Shaka Wasaga Boat Cruise Online Waiver
COMPLETE RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY!
The term “Boating Activities” is inclusive of all authorized activities conducted on the vessels or grounds operated by Shaka Wasaga Boat Cruise, to include events or services hosted, arranged, or provided by Shaka Wasaga Boat Cruise; boarding and disembarking the vessels; use of equipment and consuming of anything on the boats.
I agree to provide proper identification prior to boarding the vessel.
I. ASSUMPTION OF RISKS. I understand that I may be exposed to hazards and risks such as but not limited to inclement weather; poor boating conditions; equipment failure; acts of fellow participants; exposure to COVID-19 or any other pathogen, collision with other vessels/marine items/debris while participating in boating activities which may result in loss of personal items; personal injury or death to myself, my ward or pet if applicable. I understand the physical exertion required for the boating activities may activate or further complicate any pre-existing physical condition and acknowledge that I should seek medical advice prior to the date of the cruise if I know or suspect that my condition may not be compatible with any boating activity. I HEREBY ASSUME SUCH RISKS.
II. SAFETY. I acknowledge that the Captain of the vessel is the primary authority during the cruise and is responsible for the safety of all guests and crew. I agree to follow all lawful orders of the Captain including but not limited to remaining in my seat, refraining from continuing a designated action etc. I understand that swimming is not permitted during the cruise for safety reasons. I agree to act in a responsible and respectful manner to not just the crew but to all other participants during boating activities. I acknowledge that failure to comply with section two will result in possible immediate termination of the boating activities and I will be ordered to leave the premises. Should the boating activities be cancelled due to my actions, I acknowledge that I will be held financially responsible for damages or refund to other participants and a fee may be charged up to $2,000.
III. ALCOHOL, MARIJUANA, TOBACCO PRODUCTS AND ALL OTHER ILLEGAL SUBSTANCES. I acknowledge that smoking or vaping of any product, use of marijuana and any other illegal substance while participating in boating activities is PROHIBITED. I agree that if consuming alcohol, I will do so responsibly and in a manner which will not impede my judgement or safety. I will comply if the staff of Shaka Wasaga Boat Cruise refuses to serve me alcohol. I understand that I will be refused to participate in the boating activities if I arrive intoxicated and will be removed from the cruise if my action becomes inappropriate such as but not limited to offensive language or violence towards anyone present during the boating activities, excessive noise, creating an unsafe environment. Such actions may result in a fee of up to $2000.
IV. USE OF EQUIPMENT. I acknowledge that I am only to use authorized equipment only in the manner directed by Shaka Wasaga Boat Cruise employees. This is to include the use of the toilet only as directed. Failure to comply with the direction provided will result in a charge of up to $100.
V. PHOTOS. I agree to have my photo and video recording taken and used by Shaka Wasaga Boat Cruise on their website and advertisements either via a third party or on social media.
FOR PARTICIPANTS UNDER THE AGE OF 18, I HEAR BY CONSENT THAT I AS A GUARDIAN WITH LEGAL RESPONSIBILITY AND AM AWARE OF THAT SIGNING THIS AGREEMENT, I UNDERSTAND I AM WAIVING CERTAIN LEGAL RIGHTS OF WHICH OF THE MINOR, THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNED AND REPRESENTATIVES MAY HAVE AGAINST SHAKA WASAGA BOAT CRUISE.
BY SIGNING THIS AGREEMENT FOR MYSELF, I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNED AND REPRESENTATIVES MAY HAVE AGAINST SHAKA WASAGA BOAT CRUISE. THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING TO THE ABOVE MENTIONED IN THE EVENT OF MY DEATH OR INCAPACITY. I ACKNOWLEDGE AND CONFIRM THAT I HAVE READ THIS AGREEMENT AND UNDERSTAND THE TERMS PRIOR TO SIGNING IT.