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SAFETY & LIABILITY WAIVER AND RELEASE 


ALL PASSENGERS MUST READ AND COMPLETE THIS FORM PRIOR TO LEAVING THE DOCK 

 

I understand that during my time and use of the PonTiki Myrtle Beach Boat Cruises, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in being a boat passenger and participating in related water activities. I am aware and understand that risks include, but are not limited to, serious personal injury, disability, death and property damage resulting from, but not limited to: (i) physical exertion and activities, (ii) contact with other boats, marine wildlife, rip currents, and other water hazards, (iii) slipping, tripping or falling, (iv) falling from heights or off the boat, (v) inappropriate, intoxicated and unsafe behavior of passengers, (vi) sudden illness, (vii) malfunctioning equipment, (viii) inclement weather and (viii) other hazards associated with travel on a boat and recreational water activities.  

 

I acknowledge that the cruise may involve the consumption of alcohol by passengers, and I accept all risks associated therewith. I further acknowledge that it is my sole responsibility to consume alcohol in moderation and in a way that will not impair my safety or judgment. I take full responsibility for any liability associated with my intoxication, before, during or after the cruise. I understand PonTiki Myrtle Beach Boat Cruises will not allow liquor, Marijuana or illegal drugs on board any vessel and it is my duty to comply with this policy.  

 

I confirm that neither PonTiki Myrtle Beach Boat Cruises nor its staff have tried to contradict or minimize my understanding of these risks. I know that injuries, damage and death can occur by natural causes or by the actions, omissions or negligence of other people, users, staff or third parties. I appreciate that I may have to use extra care to reduce the risks when exposed to these hazards. I understand that no medical facilities or expertise are readily available to assist with injuries or conditions. 

 

I am of lawful age and legally competent to sign this liability waiver, or I have obtained the written permission of my parent or guardian as evidence below. I confirm that I do not have any medical or other conditions that would impair my ability to participate in the cruise. I will comply with all laws, orders, directives, and guidelines related to the cruise. I will also follow all instructions, recommendations, and cautions of PonTiki Myrtle Beach Boat Cruises at all times while aboard the vessel.  

 

In consideration for my acceptance as a passenger on PonTiki Myrtle Beach Boat Cruises, and the services and amenities provided, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING: 

 

RELEASE OF LIABILITY. I AM AWARE AND UNDERSTAND THE RISK OF SERIOUS INJURY ASSOCIATED WITH MY PARTICIPATION IN THE CRUISE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE CRUISE WITH KNOWLEDGE OF THE DANGERS INVOLVED AND AGREE TO ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS THAT MAY BE SUSTAINED BY ME AS A RESULT OF MY PARTICIPATION IN THE CRUISE, WHETHER CAUSED BY THE NEGLIGENCE OF PONTIKI MYRTLE BEACH BOAT CRUISES OR OTHERWISE. 

I FULLY AND FOREVER WAIVE AND DISCHARGE ALL CLAIMS AGAINST AND RELEASE FROM LIABILITYPONTIKI MYRTLE BEACH BOAT CRUISES AND ITS OWNERS, OFFICERS, EMPLOYEES, 

AFFILIATES, AGENTS, OR ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM, MY DEATH, PERSONAL INJURY OR DAMAGES RELATED TO MY TIME AND USE OF PONTIKI MYRTLE BEACH BOAT CRUISES, EVEN IF CAUSED BY NEGLIGENCE OF PONTIKI MYRTLE BEACH BOAT CRUISES OR OTHERWISE. SUCH NEGLIGENCE COULD INVOLVE 

(A) NEGLIGENT OPERATION AND SUPERVISION, (B) NEGLIGENT MAINTENANCE OR OPERATION OF THE EQUIPMENT OR BOAT IN GENERAL, (C) NEGLIGENT MANUFACTURE OR USE OF EQUIPMENT TO BE USED ON THE BOAT, (D) OVERCONSUMPTION OF ALCOHOL BY PASSENGERS AND (E) THE NEGLIGENT FACILITATION OR PROVISION OF EMERGENCY RESPONSE SERVICES. I UNDERSTAND AND INTEND THIS RELEASE TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY LAW, AND TO BE BINDING UPON MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS. 

 

INDEMNITY. I will defend, indemnify, hold harmless, and reimburse PonTiki Myrtle Beach Boat Cruises from and for all damages, losses, costs, or expenses (including legal fees) incurred by PonTiki Myrtle Beach Boat Cruises in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with my participation in the cruise. I will reimburse PonTiki Myrtle Beach Boat Cruises if anyone makes a claim against PonTiki Myrtle Beach Boat Cruises in connection with my participation in the cruise, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused. 

 

Photographic Release. I consent to the use of any photographs or videos in which I may appear while on the PonTiki Myrtle Beach Boat Cruise, for use on PonTiki Myrtle Beach Boat Cruises' website, social media, or marketing materials, without compensation to me, with the understanding that PonTiki Myrtle Beach Boat Cruises will gladly grant my request to remove any photos or videos from their materials if I request that they do so. 

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS WAIVER AND RELEASE, I AM WAIVING CERTAIN LEGAL RIGHTS AND AGREE TO DO SO VOLUNTARILY. I VOLUNTARILY AGREE TO BE BOUND BY THIS WAIVER AND RELEASE FROM THE DATE OF MY SIGNATURE. 

 

The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the liability waiver set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian. 


Today's Date: July 7, 2024


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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