ACCEPTANCE OF RULES I acknowledge that I will adhere to the rules either listed but not limited to the following and or verbal instructions given by the crew of Chesapeake Bay Pedal Club, LLC.. - In the event that the weather causes a cancellation of your cruise, each passenger will be issued a full refund. If a cruise is terminated early due to weather or behavior and or actions of a passenger, it is at the Captain and or Chesapeake Bay Pedal Club team's discretion to issue a full refund. The Captain and the Chesapeake Bay Pedal Club team has the full right to cancel the cruise at any time.
- Our boat is a US Coast Guard (USCG) inspected vessel. We follow all of the CFR's (Code of Federal Regulations) of the USCG. If there are any violations as due to the actions of the passengers, The Captain or Chesapeake Bay Pedal Club team has the full right to terminate the cruise at any time without any refund due.
- Do not bring any of the following: Firearms of any type, drugs, matches, lighters, cigarettes, cigars, and vapor devices.
- If the Captain or Chesapeake Bay Pedal Club team determines that a passenger does not follow any of the rules, the passenger can be told to depart from the boat at any time during the cruise without any refund. We are not responsible to arrange or provide any transportation for a passenger that does not follow the rules and told to depart from the boat.
- The Captain or Chesapeake Bay Pedal Club team has the right to refuse any guest prior to boarding if they believe that the guest behavior or actions are deemed to be unacceptable to the safety of all other guests.
- Not agreeing to or signing Chesapeake Bay Pedal Club Voyage Agreement is reason to refuse any guest from boarding.
- I acknowledge that the operation and use of the Vessel has inherent risks that may result in bodily injury, sickness, death, or property damage, including but not limited to the following:
- Unanticipated changes in weather and water conditions;
- Conduct of third parties at the launch and landing areas and in other vessels on the water
- Exacerbation of medical conditions resulting from physical exertion
- Falling into the water, whether or not wearing the provided personal floatation devices; and
- Falling or slipping due to wet conditions or rough waters
- I understand that these risks cannot be completely eliminated without fundamentally altering the unique experience provided by the Vessel. I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses. Furthermore, I expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided personal floatation devices or from my consumption of alcohol while on the Vessel.
RELEASE - I hereby release, forever discharge, and agree to hold Chesapeake Bay Pedal Club, its member, managers, employees, contractors, agents, vendors, and affiliates, 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 my use of the Vessel and participation in its voyage.
- I grant Chesapeake Bay Pedal Club, LLC., a Virginia corporation, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recording (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control for Chesapeake Bay Pedal Club’s promotional purposes in any media, including but not limited to print and online publication. I grant permission in consideration for my participation on my voyage and such other consideration, if any, provided by Chesapeake Bay Pedal Club, and waive any claim to further compensation.
INDEMNIFICATION I further agree to indemnify and hold Chesapeake Bay Pedal Club, its members, managers, employees, contractors, agents, vendors, heirs, successors, assigns, beneficiaries, and shareholders, harmless from any liability sustained by me or by third parties, including by not limited to operators and other passengers of the Vessel, passengers of other vessels, bystanders at the launch and landing areas, and any minor children under my care, custody, and control, as the result of my negligent, willful or intentional acts, including any actions taken while intoxicated, and all expenses incurred attendant thereto. I agree that I am responsible for the repair cost and any losses resulting from any damage to the Vessel that is caused as a result of my negligent, willful or intentional acts. I am at least 18 years of age, or, if I have minor children in my party, I am least 25 years of age. All minor children in my party meet Chesapeake Bay Pedal Club’s passenger requirements. I expressly agree to the Acceptance of Risk and Release provisions of the Agreement on behalf of myself and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody, and my heirs and personal representatives. I am not aware of any medical condition or limitation that would prevent me from using the Vessel in its ordinary and intended manner. I understand that any failure to follow posted rules or the instructions of Vessel operators may lead to early termination of my voyage without refund. I understand that I must be at least 21 years of age to consume alcoholic beverages. 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 this Agreement that cannot be settled by informal mediation. The place of arbitration shall be Virginia Beach, Virginia. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party's attorney's fees shall be paid by the non-prevailing party. COVID-19 I understand and answer "no" to the following questions, and if my answer is "yes" to any of the questions I will not go on the cruise. - Have you been asked to self-quarantine by any doctor, hospital or health agency?
- Have you been diagnosed with, or have contact with, anyone who has been diagnosed with COVID-19?
- Do you have a fever, cough, or shortness of breath?
- Have you traveled to, or had contact with, any person that within the last 14 days, traveled to an overseas
- country that is subject of the Level 3 Travel Health Notice issued by the CDC?
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