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RELEASE AND WAIVER OF LIABILITY AND WAIVER OF JURY TRIAL AND WAIVER OF ALL CLAIMS AGAINST PON-TIKI CHARTERS.

RELEASE AND WAIVER OF LIABILITY AND WAIVER OF JURY TRIAL AND WAIVER OF ALL CLAIMS AGAINST PON-TIKI CHARTERS.

Please read this document. It affects Your legal rights against Pon-Tiki Charters 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 Pon-Tiki Charters and that you have read the agreement and agree to its terms.


  1. 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.


  1. 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 Pon-Tiki Charters, 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.


  1. CONSENT TO PHOTOS AND VIDEOS. I authorize Pon-Tiki Charters to use any photographs, personal narrative, interviews, or audio and video recording of my participation on the vessel for any and all purposes.

 

  1. 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 Pon-Tiki Charters 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.

 

  1. PON-TIKI CHARTERS LLC IS ASKING YOU TO GIVE UP LEGAL RIGHTS IN ORDER TO BE A PASSENGER ON OUR VESSEL. Pon-Tiki Charters 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 Pon-Tiki Charters 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 Pon-Tiki Charters 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 Pon-Tiki Charters 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 Pon-Tiki Charters if you are injured.

(d)You give up the right to claim money from Pon-Tiki Charters if you are injured by another person.

(e)You give up the right to recover damages or punish or make an example of Pon-Tiki Charters .

  1. 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, Pon-Tiki Charters includes people who work for or are associated with Pon-Tiki Charters , like its owners, associated companies, managers, employees, directors, members, agents, volunteers, sponsors, vendors, and exhibitors.

 

  1. 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 Pon-tikicharters.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



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*

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

First Name*

Middle Name

Last Name*

Phone*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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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