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RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Chicago Duffy, LLC

PLEASE INITIAL NEXT TO EACH ITEM INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE:

1. I, Responsible party, understand that it is required and acknowledge that I will be 21 years of age or older at the time of the rental.


2. By renting this vessel, I acknowledge that boating is potentially hazardous and may result in serious injury, death, or property damage. At all times: 1) I must remain aware of weather, visibility, tides, current, wind, and other factors which may affect my ability to navigate the vessel safely. 2) I must adhere to all applicable nautical rules and laws governing the operation of boats. 3) I must take reasonable measures to avoid risk of collision with other vessels, docks, buoys, swimmers, or other objects or things, whether fixed or floating. 4) I must give the right of way to vessels under sail. 5) I expressly accept all risks of harm and damage that may result in connection with the operation of the vessel.


3. I acknowledge that in addition to the normal hazards associated with boating, the Chicago River poses its own hazards. I must pay careful attention to boats coming in and out of side channels or slips, low bridges, shallow water, floating debris, mooring lines and large vessels that may be restricted in their ability to maneuver or see my vessel.


4. I, Responsible Party, understand and agree that shall I surrender the operation of the vessel to other passengers on board, I am liable for any actions taken and damages caused by the driver. Additionally, I understand and acknowledge that the driver(s) of the boat are at least 21 years old, with a valid driver's license, and are sober during the cruise. I am fully responsible for assuring that my passengers; guests and myself will adhere to all safety rules. I understand that Illinois state law requires all children 12 years of age and under to wear a life jacket at all times while on board. 5. Beaching the vessel or mooring to property not affiliated with Chicago Duffy, LLC, swimming, or fishing from the vessel is strictly prohibited. Further, I must operate the vessel in the Chicago River only. I MAY NOT operate the vessel on Lake Michigan under any circumstances. If I have any questions about these navigation restrictions, I must ask the rental representative prior to using the vessel.


5. Operating the vessel under the influence of alcohol (0.08% and over) and/or illegal drugs is STRICTLY prohibited.


6. I, Renter, shall defend, indemnify and hold harmless Chicago Duffy, LLC, City of Chicago, Jefferson Beach Yacht Sales, Inc., and their respective officers, employees, co-workers, co-partners, subcontractors, landlords or lessors 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 operation of the vessel and my presence at Chicago Duffy, LLC’s property, whether that property is fixed or floating. I, Responsible Party, assume complete and total responsibility.


7. I Responsible party, understand that it is required to watch the safety & orientation video, in its entirety, that is set forth by the Chicago Duffy, LLC. I also understand it is my duty to understand, know and follow all rules provided in the video.  https://www.youtube.com/watch?v=3oPeHQHdzhs&t=28s


8. I, Responsible party, shall assume all responsibility for catering. Chicago Duffy, LLC assumes no responsibility or liability for the quality or condition of the food provided by its catering associates.


9. I, Responsible party, accept and clearly understand all fines and details listed below:

Underage Drinking - Chicago Duffy, LLC has a Zero Tolerance policy; If underage drinking is suspected, the Chicago Police Department will be called. Chicago Duffy, LLC has the right to charge the driver up to $500 as well for this offense.

Late Return is subject to a late fee of double the standard rental rate rounded up to the next half hour.

Extra Cleanup Fee may be charged at the sole discretion of Chicago Duffy, LLC and its representatives. This includes cases of, but not limited to bodily fluids, melted candy, and broken glass. Cleanup fee will be calculated at Chicago Duffy, LLC standard cleaning rate of $45.00 per hour.

Entrance into the Chicago Harbor Lock will result in a $500 fee. No Chicago Duffy, LLC boats are permitted onto Lake Michigan or into the Chicago Harbor Lock.

Rescue Fee of $75.00 minimum is chargeable if the boat is disabled due to violation of safety rules or operator negligence.

Window Tampering Fee of $500 will be charged if there are any signs of the front or rear windos being opened. You are free to open or close and other window, however, the front and rear windows must remain closed and secure. This is for your safety and the safety of the vessel.

Smoking Fee of $150 will be charged if there are ANY signs or odors of smoking.

Illegal Docking Fee of $250 will be charged if you dock or moor the vessel to any structure or vessel at any point during your possession of the vessel unless prior consent is obtained from a Chicago Duffy, LLC staff member.

Reckless Operation Fee of $500 while operating vessel includes, but not limited to, endangering yourself or others around you, driving in front of or cutting off other vessels and boats, dangling body, or body parts outside of the vessel and designated seating area, driving above cruising speed specified, or making sharp or rapid turns of the vessel wheel causing damage to vessel. You must remain seated at all times.

Speeding Fee of $500 is chargeable if the boat is operated over the prescribed speed as directed in the safety video and the onboard vessel orientation. The boats are electric, and if operated at higher than normal cruise speeds, will quickly drain batteries rendering them useless for rentals throughout the day. Your complete cooperation in operating the vessel at a normal cruise speed is appreciated and required.

Hazardous Materials Cleanup Fee of $200 is chargeable if detected or found on vessel (includes blood, vomit or other bodily fluids).

Charges for losses or damages to the vessel will be calculated at Chicago Duffy, LLC standard service and parts rates. We reserve the right to designate which subcontractor will be used to repair all damages in the event of an incident. A price list of parts may be requested from the office. Labor rate is $110 per hour, and haul-out is $10.00 per linear foot.

No refunds will be issued if the boat is returned before the rental time has expired.

IN NO WAY ARE YOU TO ASSIST CHICAGO DUFFY, LLC STAFF IN DOCKING THE VESSEL. Keep all body parts inside the boat at all times. Chicago Duffy, LLC is not responsible for the loss of or damage to clothing or personal belongings in any way, shape, or form. Should any term or condition of this Agreement be held void or unenforceable by a court of the law, then that term shall be deemed severed from this Agreement and the enforceability of the remainder of the Agreement shall not be affected and will remain in full force and effect.


10. I agree that my exclusive remedy for any dispute that arises from or relates to my participation in the Activity described herein, whether in tort, contract or otherwise that cannot be resolved through informal mediation shall be through binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The law of Illinois shall govern and control all such disputes including, without limitation, the Illinois’ statutes of limitations and/or repose. Any such binding arbitration shall take place in Chicago, Illinois and may be entered in any Illinois state court having jurisdiction. 


11. I, Responsible party, understand that it is my responsibility to inform all persons onboard the vessel of all rules and safety requirements on this agreement and that it is my duty to enforce all rules to my passengers.


14. I, hereby grant permission to Chicago Duffy, LLC and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Chicago Duffy, LLC and its legal representatives for all claims and liability relating to said images or video.



Date: November 15, 2024

 


First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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Tenth Participant's Date of Birth*
Participant's Address
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Street address, P.O. box, company name, c/o
Address Line 2:
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Parent or Guardian's Email Address

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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