. Otherwise, it shall be at the cost of the Guest.

(e) Compliance with Government Orders: The Carrier shall have the absolute right,

without liability for compensation to the Guest of any kind, to comply with governmental

orders, recommendations or directions, including but not limited to those pertaining to

health, security, immigration, customs or safety. In the case of quarantine, the Guest

agrees to bear all risks, losses and expenses caused thereby and will be charged for

maintenance, payable day-by-day, if maintained on board the vessel for such period of

quarantine. The Guest assumes all risks and losses occasioned by delay or detention

howsoever arising. Costs connected with embarkation or debarkation of Guests and/or

baggage and costs of transfer between vessel and shore as a result of the circumstances

enumerated in this paragraph must be borne by the Guest.

7. Baggage and Valuables:

(a) The term “baggage” means suitcases, valises, satchels, bags, hangers or bundles and

their contents consisting of clothing, clothing accessories, toilet articles, and similar

personal effects, including all other personal property of the Guest not in a container. The

Carrier does not undertake to carry as baggage any tools of trade, household goods,

fragile or valuable items, precious metals, jewelry, documents, negotiable instruments, or

other valuables, including but not limited to those specified in 46 U.S.C. § 30503. The

Guest warrants that no such items will be presented to the Carrier within any receptacle

or container as baggage, and hereby releases the Carrier from all liability whatsoever for

loss of or damage to such items when presented to the Carrier in breach of this warranty.

The Guest further warrants that he or she has not carried onto the vessel any goods or

articles for purposes of trade or commerce, nor contraband, nor goods or articles which

otherwise may violate the customs laws of the country from which the vessel embarks or

of any other port State visited by the vessel during the course of the voyage, and the

Guest agrees to indemnity the Carrier for any fines, duties, taxes, or other penalties that

may be incurred as a result of any item brought on board by the Guest. The Carrier shall

not be liable for any loss of or damage to any perishable items, dentures, optical devices

(including contact lenses), medications, cameras, recreational and/or sporting equipment,

cash, securities or other negotiable instruments under any circumstances whatsoever,

whether carried within the Guest’s baggage or otherwise.

(b) The Guest and Carrier agree and stipulate that the aggregate value of all the Guest’s

baggage and any other property lawfully brought on board by the Guest does not exceed

U.S. $100.00 and any liability of the Carrier or the vessel for any cause whatsoever with

respect to said baggage shall not exceed such sum unless the Guest shall specify its true

value, in writing, and pay to the Carrier before embarkation 5% of the excess of such

value, in which case the Carrier’s liability, if any, shall be limited to the actual damage

sustained up to, but not exceeding such specified value. In no event shall Carrier be liable

for normal wear or tear of the Guest’s property or baggage.

(c) The Guest agrees that all disclaimers and limitations of liability contained herein shall

apply to all valuables stored or accepted for storage by the Carrier, including valuables

stored with the Carrier in safety deposit boxes or security envelopes. The Carrier cannot

accept responsibility for, and in no event shall be liable for, the loss of or damage to

valuables or other articles left in cabins, and in no event shall the Carrier be liable for loss

of or damage to property of any kind not shown by the Guest to have occurred while in

the Carrier’s actual custody.

(d) The Guest agrees to promptly report any loss of or damage to baggage during loading

or disembarking, to the Carrier’s personnel, prior to debarking the customs area; the

Carrier shall not be responsible for any such loss or damage which is not so reported.

Liability, if any, for loss or damage to baggage occurring elsewhere than on board the

vessel in connection with air, car, motor coach, ground transfers, porters, stevedores

and/or hotels shall rest solely with the person or entity providing such services and the

Guest agrees that the Carrier does not guarantee the performance of such services and

shall not be liable in any respect or capacity for any such loss or damage.

(e) The Guest will not be liable to pay nor entitled to receive any general average or

salvage contribution or award in respect to property taken by the Guest onto the vessel.

8. Independent Contractors:

(a) Off-Vessel Transport and Activities: The Guest recognizes and agrees that, if and

when the Carrier makes arrangements for the Guest for air transportation, hotel

accommodations, ground transfers, shore excursions, and/or for other transportation,

activities, services, facilities or amusements occurring off of the vessel, the Carrier does

so solely for the convenience of the Guest, the Carrier does not act on behalf of or

supervise the parties or persons who own, furnish, or operate such conveyances, services

or facilities, and the same are provided by independent contractors who work directly for

the Guest and are subject to such terms, if any, appearing in the tickets, vouchers or

notices of such party or parties. Therefore, the Guest agrees that the Carrier assumes no

responsibility for, nor guarantees the performance of, any such person, party, contractor,

service or facility, and that the Carrier shall not be liable for losses or injuries arising

from the acts or omissions of such person, party, contractor, service or facility.

(b) Other Independent Contractors: The Guest recognizes that the persons providing other

personal services offered on the vessel, including but not limited to, hairdressers,

manicurists, personal trainers, and/or massage therapists are independent contractors who

work directly for the Guest, and that the Carrier shall not be held liable for any loss or

injury arising from the performance of such services.

(c) Payment for Optional Services: Such parties or persons described in sub-sections (a)

and (b), above, shall be entitled to make a proper charge for any service performed for or

on behalf of the Guest and the cost of such service shall be the sole responsibility of the

Guest.

(d) For-Profit Entity: Notwithstanding that the Carrier, at the Guest’s option, arranges air

transportation, hotel accommodations, ground transfers, shore excursions and other

services with independent suppliers of suchservices, the Guest understands and agrees