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DFWBoatRide.com on Lake Ray Hubbard

TheSpiritOfDallas.com on White Rock Lake

214.534.3797  info@dfwboatride.com

CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND


LIABILITY WAIVER AND RELEASE AGREEMENT

IN CONSIDERATION of being permitted to participate in the charter provided by DFW Boat Ride LLC for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate personal safety equipment, wear a life jacket/PFD, and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks/docks when wet; (9) chairs or seats moving and/or tipping over/falling/breaking.

specifically acknowledge I have been given instructions in the safe use of the personal safety equipment available during this charter to my complete satisfaction, and I am physically/mentally able to participate in the charter which I am about to engage, and will ask the captain or crew should I have any concerns or questions.

 CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

I fully agree to assume all responsibility for all the risks of the charter to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW) My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

I HEREBY RELEASE DFW Boat Ride LLC, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS. THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

I Agree

REFUNDS

ALL DFW Boat Ride purchases are non-refundable. DFW Boat Ride's financial liability is limited to the amount of the boat ride purchase only. DFW Boat Ride reserves the right to change equipment without notice. 

I Agree
 

PHOTOGRAPHY, VIDEO, AUDIO RELEASE

I allow and release photo and video recordings of myself and my minor(s) and understand the images may be used by DFW Boat Ride, its affiliates and service providers.

I Agree
 

SAFETY ACKNOWLEDGEMENT

  1. Do not talk or text during the captain’s pre-departure safety briefing. Abide to crew member instructions.
  2. Exits are at the front and rear of the boat on the main deck.
  3. Throwable Life Ring buoys are orange or white and located at the rear of the boat on the main deck. 
  4. Children must be well behaved and always supervised with parent or guardian on the same deck as the child.
  5. Do not leave the boat until the captain has given permission.
  6. No swimming is allowed from any DFW Boat Ride vessel. No Lifeguard on duty. Federal rail jumping fines are up to $10,000.
  7. No smoking or vaping aboard. Violation is cause for termination of the cruise without refund. It is against the law and our all our boats have tankage for over 100 gallons of fuel. NO SMOKING OR VAPING OF ANY KIND PERMITTED.
  8. Being under the influence, intoxication, behavior that is aggressive or unsafe, not willing or able to follow crew instructions, may result in denial of boarding and may be cause for termination of the cruise without refund.
  9. Do not lean back in chairs, all four legs on deck at all times. No standing on chairs or tables. No sitting on tables.
  10. Swimsuits, see through cloths, spike/stiletto heels are prohibited.
  11. Pets* are prohibited aboard our boats. *Federal ADA service animal compliance and vaccination information required. Questions? Email  info@dfwboatride.com


DFW BOAT RIDE – CREW EMERGENCY PROCEDURES ON VESSEL

1.      Fire Extinguishers Locations – There are multiple fire extinguishers aboard both boats, Harbor Lights and Sapphire Moon. Some are red, some white. Either of these can be used for any type of fire aboard.

a.      Upper Deck Fire Extinguisher Locations – adjacent the top of the stairs to the rear of the boat.

b.      Lower Deck Fire Extinguisher Locations – forward near the captain’s steering station and at the rear near the exit.

2.      Fire – Move away from the fire if a crew member is using an extinguisher. Otherwise grab the nearest fire extinguisher and follow the instructions on the label, notify the crew. If the crew is unable to extinguish the fire you will be directed to put on a life jacket and get off the boat; always jump into the water feet first.

3.      Explosion – If the captain and crew are incapacitated, put on a life jacket (PFD) and exit the boat. Jump into the water feet first and get away. Stay together as a group as best you can.

4.      Emergency Communications in case of Captain and Crew Incapacitated ONLY

a.      Telephone - Dial 911 using Cell Phone. The Rockwall Harbor you departed from is on the East side of the lake.

b.      VHF Radio - Emergency use of the a VHF Radio is not recommended on Lake Ray Hubbard as it is not monitored by emergency services and typically not monitored by other vessels. Dial 911.

5.      Man Overboard – DO NOT TAKE YOUR EYES OFF THE VICTIM! 

a.      Point at the victim in the water and yell, “MAN OVERBOARD!” three times and continue to point. 

b.      If the crew has not already deployed the Life Ring Buoy (located rear of the boat), have someone else throw the ring in the water toward the victim and keep your eyes on the victim, and keep pointing at the victim.

6.      First Aid Kit – Aboard Harbor Lights the kit is located at front of the main deck and mounted onto the tall port side life jacket case. Aboard Sapphire Moon the kit is located inside the lower cabinet just aft (toward the rear) of the beverage bar.


7. Life Jackets (PFD’s) are throughout the boat as indicated by signage, both upper and lower decks. Wherever you see a life jacket sign on a storage case or seat bench, there are life jackets. The Captain’s safety briefing also speaks to locations during the safety briefing aboard.

8.      Escape Routes – As directed by the captain and crew in an emergency, the boat can be abandoned from the front or rear of the main (lower) deck, as well from all sides on the upper deck. Put on a life jacket before leaving the boat and leave personal belongings behind. Use any exit. Always enter the water feet first.

9.      Leaks or Damage Control - In the event of major damage to the hull the captain or crew will immediately head to the nearest dock, or if necessary the nearest shore; all shoreline around Lake Ray Hubbard is very shallow. Both boats Harbor Lights and Sapphire Moon, float on commercial built passenger service hulls, with each hull having eight or more sealed collision bulk heads inside each hull; both boats are multi-hull vessels. This means that even if more than one hull’s floatation compartment is damaged or punctured, flooding is isolated and the boat will remain afloat.

10.      Abandon Ship – Do not leave the boat unless ordered by the captain

a.   In an extreme emergency where the captain orders “Abandon Ship”, put on a life jacket and the captain and crew will instruct you where to disembark the boat. 

b.    If the captain and crew are incapacitated, put on a life jacket and get in the water feet first.


I Agree







Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Post/Zip Code
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Post/Zip Code
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Post/Zip Code
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Post/Zip Code
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Post/Zip Code
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Post/Zip Code
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Post/Zip Code
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Post/Zip Code
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Post/Zip Code
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Post/Zip Code
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*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Post/Zip Code
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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