.**BAMA BREEZE BOAT TOURS LIABILITY WAIVER & RELEASE AGREEMENT**
**THIS IS A CONTRACT. PLEASE READ CAREFULLY.**
By signing this agreement, the Passenger acknowledges and agrees to the following terms and conditions, which will apply to each trip undertaken during the year indicated on the signature page.
1. **DEFINITIONS**
- “Passenger” includes every person named as a participant in the booking.
- “Vessel” refers to Bama Breeze or any other boat used for the tour.
- “Captain” refers to the vessel’s operator.
2. **TOUR TERMS & CONDITIONS**
- All advertised tours and charters are subject to change at any time.
- This agreement is non-transferable and binding upon acceptance.
3. **WEATHER POLICY**
- Tour duration depends on weather and sea conditions.
- Bama Breeze reserves the right to cancel, delay, or modify trips due to unsafe conditions, client requests, or mechanical issues.
4. **SAFETY NOTICE**
- Passengers must follow all safety instructions given by the Captain and crew.
- Bama Breeze is not responsible for injuries resulting from passenger negligence.
- No smoking, pets, or drugs are allowed aboard.
5. **CHILDREN & MINORS**
- Children must be accompanied by a parent or guardian.
- Bama Breeze reserves the right to refuse service if accommodations for minors cannot be reasonably provided.
6. **CANCELLATION POLICY**
- Bama Breeze does not provide refunds for cancellations made within 72 hours of departure.
- If Bama Breeze cancels due to weather or unforeseen circumstances, passengers may reschedule or receive a credit.
7. **PERSONAL BELONGINGS**
- Passengers may bring reasonable personal items (e.g., bags, umbrellas). COOLERS ARE NOT ALLOWED
- Bama Breeze is not responsible for lost, stolen, or damaged belongings.
8. **PROHIBITED ITEMS**
- Firearms, fireworks, oxygen tanks, and illegal substances are strictly prohibited.
- The Captain reserves the right to remove any passenger violating this policy.
9. **ITINERARY CHANGES**
- The Captain may alter the route at their discretion for safety or operational reasons.
10. **LIABILITY WAIVER & ASSUMPTION OF RISK**
- Passengers assume all risks of injury, loss, or damage.
- Bama Breeze is not liable for personal injury, property loss, or accidents.
11. **RELEASE OF LIABILITY**
- **Releasor**, acting for himself or herself and his or her spouse, children, guests, legal representatives, heirs, agents, insurers, successors, and assigns (collectively, the "Releasors"), hereby releases, waives, and forever discharges any and all claims that Releasors may, will, or could have against FLORA-BAMA OLD S.A.L.T.S., INC., and its present, future, and former members, agents, employees, officers, directors, shareholders, affiliates, parent corporations, subsidiaries, representatives, attorneys, successors in interest, predecessors in interest, and assigns (collectively, the “Releasees”) including, but not limited to, any and all claims for personal injury, property damage, acts of God, or wrongful death arising out of or relating to the Boating Activities and to the Rental or Charter Agreement between FLORA-BAMA OLD S.A.L.T.S., INC. and the Releasor, and the use, operation, and condition of the vessel or equipment covered by such Agreement.
- This Release, waiver, and discharge applies to all persons involved in or connected to the Boating Activities, including but not limited to Independent Contractors, Captains, First Mates, Guides, and other Crew members or persons performing activities, including but not limited to cleaning, maintenance, repair, and/or other tasks on or near any vessel on any day or at any time during the term of this agreement and not limited to Boating Activities.
- Releasors associated with this Waiver of Liability are aware that Boating Activities and other activities associated with a boat or vessel are inherently dangerous activities. Releasors are voluntarily participating in these activities with knowledge of the danger involved. Releasors, acknowledging this Waiver of Liability, hereby assume full responsibility for the risk of bodily injury, death, property damage, sickness, or any other injury arising out of or related to Boating Activities or other activities, whether caused by the negligence of Releasees or otherwise.
12. **ARBITRATION AGREEMENT**
- Any legal disputes will be settled through binding arbitration in accordance with the rules of the American Arbitration Association.
13. **ENTIRE AGREEMENT**
- This contract represents the full and binding agreement between Bama Breeze and the Passenger.
- No oral or written statements outside this agreement are valid.
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