In exchange for Chicago Duffy, LLC DBA Chicago Boat Company providing access to and use of the Chicago Boat Company boats and any related services, amenities, or experiences (hereinafter referred to as the “Activity”), I, on behalf of myself and any children under the age of 18 to whom I am a parent, legal guardian, or otherwise have in my care and custody, my heirs and personal and legal representatives, hereby execute and remit this Release of Liability, Assumption of Risk, and Indemnification Agreement (this “Agreement”) in favor of Chicago Boat Company. Please initial next to each item indicating that you have read, understand, and agree: 1. By riding aboard this vessel, I, acknowledge that the Activity is potentially hazardous and may result in minor or serious injury, death, sickness or property damage. Situations which may arise resulting in the above-mentioned casualties may include but are not limited to: Changes in weather and water conditions and currents, lightning, hypothermia, or dangerous wildlife; Conduct of third parties at the departure and arrival docking areas and in other vessels on the water; Amplification of existing or new medical conditions resulting from physical activity; Falling into the water, whether or not wearing a life jacket Falling or slipping on the dock or a boat due to slippery conditions or turbulent waters or weather; Injury or death related to consumption of food or alcohol; Failure of equipment onboard the vessel
2. I acknowledge and assume all risk associated with entering the hot tub boat, including injury, drowning, death, and damage or destruction to my personal property. I further acknowledge that the consumption of alcohol may impair my abilities to make decisions, or perform other mental or physical functions, and increase the level of risk associated with entering the hot tub boat. If I choose to enter the hot tub boat for any reason, I represent that I am an experienced and capable swimmer. I understand, acknowledge, and agree that no lifeguard or other professional rescuers or medical professionals will be present or available, that I will at all times abide by and comply with the directions and commands of Chicago Boat Company staff, that I will respect and not harass or endanger other guests or wildlife, that I will properly wear a personal floatation device (life vest), that unknown or unpredictable environmental conditions may occur including but not limited to storms, changes in weather or conditions, or other unusual or unexpected events or conditions, and that I am fully responsible for my personal belongings and the risk of them getting damaged by water. 3. I understand that the above risks cannot be eliminated without altering the unique experience provided by the Chicago Boat Company. I freely and soberly acknowledge and accept all risk of bodily injury, sickness, death, property damage and related expenses. Hospital facilities and qualified medical and emergency care may be limited or unavailable during the Activity. Chicago Boat Company assumes no responsibility for providing medical care or evacuation during or after the Activity.
4. I understand and expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided life jackets and flotation devices.
5. I release, forever discharge, and agree to hold Chicago Duffy, LLC, DBA Chicago Boat Company, Jefferson Beach Yacht Sales, Inc., The City of Chicago, and their respective officers, shareholders, members, managers, affiliates, agents employees, subcontractors, landlords or lessors (collectively, the “Released Parties”), 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 the Activity.
6. I will defend, indemnify and hold harmless the Released Parties (defined in item 5) from and against any damage, loss, theft or destruction of any equipment or property, and against all accidents and losses, liability and property or personal damages, injuries, claims, demands, actions, causes, litigation or lawsuits, costs and expenses of every kind and nature whether or not covered by insurance, including legal fees and disbursements, arising out of and in connection with the use, condition, or participation in the Activity or my presence at Chicago Duffy LLC’s property, whether that property is fixed or floating, leased or owned. I assume complete and total responsibility.
7. I understand that although the medical and recreational possession and use of cannabis (marijuana) may be permitted in Illinois by adults, federal law expressly prohibits the possession, transport, and use of cannabis on federally regulated waterways, including the Chicago River and Lake Michigan. I agree to refrain from possessing, transporting, smoking, eating, inhaling, injecting, consuming, or otherwise using cannabis products or any other federally listed drugs during the Activity or while at Chicago Boat Company facilities. I agree to defend, indemnify and hold harmless the Released Parties (defined in item 6) from and against any damage, loss, accidents, liability and property or personal damages, injuries, claims, demands, actions, causes, litigation or lawsuits, costs and expenses of every kind and nature whether or not covered by insurance, including legal fees and disbursements, arising out of and in connection with my breach of the agreements in this section.
8. This Agreement shall be binding and is intended to be construed as broadly and inclusively as permitted by applicable law. If any portion of this agreement shall be held invalid in a court of law it shall be modified to the least degree necessary so that it remains valid. If any portion of the agreement is held invalid it shall be removed and the rest of the agreement shall be held in full force and effect. This agreement shall be governed by the State of Illinois.
9. 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 the Agreement that cannot be settled by informal mediation. The place of arbitration shall be Chicago, Illinois. Judgment on the award shall be rendered by the arbitrators and may be entered in any court having jurisdiction.
10. I, hereby represent that the weight submission below is truthful and accurate. I further acknowledge and agree that in the event of any damage, injury, or other incident resulting from a failure to disclose accurate weight information or from exceeding the specified 800 lbs capacity, I shall bear full liability and responsibility.
11. I acknowledge that individuals, including myself, with medical conditions, including but not limited to heart conditions, high blood pressure, respiratory issues, skin conditions, or those who are pregnant, are advised to consult a healthcare professional before participating in a hot tub boat rental.
12. I agree to abide by and understand and accept all items including fines outlined in the section of this document titled “POLICIES AND FINES.”
Passengers under the age of 18 must have a parent, legal guardian or responsible party write their name and sign this waiver on their behalf. By signing below, I understand that I am entering into a legally binding agreement with Chicago Duffy LLC and I willfully accept the terms and conditions contained in this Agreement. No oral representations, statements, or other inducements to sign this Agreement have been made apart from what is contained in this document. I have fully informed myself of the contents of this Agreement by reading it before signing it.
POLICIES AND FINES Nudity Chicago Boat Company has a Zero Tolerance policy for nudity on our boats; If any nudity is suspected, the Chicago Police Department will be called, a report will be filed, and the Chicago Police Department will be provided with all renter and passenger information. Chicago Boat Company has the right to charge the responsible party up to $500 for this offense.
Underage Drinking Chicago Boat Company has a zero-tolerance policy; If underage drinking is suspected, the Chicago Police Department will be called. Chicago Boat Company has the right to charge the responsible party up to $500 for this offense. In the case of Full Battery Drainage, Chicago Boat Company has the right to charge the responsible party up to $500 for this offense.
Late Return is subject to a late fee of double the standard rental rate rounded up to the next half hour. Glass is not permitted onboard, if glass is brought onboard, a fee may be charged at the sole discretion of Chicago Boat Company and its representatives. If glass is brought on board and breaks, the full security deposit will be charged, in additional to the rental rate of every reservation impacted by the incident.
Extra Cleanup Fee may be charged at the sole discretion of Chicago Boat Company and its representatives. This includes cases of, but not limited to bodily fluids, melted candy, and more. Cleanup fee will be calculated at Chicago Boat Company's standard cleaning rate of $45.00 per hour. Should a tub need to be emptied in order to completely sanitize there is a fee of $500 for this service as well as payment in full of any rentals that are lost as a result of the required action.
Traversing beyond the set boundaries of State Street and LaSalle Street will result in a minimum of $500 fee.
Rescue Fee of $500 minimum is chargeable if the boat is disabled due to violation of safety rules or operator negligence.
Smoking Fee of $150 will be charged if there are ANY signs or odors of smoking.
Illegal Docking Fee of $250 will be charged if you dock or moor the vessel to any structure or vessel at any point during your possession of the vessel unless prior consent is obtained from a Chicago Boat Company staff member.
Reckless Operation Fee of $500 while operating vessel includes, but not limited to, endangering yourself or others around you, driving in front of or cutting off other vessels and boats, dangling body, or body parts outside of the vessel and designated seating area, driving under the influence, consuming alcohol while driving, driving above cruising speed specified, or making sharp or rapid turns of the vessel wheel causing damage to vessel. You must remain seated at all times.
Speeding Fee of $500 is chargeable if the boat is operated over the prescribed speed as directed in the safety video and the onboard vessel orientation. The boats are electric, and if operated at higher than normal cruise speeds, will quickly drain batteries rendering them useless for rentals throughout the day. Your complete cooperation in operating the vessel at a normal cruise speed is appreciated and required.
Materials Cleanup Fee of $500 is chargeable if detected or found on vessel (includes blood, vomit or other bodily fluids).
Charges for losses or damages to the vessel will be calculated at Chicago Boat Company standard service and parts rates. We reserve the right to designate which subcontractor will be used to repair all damages in the event of an incident. A price list of parts may be requested from the office. Labor rate is $110 per hour, and haul-out is $10.00 per linear foot.
No refunds will be issued if the boat is returned before the rental time has expired. Minors under 13 years of age are not permitted to participate.
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