All passengers aboard the Tiki Boat must provide proper identification.
Any person arriving in an intoxicated condition shall not be allowed on the Tiki Boat. Glass containers are strictly prohibited on board. The Tiki Boat captain is responsible for the boat and his/her decisions are final. Inappropriate behavior before, during and after Tiki experience will result in the offending passenger(s) being asked to get off the Tiki boat. These include but are not limited to:
- Foul language or gestures,
- Excessive noise,
- Public urination,
- Arguing or fighting,
- Creating a danger or hazard to the Tiki Boat captain, other passengers and/or non-participants/vessels,
- Moving about the Tiki Boat while it is underway,
- Damaging Tiki Boat property or any public or private property.
Any of the above can result in the captain ending the tour immediately and causing behavior/damage fee of $300 to be charged to each offending passengers' credit card(s). Terminating the tour is at the sole discretion of the Tiki Boat captain. All laws and rules regarding alcohol apply to all passengers before, during and after the Tiki Boat experience. By executing this agreement, I am authorizing Ottawa TikiTours to use my picture and experience for promotional/informational purposes.
I, the undersigned passenger, acknowledge and understand that during my ride aboard the Tiki Boat operated by Ottawa TikiTours (a division of Tiki Tours International Corp.), I may be exposed to a variety of hazards and risks (including COVID19 or other types of viruses), foreseen or unforeseen, which are inherent in getting on and off as well as travelling on a boat. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage ("Injuries and Damages") resulting from, but not limited to: (i) inclement weather; (ii) physical contact with other vessels, (iii) falling or tripping due to hazards, uneven surfaces or debris; (iv) falling from heights, including falling off the Tiki Boat; and (v) other hazards associated with being a passenger on a Tiki boat. I further acknowledge and understand these Injuries and Damages cannot be eliminated without destroying the unique character of the tour.
I fully understand that Ottawa TikiTours has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, other users, staff of the Tiki Boat or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such Injuries and damages involved in a boat charter and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the Injuries and damages to which I may be exposed.
In consideration for my acceptance as an eligible user of the Vehicle, and the services and amenities provided by Ottawa TikiTours in connection with the tour, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
RELEASE OF LIABILITY. To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS Ottawa TikiTours and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, "Released Parties") from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to my ride on the Tiki Boat, even if caused by NEGLIGENCE of the Released Parties. Such negligence could involve (a) negligent operation and supervision of the Tiki Boat, (b) negligent maintenance or operation of the equipment or Tiki Boat in general, (c) negligent manufacture of or use of equipment to be used on the Tiki Boat, including the boat itself, and (d) the negligence of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators and assigns.
Furthermore, I understand that Tiki Boat is of proprietary manufacture, and I agree not to build or cause to be built any vehicle of the same or similar construction.
This Waiver and Release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver and Release is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release shall not be affected thereby and shall remain valid and fully enforceable.
I have read this Waiver and Release of Liability in its entirety and I freely and voluntarily choose to use the Vehicle and assume all risks of Injuries and Damages. I acknowledge my waiver of any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with the Tiki boat and/or limit or preclude my use of the Tiki boat. By my signature below, I acknowledge and represent that I fully aware of the terms of this agreement and agree to be bound by them.
Dated: April 22, 2021