In exchange for Cycleboat Boston, LLC providing access to and use of the Cycleboat and any related services, amenities, or experiences (hereinafter referred to as the “Activity”), I, on behalf of myself and any children under the age of 18 to whom I am a parent, legal guardian, or otherwise have in my care and custody, my heirs and personal and legal representatives, hereby execute and remit this Release of Liability, Assumption of Risk, and Indemnification Agreement (this Agreement”) in favor of Cycleboat Boston, LLC. Please initial next to each item indicating that you have read, understand, and agree: 1. By riding onboard this vessel, I, acknowledge that the Activity is potentially hazardous and may result in minor or serious injury, death, sickness or property damage. Situations which may arise resulting in the above-mentioned casualties may include but are not limited to: - Changes in weather and water conditions and currents, lightning, hypothermia, or dangerous wildlife;
- Conduct of third parties at the departure and arrival docking areas and in other vessels on the water;
- Amplification of existing or new medical conditions resulting from physical activity;
- Falling into the water, whether or not wearing a life jacket
- Falling or slipping on the dock or Cycleboat due to slippery conditions or turbulent waters or weather;
- Injury or death related to consumption of food or alcohol;
- Failure of equipment onboard the vessel; and
- Injury or sickness of the Captain.
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest staff member immediately; 2. I understand that the above risks cannot be eliminated without altering the unique experience provided by the Cycleboat and Cycleboat Boston, LLC. I freely and soberly acknowledge and accept all risk of bodily injury, sickness, death, property damage and related expenses. Hospital facilities and qualified medical and emergency care may be limited or unavailable during the Activity. Cycleboat Boston, LLC assumes no responsibility for providing medical care or evacuation during or after the Activity. 3. I understand and expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided life jackets and flotation devices. 4. I understand and expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my consumption of food, drugs, or alcohol while aboard or prior to boarding the Cycleboat. 5. I release, forever discharge, and agree to hold Cycleboat Boston, LLC, Paddle Boston, Charles River Recreation Inc., Hogback Inc., SeaBoston by Water LLC, the Commonwealth of Massachusetts Department of Conservation and Recreation, Charlestown Marina, Independence Wharf, and their respective officers, shareholders, members, managers, affiliates, agents employees, subcontractors, landlords or lessors (collectively, the “Released Parties”), harmless from any and all liability, claims or demands for personal injury, sickness, death, property damage, and related expenses, of any nature whatsoever that I may incur as a result of the Activity. 6. I will defend, indemnify and hold harmless the Released Parties (defined in item 5) from and against any damage, loss, theft or destruction of any equipment or property, and against all accidents and losses, liability and property or personal damages, injuries, claims, demands, actions, causes, litigation or lawsuits, costs and expenses of every kind and nature whether or not covered by insurance, including legal fees and disbursements, arising out of and in connection with the use, condition, or participation in the Activity or my presence at Chicago Duffy LLC’s property, whether that property is fixed or floating, leased or owned. I assume complete and total responsibility. 7. I will assume all responsibility for catering. Cycleboat Boston, LLC assumes no responsibility or liability for the quality or condition of the food or beverages consumed before, during, or after the Activity. 8. I grant permission and consent to to Cycleboat Boston, LLC to use photographs and/or videotape of me for publicity and media purposes, including but not limited to internet publications, social media, and print advertisements. I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use. 9. I agree to abide by and understand and accept all items including fines outlined in the section of this document titled “POLICIES AND FINES.” 10. This Agreement shall be binding and is intended to be construed as broadly and inclusively as permitted by applicable law. If any portion of this agreement shall be held invalid in a court of law it shall be modified to the least degree necessary so that it remains valid. If any portion of the agreement is held invalid it shall be removed and the rest of the agreement shall be held in full force and effect. This agreement shall be governed by the Commonwealth of Massachusetts. 11. I agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules any dispute arising out of or relating to the Agreement that cannot be settled by informal mediation. The place of arbitration shall be Boston, Massachusetts. Judgement on the award shall be rendered by the arbitrators and may be entered in any court having jurisdiction. 12. Passengers under the age of 18 must have a parent, legal guardian or responsible party write their name and sign this waiver on their behalf. By signing below, I understand that I am entering into a legally binding agreement with Cycleboat Boston, LLC and I willfully accept the terms and conditions contained in this Agreement. No oral representations, statements, or other inducements to sign this Agreement have been made apart from what is contained in this document. I have fully informed myself of the contents of this Agreement by reading it before signing it. I Agree POLICIES AND FINES: Underage drinking - Cycleboat Boston, LLC has a ZERO TOLERANCE policy for underage drinking; if underage drinking is suspected the Activity will be suspended immediately and without refund and the Boston Police Department will be called. Drug use - Cycleboat Boston, LLC has a ZERO TOLERANCE policy for illegal or abusive drug use or possession of any kind. If drug use or possession is suspected the Activity will be suspended immediately and without refund and the Boston Police Department will be called. Dangerous, reckless, and discourteous behavior - Cycleboat Boston, LLC has a ZERO TOLERANCE policy toward passenger behavior or actions that endangers or harasses other passengers or the crew. If, in Cycleboat Boston, LLC's sole discretion, you or any member of your party are not behaving safely and/or courteously, the Activity may be suspended immediately and without refund and the Boston Police Department may be called. No refunds will be issued if the boat is returned before the rental time has expired. If rental is cut short due to dangerous weather, a "rain-check" will be provided to be applied towards another outing. A Smoking Fee of $150 will be charged if there are ANY signs of smoking. In no way are you to assist Cycleboat Boston, LLC Crew in docking the vessel. A Hazardous Materials Cleanup Fee of $200 is chargeable if detected or found on vessel or dock (includes blood, vomit or other bodily fluids). Cycleboat Boston, LLC is not responsible for the loss of or damage to personal belongings in any way shape or form. Today's Date: April 20, 2025 |