I AGREE
Clicking "I Agree" acknowledges you
have read the below waiver and agree
The contract is for a recreational boat rental.......
1. We do not allow "passenger for hire" events
2. The captain is hired independently of the boat and rental company
3. There is a maximum of 12 guests plus the charterer
4. Charter and guests must comply with harbor, city, state and USCG regulations
RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
1. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to, equipment failure, operator error, perils of the sea, perils of the weather, harm caused by other vessels, collision, sinking, environmental elements, perils of insects and marine life, acts of fellow participants, entering and exiting the water, swimming, boarding or disembarking boats, and activities on the docks. I understand that my participation is entirely voluntary. I HEREBY ASSUME ALL SUCH RISKS WHETHER HEREIN SPECIFICALLY STATED OR NOT.
2. I understand that I have a duty to exercise reasonable care for my own safety and the safety of any minors for whom I am responsible and agree to assume full responsibility for my own safety and the safety of said minors (including, without limitation, following all directions of the Charterer and Vessel’s captain and crew), while participating in the Charter, and verify that I am physically able to participate. I understand that life preservers are provided on the Vessel and should be used in accordance with state and local boating laws and regulations. I agree to abide by all applicable federal, state and local laws and regulations while participating in the Charter, including while on the Vessel, boarding or disembarking the Vessel, or while upon the dock or premises, or in any body of water where the Vessel is taken or operated.
3. I represent that I am physically fit and able to be on a boat and to participate in this Charter, and agree that I will not hold the Vessel or its appurtenances, and/or OWNER and/or OWNER’s officers, directors, shareholders, agents, members, representatives, heirs, and employees responsible or liable if I, or any minor for whom I am responsible, suffers any injuries, whether medical, psychological, accidental, or otherwise, or death, during the course of or as a result of participating in the Charter. I acknowledge and understand that consumption of alcoholic beverages may heighten the risks inherent on the Charter and that consumption of alcohol is solely at my own risk.
4. I understand and acknowledge that OWNER has not made any representations to me, explicit, implied, or otherwise, that they or any captain or crew can or will perform safe rescues or render first aid. In the event a rescue or first aid is attempted and/or rendered, I agree not to hold OWNER or the Vessel and its appurtenances responsible for their actions in attempting said rescue and/or first aid.
5. In consideration of being permitted to participate in the Charter, I and any minors for whom I am responsible, for myself and said minors, my spouse (if any), legal representatives, heirs, next-of-kin, agents, representatives and assigns, hereby knowingly and voluntarily enter into this RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT, and hereby fully and forever waive and release any and all rights, claims, losses, expenses, damages, liabilities, actions, or causes of actions of any kind whatsoever arising out of my/the minor’s participation in the Charter, and do hereby fully and forever release and discharge the Vessel and its appurtenances, and OWNER and OWNER’s officers, directors, shareholders, agents, members, representatives, heirs, and employees (hereinafter collectively referred to as "RELEASEES") for and from any and all liability, claims, demands, actions, causes of action, injuries, including but not limited to, any physical, economic, non-economic, or psychological injury, damage to property, illness, paralysis, death, emotional loss, so-called hedonic damages, non-pecuniary damages, or any other damages and losses whatsoever, that I, or any minors for whom I am responsible, may suffer or incur relating to, as a result of, or arising out of, my/our participation in the Charter, including, without limitation, relating to the Charter and its activities, while on the Vessel, boarding or disembarking the Vessel, while on the dock or premises, or in any body of water where the Vessel is taken or operated.
6. I further agree to indemnify, defend, and hold harmless RELEASEES from and against any and all claims, losses, expenses, damages, liabilities, actions, or causes of actions of any kind and nature whatsoever, including court costs and attorneys’ fees, that they may incur or suffer due to or as a result of my/the minor(s) participation in the Charter, including, without limitation, losses RELEASEES may incur or suffer as a result of my/the minor(s) injuring another person or damaging another person’s property while participating in the Charter, and any other losses incurred or suffered generally relating to my/the minor(s) participation in the Charter and its activities, while on the Vessel, boarding or disembarking the Vessel, or while on the dock or premises, or in any body of water where the Vessel is taken or operated.
7. In signing this RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT, I acknowledge and represent that I have read the foregoing paragraphs, understand them, and sign this document voluntarily and of my own free act and deed. No oral representations, statements, or inducements, apart from this document, have been made. I represent and warrant that I am at least eighteen (18) years of age and fully competent. I EXECUTE THIS RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT FULLY INTENDING TO BE BOUND BY THE SAME AND TO BIND ANY MINORS FOR WHOM I AM LEGALLY RESPONSIBLE. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY.
8. This RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT shall be construed under and governed by Federal Admiralty Law. To the extent Federal Admiralty Law does not apply, the laws of the State of Illinois, excepting for the choice of law rules of said state, shall apply. If any provision shall, for any reason, be found to be invalid, illegal, or unenforceable in any respect, such shall not affect any other provision of this Agreement. Any actions or controversies arising out of or relating to this RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT shall be brought in the federal court of the Northern District of Illinois, Eastern Division, and I expressly agree to submit to the personal jurisdiction of said courts. I agree that this RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT is intended to be as broad and inclusive as permitted by the law.