In consideration of the services of Yankee Cycle Boats Inc, I agree to release and discharge Yankee Cycle Boats Inc., on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows.
1. I acknowledge that the activities involved in the use of the Yankee Pedal service entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties.
2. I expressly agree to assume all of the risks existing in this activity, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Yankee Pedal / Yankee Cycle Boats Inc. or its operators. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Yankee Cycle Boats Inc. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Yankee Cycle Boats Inc.'s equipment and facilities, including any such claims which allege negligent acts of omissions of Yankee Cycle Boats Inc.
4. Should Yankee Cycle Boats Inc. or anyone acting on their behalf, be required to incur attorney’s fees enforce this agreement; I agree to indemnify and hold them harmless for all such fees.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bare the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Massachusetts without regard to its conflict of law rules.
7. I agree to abide by any and all of the Yankee Pedal rules, which I have been shown. I understand that failure to abide by these rules could result in the early termination of Yankee Pedal services without a refund. I understand that if my group abandons the Yankee Pedal I am authorizing a penalty of $200 to be charged the credit card on file.
8. I agree and understand that the weight limit for any individual rider in 275 pounds. I understand that this requirement is for my own safety and that I will not ride the Yankee Pedal vessel if I am above the weight limit.
9. I agree that any photographs or other media recordings captured of me during my tour may be used by Yankee Cycle Boats Inc. for commercial purposes. I also understand and give my consent to have audio and/or video footage taken of me during my tour for quality assurance or for review in the case of an accident. I also consent to receiving an email asking for feedback from my experience. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Paddle Pub on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT AND I AGREE TO BE BOUND BY ITS TERMS.