Nouveau Tri-Toon de luxe sur le lac Old Hickory

Cancellation Policies: If the client cancels the booking within 5 calendar days of the trip date, client agrees to a refund of 100% of the total booking price. In the event the vessel is out of service due to mechanical issues or the captain determines the weather is unsatisfactory and/or unsafe (in his/her sole discretion), the client may receive a full refund with no penalty or may choose reschedule the trip.       Additional Terms: Client agrees that he/she is responsible for the behavior and actions of his/her/its guests. Client agrees that no illegal activity (or contraband) of any kind is/are allowed to be performed and/or brought on to the vessel by Client or his guests. Client further acknowledges that any damages caused by Client and/or his/her/its guests to the vessel or otherwise, are the sole legal responsibility of Client and his/her/its guests and not that of the Company.  Furthermore, Client agrees to indemnify Company to the fullest possible extent (including legal fees, costs and damages) in the event a claim or legal proceeding is commenced against Company for any reason whatsoever, relating to Client's guests.  Client specifically agrees to obtain insurance to cover any liabilities to him/her/its self, its party, and any third party for any and all claims, for any reason, whatsoever. In the event damage to the vessel is caused by Client or party, Client is jointly and severally liable for said damage.  In the event of such damage, Company shall notify Client,  within 24 hours of the Trip return and describe said damage, including remitting pictures, if applicable.  Client agrees that he/she has 48 hours of the return Trip, to return to the vessel to inspect such damage and claims made by Company.  Failure of Client to return within said period to make an inspection of Company's claims shall act as a complete bar to refute such claims.   Client and his Party acknowledges that boating, swimming, diving, and related activities may pose potentially serious risks of injuries to their participants including, injury or death as a result of Client or Client's guests negligence, the negligence of others, or through no fault of Company or anyone else, because of the nature of the activity in which Client or his guest may engage. Client also, understands that weather and nature, are often unpredictable and difficult to control. Company, (which is hereby expressly includes vessel owner, vessel captain and crew, staff, their agents, employees, members, officers, directors), are not liable for any injury (or loss of any type) to, or the death of, a participant during the Trip, for any reason whatsoever. Client and his Party expressly assume the risk of injury or death due to their own negligence, negligence of Company or the negligence of any third-party.  Client acknowledges the foregoing, and is a complete and utter inducement for the Company to allow Client and his Party to participate in Trip and on the vessel.  Client and his/her/its party hereby unequivocally waive and/or release any and all rights, claims, and/or suits, in any and all form, that Client or Client’s guests or their heirs may have to make a claim against Company arising from any damages, injury, or death which Client or Client’s guests might sustain or which might occur on vessel or during Trip. Client and Client’s guests further agree to indemnify (to the fullest extent of the law, including attorney fees, costs and damages) and hold harmless Company against any claims which Client or Client’s guests might make or which might be made on Client or Client guests’s behalf by others or which might be made against Company by others, arising from Trip and/or vessel. By freely and voluntarily booking the Trip, Client acknowledges that he/she knowingly, freely and voluntarily gives up all legal claims provided in this hold harmless agreement and has provided its/his/her guests with a copy of these terms and that they have agreed to same.  Client further agrees to indemnify, defend and hold harmless Company from any and all losses, claims, damages and liabilities, joint or several, to which Company may become subject under any applicable law or suit related to or arising out of this agreement and/or Trip.  Client acknowledges that it is the responsibility of the Client and its guests that all personal belongings, including but not limited to money, phones, wallets and jewelry, be removed from the vessel prior to departing. Client further acknowledges that the company and/or staff are not responsible for any missing, lost, or stolen items. Client further indemnifies Company for any and all claims for which Company would be liable to defend. Client will reimburse Company for all fees and expenses (including reasonable counsel fees and expense) as they are incurred in connection with the investigation of, preparation for, and defense of any pending or threatened claim or any action or proceeding arising therefrom, whether or not Company, as the Indemnified Party is a party and/or the prosecution and defense of any counter claims, cross claims, and third party claims arising therefrom or related thereto.  This paragraph is valid and enforceable even if the Client or its/his/her guests are the party instituting the action and Company is a named Defendant. Client and his Party shall, at its own expenses purchase insurance to cover any and all claims for any reason whatsoever that may arise out of the Trip and failure to do so is a material breach of the understanding of the parties.    For purposes of this part, proper insurance policy in effect, which shall cover any and all damage or losses to Client, its/his/her party, the vessel, the Company or any third parties resulting from any act associated with the contemplated Trip.  Should the above insurance carrier deny said coverage, Client, any corporate entity and/or any authorized representatives shall be joint and severally liable for any and all costs (including attorney fees and costs) due to loss or damage. Client and his/her/its guests are responsible for any and all loss of or damage, of any kind, resulting from any cause including, but not limited to, theft, vandalism, seizure, or other acts of god regardless of fault.  Notwithstanding the foregoing waiver language herein, the Client and his party can only claim damages, if allowed, to the maximum amount actually paid to Company for the Trip.  Moreover, its agreed that if a claim for negligence is made, for any reason, said negligence must not be simple negligence but  rise to the level of gross negligence.     Client grants Company a limited power of attorney to present claims for damage or loss to the Client's insurance carrier. In no event shall Company, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.  Notwithstanding the foregoing waiver, Client further agrees that any and all claims shall be made solely against the corporate entity and not against any of its officers, directors, employee, members, representatives and/or agents. If Company requires the use of an attorney to enforce any provision of this Agreement, including but not limited to collection of any money owed, client shall pay all attorney fees, costs and expenses for such enforcement (up to and including the appellate level). This Agreement shall be construed in accordance with and shall be governed by the laws of the State of Tennessee, and venue of any action hereunder shall lie solely with the courts in and for Lebanon, Wilson county, Tennessee to which jurisdiction each of the parties agrees to submit for the purposes of any litigation involving this Agreement.  Tennessee law to be applied in any litigation and/or interpretation here under. This agreement is intended to be a valid contract. If a court of competent jurisdiction finally determines any part of this agreement to be unenforceable, then the remainder of this agreement shall be severed from the agreement and shall be enforceable.  Acceptance of the terms and conditions herein are a condition precedent and inducement to Company entering into the Trip contemplated herein and but for the terms herein by Client and Client's party, Company would not engage in this agreement.   This Agreement constitutes the complete agreement between the parties and incorporates all prior discussions, agreements, and representations made in regard to the matters set forth here. Accordingly, a claim for fraud, in any form may not be alleged.  This Agreement may not be amended, modified, or changed except by a writing signed by the party to be charged by the amendment, change, or modification.