In exchange for Knoxville Cycleboats, LLC DBA Knoxville Cycleboats 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 Knoxville Cycleboats.
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.
2. I understand that the above risks cannot be eliminated without altering the unique experience provided by the Cycleboat and Knoxville Cycleboats. 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. Knoxville Cycleboats 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 release, forever discharge, and agree to hold Knoxville Cycleboats, LLC, DBA Knoxville Cycleboats, The City of Knoxville, 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.
5. 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 Knoxville Cycleboats, LLC’s property, whether that property is fixed or floating, leased or owned. I assume complete and total responsibility.
6. I will assume all responsibility for catering. Knoxville Cycleboats assumes no responsibility or liability for the quality or condition of the food or beverages consumed before, during, or after the activity.
7. I agree to abide by and understand and accept all items including fines outlined in the section of this document titled “POLICIES AND FINES.”
8. COVID-19 ASSUMPTION AND ACKNOWLEDGEMENT OF RISK. I understand and acknowledge that COVID-19 (the disease caused by the virus SARS-CoV-2) has been declared a worldwide pandemic by the World Health Organization. I understand that COVID-19 is extremely contagious and spreads primarily through person-to-person contact. I further acknowledge that COVID-19 may be spread by asymptomatic individuals who may be unaware that they are infected. Although Knoxville Cycleboats has implemented preventative measures as recommended by the Centers for Disease Control and Prevention (CDC), the State of Tennessee, and City of Knoxville to reduce the potential spread of COVID-19, Knoxville Cycleboats cannot eliminate all risks or guarantee that I will not contract COVID-19 or any other disease, illness, infection, sickness, or other malady while participating in the Activity. I assume personal responsibility for the risks of participation in the Activity and my presence at Knoxville Cycleboats facilities or my interaction with other guests, customers, staff or otherwise. I agree to maintain physical distancing and undertake other preventative measures in according with all relevant guidelines and otherwise conduct myself in a responsible manner, considering the circumstances. I further agree to refrain from participating in Activity or entering any Knoxville Cycleboats facility or location in the event I have symptoms of COVID-19 or have been in contact with someone exhibiting symptoms or who has tested positive. Finally, I represent that: I do not have symptoms of COVID-19, I have not tested positive for COVID-19 within the past Fourteen (14) days, and I have not been in contact with anyone exhibiting symptoms or who has tested positive for COVID-19 within the past Fourteen (14) days.
9. 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 State of Tennessee.
10. 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 Knoxville, Tennessee. Judgement on the award shall be rendered by the arbitrators and may be entered in any court having jurisdiction.
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 Knoxville Cycleboats, 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.
Dated: October 24, 2021