MB Bayside Enterprises LLC (d/b/a Bayside Voyage) 2011 37' Sea Ray Sundancer, Departing Navy Pier Marina: Chicago, Illinois IN CONSIDERATION of being permitted to participate in any charter, cruise, or activity (“Charter”) provided by MB Bayside Enterprises LLC d/b/a Bayside Voyage (“Company”), its owners, officers, agents, employees, captain, crew, affiliates, Chicago Harbors, City of Chicago, and Navy Pier Marina (collectively, “Released Parties”), for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, I agree as follows: 1. Acknowledgment and Assumption of Risks. I understand and acknowledge that participation in the Charter involves inherent risks of boating on Lake Michigan and Chicago Harbor, including but not limited to: rough water/chop/wakes from commercial vessels; slips, trips, falls on wet decks/swim platform; boarding/disembarking; equipment failure; weather changes; collisions; drowning; motion sickness; perils of the sea; fire/explosions; exposure to sun/wind/cold; alcohol consumption; and risks from following captain instructions or other passengers’ actions. Participation is entirely voluntary, and I knowingly and voluntarily assume all such risks, whether foreseen or unforeseen. 2. Physical Fitness and Compliance. I represent that I am physically fit and able to participate safely, have disclosed any medical conditions to the captain, and will follow all captain/crew instructions, USCG rules, Illinois boating laws (including PFD use for children under 13), Chicago Harbors regulations, and Company policies (no reckless behavior, no overconsumption of alcohol). I verify compliance with all applicable laws. 3. Release of Liability. I hereby irrevocably release, waive, discharge, and covenant not to sue the Released Parties from any and all liability, claims, demands, actions, causes of action, injuries (including death), damages, losses, or expenses of any kind (including attorney fees), arising out of or relating to the Charter—including while on the vessel, boarding/disembarking, on docks, or in water—even if caused by the ordinary negligence of the Released Parties. This release does not apply to gross negligence, willful/wanton misconduct, or intentional acts. 4. Indemnification. If I or my guests cause damage to the vessel, docks, other property, or third parties through negligence or violation of rules, I agree to indemnify, defend, and hold harmless the Released Parties for all resulting claims, losses, damages, and expenses (including attorney fees). 5. Medical and Emergency Consent. I consent to emergency medical treatment at my expense and release Released Parties from liability for any aid rendered or not rendered. Released Parties make no warranties about rescue/first aid capabilities. 6. Photo/Video Consent. I grant Company a perpetual, royalty-free license to use photos/videos of me taken during the Charter for marketing/promotion, without compensation. 7. Minors. If signing for a minor, I understand Illinois law limits waivers for minors’ claims; this serves as notice and rules acknowledgment only. 8. Governing Law and Venue. This Agreement is governed by Illinois law (or Federal Admiralty Law if applicable). Disputes shall be resolved exclusively in Cook County, Illinois courts or U.S. District Court for the Northern District of Illinois (Eastern Division). If any provision is invalid, the remainder remains enforceable. I have read this Agreement, understand its terms, sign it voluntarily, and am at least 18 years old (or parent/guardian for minor). Electronic signature is binding as original. 9. MANDATORY CITY OF CHICAGO CANCELLATION AND REFUND POLICY In accordance with the commercial passenger vessel ordinances established by the City of Chicago Department of Business Affairs and Consumer Protection (BACP), the subsequent refund terms are incorporated into this Agreement: “Under City ordinance, should the operator cancel an excursion or event, said operator is required to provide the customer a complete refund of all monies paid in advance for that specific excursion or event.” Date: August 6, 2026 |