34フィートの木製クラシックボートで7月4日を祝いましょう

These terms, including the Waiver and Release of Liability, Assumption of Risk, and Indemnity Provisions provided separately (collectively referred herein as “Agreement”), all form an agreement between you and our company and is applicable not only to you but also to all others in your party, and as such you agree you all are to be considered charterers or sub-charterers, and all of your and their representatives, including but not limited to, other operators, riders, guests, users, and each spouse(s), heir(s), children, principal(s), agent(s), executor(s) and assign(s) (collectively referred herein as “Participant(s)” and/or “Charterer(s)”), of the watercraft and equipment provided by Tour Company (for purposes of this Agreement, the term “Tour Company” includes our company, as well as all of its owners, principals, related entities, investors, managers, members, partners, officers, employees, agents, representatives, servants, assigns, successors, volunteers, registered vessel owners, insurers and subsidiaries, as well as all other persons or entities acting in any capacity on its or their behalf (collectively referred herein as “Tour Company”).  By engaging Tour Company, you are agreeing to all of these terms on behalf of yourself as well as others in your party, and that you have authority to agree to on behalf of all those in your party, and that this Agreement is also on behalf of any and all others as well as minor children for whom you or they are the parent, guardian, or otherwise responsible for care, custody or control.   Participant(s) certify that each has received adequate and proper safety instruction for the equipment and watercraft from Tour Company and are each are mentally, physically, medically capable in all aspects of participating in the tour and related activities and following all safety instructions. Participants agree not to use, nor permit the use of the watercraft or equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions received from Tourl Company.  Participants also agree to the following all the terms and conditions:   (1) PAYMENT TERMS: Prior to initiation of the tour, payment in full is due.  Participants acknowledge that each tour starts at the time specified in the booking.  Tour Company’s ability to provide watercraft and equipment if reserved, is contingent upon and subject to return of the unit and equipment for other tours or any other cause beyond Tour Company’s control.  (b)  DAMAGE: Participant(s) agree to pay all labor, material, and accompanying charges related to all loss or damages (including cosmetic damage) and lost equipment occurring while the vessel and equipment is under charterer, unless the sole fault of Tour Company.   (c) Fines and Legal Expenses.  Participant(s) agree to be liable for all fines, penalties, forfeitures, court costs, and other expenses that may be assessed against Tour Company that are due by reason of Participant’s possession and/or use of the vessel or equipment. Tour Company shall further be entitled to recover such amounts along with all attorney fees, collections costs, and other expenses and court costs incurred in collecting any charges related to this Agreement, recovering possession of its property, or otherwise connected to this Agreement or the activities with the vessel or equipment.  Participants agree they are solely responsible for timely paying all fines, tickets, or other penalties assessed directly against them by any agency with the authority to do so. (d) Other Expenses. In addition to the foregoing, if Tour Company determines in its sole discretion that any Participant(s) have provided any false or misleading information related to the Agreement, has breached the Agreement, or has caused the vessel to be operated in an imprudent or unlawful manner, Tour Company may immediately terminate the Agreement, retrieve the vessel, and assess all Fees indicated on the Agreement as well as any remitting damages.  Participants shall be further responsible for all other expenses Tour Company incurs as a result of the acts or inaction of Participants, including without limitation all indemnities.  (3) BAREBOAT CHARTER.  In consideration of the fees and strict adherence to this Agreement, Participant(s) shall be permitted to utilize the vessel, watercraft and/or equipment on a “bareboat charter” basis. Participants, and all those aboard the watercraft and all those participating in the charter in any way, agree that none are “passengers” as defined by 46 U.S.C. § 2101(29)(A) and stipulate that all are individual charters or individual charter representative(s) as defined by Section 2101.     (4) WARRANTY:  Tour Company makes no warranties, express or implied, as to the craft or equipment being used or as to the nature of the activities and Participant(s) understand that Tour Company make no representations or warranty of any kind, nature, or description, express or implied, written or oral as to the vessel or the activities, including without limitation the condition, quality, merchantability, or fitness for any particular purposes as accepts the vessel and equipment “as is”.  The Participant(s) assume the responsibility for the condition of the craft and equipment as well as acknowledges they have carefully examined the craft, which is defined to include all equipment and accessories, finds it in good, safe, and seaworthy condition as well as fit and suitable for its intended purpose for which it is being used, and that all other accessory equipment is in suitable and acceptable condition. .   (7) CANCELLATION: Customers will receive a full refund or credit with 7 days notice of cancellation. Customers will also receive a full refund or credit when our company must cancel due to weather or other unforeseen circumstances. Contact us to cancel or inquire about a cancellation. No-shows will be charged the full price. (8) INHERENT DANGER: Each Participant understands and agrees that watercraft and their operation as well as use of equipment involves an inherently dangerous activity. Some of the risks include, but are not limited to: collision, allision, falling overboard, drowning, hypothermia, broken bones, bruises, propeller strike, loss of limbs, paralysis, and death, among others.  The Participant certifies that each assumes the risk of injury, death, illness or other loss, and agrees that in no event is Tour Company liable. Furthermore, by electronically signing this agreement and/or engaging in the activity, each Participant acknowledges that water sports entail known and unanticipated risks which could result in personal physical or emotional injuries, paralysis, death or damages to the participant, to property or to third parties. In engaging in this rental, those electronically signing acknowledges his/her/their understanding that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include as noted above, but are not limited to, bodily injury, death, dismemberment, from among other causes impact with water, other vehicles or participant’s own equipment, open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in water (natural or manmade), wildlife (animals, birds, fish etc.) and plants, negligence caused by those participating in the activity or third parties.  The Participant represents they are familiar with and will comply with all California, Nevada, and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which they intend to use the rented vessel.     The undersigned further acknowledges that while guides, instructors, and other staff seek to provide a safe environment and experience, they are not infallible. They might misjudge the weather or terrain, or give inadequate warnings. They might be ignorant of a participant’s fitness, past experience or abilities. Participants further acknowledge that there are different levels of participation available and has chosen the activity personally, based upon their judgment and skills, agrees there has been no misrepresentations, and releases any and all liability by Tour Company as expressed herein.  (9)         HOLD HARMLESS AND INDEMNITY: The Participant hereby agrees and represent to have the actual authority to bind themselves and all other in their group as well as their heirs, personal representatives, principals, agents, and assigns as well as all of those participating in the activities described herein and hereby on his/her/their behalf, releases and discharges Tour Company, its owners, officers, affiliates, employees, agents, and assigns from any and all claims, loss, costs, damages, expenses, actions, judgments, and attorney fees, which the Participant or their heirs, riders, guests, personal representatives or assigns may or have, or claim to or will have, including but not limited to, for negligence of the Tour Company, its owners, officers, affiliates, employees, agents, and assigns, created by or arising from any instruction (or lack thereof), inspection, provisioning, use, operation, entrustment, handling, or transportation of the watercraft and/or equipment by the Tour Company or anyone else. Participant(s), on behalf of himself/herself, themselves and with express authority of all those participating in the activities described herein, further agrees to DEFEND, INDEMNIFY AND HOLD HARMLESS the Tour Company, its owners, officers, affiliates, employees, agents, and assigns, from and against any and all loss, disputes, claims for loss of/or damage to property or injury to persons (including death), fines, penalties, liabilities, charges or expenses of any nature whatsoever resulting through or which are created or arise out of the use, operation or possession of the craft or equipment and/or relating to or arising from being on or at the premises of Tour Company.  Participant(s) further agrees to hold the Tour Company harmless should loss or damages occur to any of the Participant’s personal property while carried in or on the craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.  Participant(s) also expressly agrees to defend, indemnify and hold Tour Company, including but not limited to its owners, officers, affiliates, employees, agents, and assigns, harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing Agreement by Tour Company, including but not limited to, expenses incurred to enforce this agreement, in collection or attempting to collect delinquent payments and in the event of a suit by Tour Company to recover possession of the craft and/or to enforce any of the terms, conditions and/or provisions hereof. The Participant agrees to pay all claims brought by third parties resulting from the operation and/or use of the craft and/or equipment, including Tour Company’s attorney fees and other costs.  (10)  COVID-19 & VIRUS RELEASE. Tour Company cannot guarantee that Participant(s) will not become infected with COVID-19 or other illness while at the rental facility or during the rental period.  By electronically signing this Agreement, Participant acknowledges the contagious nature of COVID-19, as well as other viruses, bacteria, amoebas, pathogens, chemicals, toxins, and/or parasites, and voluntarily assumes the risk that anyone using the water craft or equipment may be exposed to illnesses and that such exposure may result in personal injury, further illness, permanent disability or death.  Notwithstanding such risk, Participant voluntarily agrees to assume them by using the water craft and equipment consistent with this Agreement, and hereby releases and hold harmless Tour Company, its employees, and contractors, from any and all claims, liability, or damages in connection with COVID-19 or other exposure, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF TOUR COMPANY.  (11) APPLICABLE LAW, VENUE & TIME LIMITATIONS: This Agreement shall be governed by and construed under General Maritime Law, including well as the Limitation of Liability Act (“LOLA”), 46 U.S.C. §§ 30505 et seq., including but not limited to, capping any claim for loss or damages, however pleaded or styled, to the value of the vessel as provided by LOLA and applicable law.    LESSEE agrees and stipulates that no contract of carriage is created by this agreement or otherwise and that the watercraft is not being used to transport passengers between ports in the United States.  LESSEE further knowingly, willingly, and voluntarily waives the provisions of 46 U.S.C. § 30509 and stipulates it shall not apply to the rental or in any and all proceedings.   Participant(s) agree and stipulate that no public contract of carriage is created by this agreement or otherwise and that the watercraft is not being used to transport passengers between ports in the United States but rather is a limited voyage charter.  Participants further knowingly, willingly, and voluntarily waive the provisions of 46 U.S.C. § 30509 and stipulate it shall not apply to this agreement or in any and all proceedings.  It is further understood and agreed that venue of any dispute or action arising under this Agreement and any and all claims or disputes shall be litigated in and before the United States District Court for the District of Nevada located in Reno, Nevada, to the exclusion of any other fora or venue and to the exclusion of the courts of any other state, city, municipality, county or locale, or if no basis for federal jurisdiction exists, in a court serving Washoe County, Nevada. LESSEE consents to jurisdiction and waives any objection that may be available to any such action being brought in such courts.   Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death, no lawsuit may be brought against Tour Company unless (1) written notice giving full particulars of the claim is delivered to Tour Company within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness,  death, and (3) valid service of the lawsuit is made within 90 days of filing the complaint. All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this Agreement or the rental, other than for emotional or bodily injury, illness or death of any Participant, shall be brought against Tour Company unless (1) written notice giving full particulars of the claim is delivered to the Tour Company within 15 days of the end of the rental, (2) legal action on such claim is commenced within 1 year from such scheduled termination date, and (3) valid notice or service of any such action is effected upon Tour Company within 90 days after commencement of the action. (12)   JURY WAIVER: All parties to the Agreement hereby knowingly, willingly, and voluntarily and forever waive the right to have a jury trial. (13)   SEVERABILITY:  The parties agree that the terms of this Agreement are arrived at through mutual agreement and negotiation, with the ability to change such terms should all parties agree, and that they do not involve important public safety interests, but relate only to the parties’ private and voluntary interests.  Should any item or condition of this Agreement be held void or unenforceable, then that item shall be deemed severed from this agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect. THE TERMS AND CONDITIONS ON THIS AGREEMENT, ALONG WITH THOSE ALSO PROVIDED IN WRITING FORMS A CONTRACT CONTAINING THE ENTIRE UNDERSTANDING BETWEEN EACH PARTICIPANT AND TOUR COMPANY AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THE AGREEMENT.  Additionally, the consideration recited in making the reservation herewith is the full, complete and entire consideration for this Agreement, and there is no further consideration to be paid by any party to any other party other than as recited herein. By engaging in the rental and by acknowledgement of these terms and this agreement, each Participant acknowledges and agrees that each has read and understood the terms and agrees to be bound by them. If any of the guest(s) identified is a minor, the Participant, as their parent or guardian, agrees that they are also bound by these terms. Each Participant expressly warrants and represents that before executing this Agreement, each has fully informed himself, herself and/or themselves of the terms, conditions and effect of this Agreement, and that each has relied solely on their own judgment in executing this document and/or agreeing to the terms. Each Participant has read the terms of this Agreement, including the accompany provisions regarding Assumption of Risk, Release and Covenant Not to Sue, and Indemnity, and by agreeing to these terms, each understand that Participant is giving up substantial rights in consideration for use of Tour Company’s watercraft and equipment.  As a Participant, it is agreed that this Agreement is entered into willingly, freely and voluntarily.  CAUTION!!!  READ ENTIRE DOCUMENT BEFORE ELECTRONICALLY SIGNING.  BY ELECRONICALLY SIGNING AND/OR PARTICIPATING, YOU AGREE ON BEHALF OF YOURSELF AND ALL OTHERS IN YOUR PARTY TO THE TERMS OF THIS DOCUMENT, YOU AGREE THAT IT AFFECTS YOUR AND THEIR LEGAL RIGHTS, AND YOU KNOWINGLY, WILLINGLY & VOLUNTARILY RELEASE ALL LIABILITY AGAINST TOUR COMPANY