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SOUND BOAT TOURS

PASSENGER LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

Please read carefully. This is a legal document that affects your rights.

In consideration for being permitted to participate in a charter, cruise, tour, or other activity operated by Sound Boat Tours ("Company"), I agree to the following:

1. ASSUMPTION OF RISK

I understand that boating and water-based activities involve inherent risks that cannot be eliminated without fundamentally changing the nature of the activity. Such risks may include, but are not limited to:

  • Vessel movement, wakes, waves, and changing water conditions
  • Slips, trips, falls, and loss of balance
  • Boarding and disembarking the vessel
  • Exposure to weather, wind, sun, rain, cold, and other environmental conditions
  • Mechanical failure or equipment malfunction
  • Drowning, immersion, hypothermia, or other water-related injuries
  • Delayed access to emergency medical care
  • The actions or omissions of other passengers

I knowingly and voluntarily assume all risks, both known and unknown, associated with participation in the charter.

2. MEDICAL FITNESS

I certify that I am physically capable of participating in the charter and have no medical condition that would create an unreasonable risk to myself or others.

I understand that Sound Boat Tours does not provide medical care and is not responsible for evaluating my physical condition or fitness to participate.

3. EMERGENCY MEDICAL CARE

In the event of illness, injury, or emergency, I authorize the Captain and crew to obtain emergency medical assistance on my behalf if deemed necessary.

I understand that I am solely responsible for any resulting medical expenses and related costs.

4. RELEASE OF LIABILITY

To the fullest extent permitted by law, I release, waive, discharge, and hold harmless Sound Boat Tours, its owner, captain, crew, employees, agents, contractors, successors, and assigns from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or related to my participation in the charter, including injuries, property damage, illness, or death resulting from the inherent risks of boating and water-based activities.

Nothing in this Agreement shall be construed to release claims arising from gross negligence, reckless conduct, willful misconduct, or any liability that cannot legally be waived under applicable law.

5. COVENANT NOT TO SUE

To the fullest extent permitted by law, I agree not to initiate or maintain any lawsuit or legal proceeding against Sound Boat Tours for claims covered by this Agreement.

6. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless Sound Boat Tours from any claims, liabilities, damages, costs, or expenses, including reasonable attorney fees, arising from:

  • My actions or omissions;
  • The actions of guests under my reservation;
  • Any minor under my supervision;
  • Damage caused by me or my party.

7. PASSENGER RESPONSIBILITIES

I agree to:

  • Follow all instructions provided by the Captain and crew;
  • Conduct myself in a safe and respectful manner;
  • Refrain from behavior that creates a risk to passengers, crew, or the vessel;
  • Wear safety equipment when instructed.

I understand that unsafe, disruptive, abusive, or unlawful behavior may result in immediate termination of the charter without refund.

8. ALCOHOL POLICY

Sound Boat Tours may permit passengers to bring and consume alcoholic beverages in moderation, subject to the Captain's discretion.

I understand and agree that:

  • Excessive intoxication is prohibited;
  • Illegal drugs are prohibited;
  • The Captain has sole authority to determine whether alcohol consumption has created a safety concern;
  • The Captain may terminate the charter, return to port, or refuse boarding to any passenger whose behavior presents a safety risk.

No refund shall be required when a charter is terminated due to passenger misconduct or intoxication.

9. DAMAGE TO VESSEL OR PROPERTY

I accept financial responsibility for damage to the vessel, equipment, furnishings, or property caused by me or members of my party beyond ordinary wear and tear.

10. WEATHER, SAFETY, AND OPERATIONAL DECISIONS

The Captain has sole authority regarding vessel operation and passenger safety.

I understand that routes, destinations, departure times, return times, and charter activities may be modified, delayed, shortened, postponed, or canceled due to:

  • Weather conditions;
  • Mechanical concerns;
  • Safety considerations;
  • Regulatory requirements; or
  • Other circumstances beyond the Company's control.

11. MINORS

A parent or legal guardian must sign on behalf of any participant under eighteen (18) years of age.

The signing parent or guardian accepts full responsibility for the minor's participation, conduct, and safety.

12. PHOTO AND VIDEO RELEASE (OPTIONAL)

Unless I notify Sound Boat Tours in writing before departure, I grant permission for photographs and videos taken during the charter to be used for marketing, advertising, website content, and social media purposes without compensation.

13. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Washington and applicable federal maritime law.

Any legal proceeding arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located within the State of Washington.

14. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
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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