RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I", "me", or “my”) desires to participate in the Cycleboat Tour (the "Activity”) on the Cycleboat (the “Vessel”) provided by CCOSH LLC d/b/a NYC Cycleboats, a New Jersey Limited Liability Company (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (the "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, DEATH AND PROPERTY DAMAGE (“INJURIES AND DAMAGES”) RESULTING FROM, BUT NOT LIMITED TO: (I) PHYSICAL EXERCISE AND EXERTION; (II) PHYSICAL CONTACT WITH OTHER VESSELS, OTHER INDIVIDUALS AND WATER HAZARDS; (III) FALLING OR TRIPPING DUE TO WATER HAZARDS, UNEVEN SURFACES OR DEBRIS; (IV) FALLING FROM HEIGHTS, INCLUDING FALLING OFF THE VESSEL; AND (V) OTHER HAZARDS ASSOCIATED WITH TRAVEL IN SUCH VESSEL. I FURTHER ACKNOWLEDGE AND UNDERSTAND THESE INJURIES AND DAMAGES CANNOT BE ELIMINATED WITHOUT DESTROYING THE UNIQUE CHARACTER OF THE ACTIVITY. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I further understand that on rare occasions an emergency requiring medical treatment can develop. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during use of the Vessel. I agree to pay for any medical, dental, surgical, or other hospital care, or diagnosis rendered to me. It is understood that I am required to designate an emergency contact and that efforts shall be made to contact my designated emergency contact before rendering treatment, but that any of the above treatment will not be withheld if the designated emergency contact cannot be reached.
To the fullest extent permitted by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS the COMPANY and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to my use of the Vessel, even if caused by the NEGLIGENCE of the Released Parties; Such negligence could involve (a) negligent operation and supervision of the Vessel, (b) negligent maintenance or operation of the equipment or Vessel in general, (c) negligent manufacture of or use of equipment to be used in the Vessel, including the Vessel itself, and (d) the negligent provision of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, and administrators. This Waiver and Release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver and Release is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release shall not be affected thereby and shall remain valid and fully enforceable.
Alcohol Agreement Clause
Hard alcohol, liquor, and mixed drinks are NOT permitted aboard the boat. Company employees are not permitted to sell, furnish, or serve guests. I understand and confirm that alcohol consumption shall be at my own discretion, risk and liability, and that I may be required to produce government-issued photo identification prior to such consumption. I understand that the Company reserves the right to remove me if I become inebriated and misbehave or have the potential to cause harm to myself or any other person or persons. If I am removed pursuant to this paragraph, it shall be without any sort of refund or reimbursement by the Company. I hereby assume all risk involved with the consumption of alcohol and unconditionally hold the Company and its affiliated entities and members harmless. For the sake of clarity, and to the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS the Company and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, "Released Parties") from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to alcohol impairment while on the Vessel.
If there is inappropriate behavior, the captain and crew have the authority to terminate a tour or remove individuals.
Inappropriate behavior will result in early termination of the tour and a forfeiture of all deposits and fees by the customer(s) who violated our terms. Examples include but are not limited to: Extreme intoxication, Public urination, Littering, Fighting
Please be respectful of the Hudson River and boating community. We’ve worked hard to create a fun, exciting new venture, so please help us keep a good reputation!
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in RICHMOND COUNTY, New York and I hereby consent to the exclusive jurisdiction of such courts.
I HEREBY WAIVE ALL RISKS DESCRIBED HEREIN, AND RELATED HERETO, UPON THIS VISIT TO NYC CYCLEBOATS AND ALL FUTURE VISITS TO, AND USES OF, THE NYC CYCLEBOAT.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Electronic Signature and Acknowledgement
I AM OVER EIGHTEEN (18) YEARS OLD AND BORN ON THE DATE BELOW
Enter your full name and date of birth to acknowledge your electronic signature of this document in lieu of an original signature on paper.
Emergency Contact Information
I will be responsible for minors during the above mentioned Activity (If "YES" you must fill out section below)
For Minor Participants Under the Age of 18
I AM OVER TWENTY FIVE (25) YEARS OLD AND THE PARENT OR LEGAL GUARDIAN OF THE MINORS NAMED BELOW FOR THE ACTIVITY. I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY CHECKING THE BOX BELOW, I HEREBY DO CONSENT TO THE TERMS AND CONDITIONS OF THIS RELEASE OF LIABILITY.