RELEASE AND WAIVER OF LIABILITY AND WAIVER OF JURY TRIAL AND WAIVER OF ALL CLAIMS AGAINST SOUTH JERSEY TIKI LLC Please read this document. It affects Your legal rights against South Jersey Tiki LLC if you are injured while on board the vessel. By signing this Waiver, you acknowledge that it contains a complete release of any and all claims against South Jersey Tiki LLC and that you have read the agreement and agree to its terms.
- I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks. There is a risk of self-inflicted injury or injury caused by others that can result from being a passenger on a boat. For example, you may sustain injury as a result of slipping on, or striking surrounding elements, including wicker couches, bar, bar stools, tiki hut roof, tiki hut legs, helm, bathroom (head), or other boat components. In addition, since the vessel and the vessel vehicles may contain fiberglass, plastic, wood, metal or other hard or potentially dangerous substances, your contact with them may also cause injury. Furthermore, being a passenger on a boat, boarding or disembarking a boat, and any other activities or traveling associated with this charter may result in injury. All of the above is risky. Although you may have been a passenger on a boat before without any problem whatsoever, severe injury is possible. I AM VOLUNTARILY PARTICIPATING IN THIS CHARTER AND I AM PARTICIPATING AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL DURING THE CRUISE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION DURING THIS CHARTER. Please contact our staff for details.
- ALCOHOL CONSUMPTION. All State, County and City laws relating to alcohol consumption apply. It is my responsibility to make sure that I follow these laws at all times including without limitation laws about public intoxication and public alcohol consumption. It is my responsibility to avoid becoming intoxicated during the charter. If I become too intoxicated and/or violate a law or local ordinance, I do so at my own risk and I assume all liability, risk and responsibility for the same. I also may be required to leave the charter. I understand that my presence on or around the vessel, my participation in any activities offered by South Jersey Tiki LLC , and/or my consumption of alcoholic beverages or association with people who are consuming alcohol carry with them certain risks, known and unknown, including but not limited to the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage.
- CONSENT TO PHOTOS AND VIDEOS. I authorize South Jersey Tiki LLC to use any photographs, personal narrative, interviews, or audio and video recording of my participation on the vessel for any and all purposes.
- FIRST AID. I fully understand that the involved boat has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. In the event that I should require medical care or treatment, I authorize South Jersey Tiki LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
- SOUTH JERSEY TIKI LLC IS ASKING YOU TO GIVE UP LEGAL RIGHTS IN ORDER TO BE A PASSENGER ON OUR VESSEL. South Jersey Tiki LLC is asking you to give up certain valuable legal rights. You, your personal representative and your heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify South Jersey Tiki LLC and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of your participation on the vessel. You specifically understand that you are releasing, discharging and waiving any claim or action that you may have present or in the future for the negligent acts or conduct by the owners, agents, servants or employees of South Jersey Tiki LLC or any of the designers or manufacturers of the vessel.
Here are the legal rights that you are giving up when you sign this document: (a)You give up your right to sue South Jersey Tiki LLC in a court of law. (b)You give up your right to a trial by jury. (c)You give up the right to claim money from South Jersey Tiki LLC if you are injured. (d)You give up the right to claim money from South Jersey Tiki LLC if you are injured by another person. (e)You give up the right to recover damages or punish or make an example of South Jersey Tiki LLC. - WHO IS BOUND BY THIS WAIVER AND RELEASE? You are bound by this document. Anyone who has or can obtain your rights is also bound by this document, like your family, relatives, guardians, executives or anyone responsible for you. As used in this document, South Jersey Tiki LLC includes people who work for or are associated with South Jersey Tiki LLC , like its owners, associated companies, managers, employees, directors, members, agents, volunteers, sponsors, vendors, and exhibitors.
- DO YOU AGREE TO ABIDE BY THE RULES OF SAFE CONDUCT SPECIFIED TO YOU VIA THIS WAIVER, CAPTAINS BRIEFING PRIOR TO DISEMBARKMENT, AND RULES LISTED ON www.southjerseytiki.com WEBSITE, AND ACKNOWLEDGE THAT THE INFORMATION YOU HAVE PROVIDED ON THIS WAIVER AND RELEASE IS ACCURATE?
I Agree Minor Signature Signature of Your Parent or Guardian
|