Waves WNY LLC
Waiver / Terms and Conditions
ATTENTION: READ THIS DOCUMENT BEFORE SIGNING OR ACCEPTING AS PART OF THE CHECKOUT PROCESS.
This is a contract and such, do not sign it without reading and understanding it in its entirely. By signing this contract, or accepting as part of the checkout process you give important legal rights. Do not sign this document or accept the checkout process gunless you UNDERSTAND AND/OR ACKNOWLEDGE AND AGREE TO BE BOUND BY ITS CONDITIONS.
PLEASE READ CAREFULLY
I, Captain Nedim Catovic promise and certify that I have a Captain’s License issued by the U.S. Coast Guard and I am legally qualified to take passengers on boating charters. I promise not to take any unnecessary risks and will avoid bad weather to the fullest extent possible. My goal is to make your trip both memorable and safe.
Boating and water activities are potentially dangerous activities. Waves WNY LLC adheres to the highest safety and training standards but there are inherent risks which we can not control and can not be eliminated. You must be aware of these risks before you take a trip with us.
THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
I/We the undersigned, fully understand that we are boarding a charter vessel on the waters of Lake Erie. I understand that I have a duty to exercise reasonable care for my own safety and I agree to do so. I understand and assume the risks and hazards associated with this activity. These risks and hazards include, but are not limited to, the following:
Sun, rain, lightening, or any other weather conditions; sea sickness; pitching and rolling; lack of hydration or nutrition; slippery and wet decks; injuries, both internal and external from the following non-inclusive list: boarding and disembarking the vessel, vessel occupancy, intentional or unintentional conduct of any other persons aboard the vessel or around the vessel, equipment failure, being hit by other vessels or equipment, etc.
I, all those in my boating party, and the undersigned, fully understand that I am boarding a charter vessel in the waters of Lake Erie. I understand this waiver covers my entire group and that all adults in this group have read or will read this waiver understanding and assuming the risks and hazards associated with boating and water activities.
I, the undersigned, in consideration of the service of Waves WNY LLC, its officers, employees, contractors, agents or representatives, hereby agree to release and hold harmless Waves WNY LLC on behalf of myself, my heirs, assigns, personal representative and estate as follows: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage, or damage to myself, to my property, or to spectators or other third parties.
The following describes some, but not all of those risks. Risks include, but are not limited to: death, drowning, bodily injury, sunburn, dehydration, insect or animal bites, encounters with wildlife, and other harm which may be encountered in participating in boating, water activities, and those activities associated therewith. I expressly agree, and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage to myself, to others, or to my property, arising from my participation in this activity. In signing this document I fully recognize that if anyone is hurt or property is damaged while I engage in this event, I will have no right to make claim or file a lawsuit against Waves WNY LLC or its officers, agents, contractors, or employees.
I UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO LIFEGUARD ON DUTY AND THAT I KNOW HOW TO SWIM. Therefore, if something goes wrong in the water, there is no trained lifeguard to assist me in any way. These activities are not available for non-swimmers, and by signing this document I UNDERSTAND AND/OR ACKNOWLEDGE, that I know how to swim and feel I can swim safely. In the event I showed signs of distressor call for aid, I WILL NOT hold Waves WNY LLC or it’s staff responsible for their actions. By signing this release, I UNDERSTAND AND/OR ACKNOWLEDGE, THAT I HAVE A DUTY TO: EXERCISE REASONABLE CARE FOR MY OWN SAFETY, and the safety of others during any and all activities affiliated with Waves WNY LLC.
I/We understand that there is no representation of a safe rescue or rendering of first aid by the Captain or crew, and agree to hold harmless the Captain and/or crew and/or passengers for actions taken in attempting the performance or rescue of first aid.
PHYSICAL HEALTH: To the best of my knowledge I, the client, have no physical restrictions which would prohibit my participation in any-and-all activities offered by Waves WNY LLC, including boating, boarding or disembarking the vessel, or any other water activty I engage in. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liabilities. Should emergency medical services become necessary to me or any minor I have authorized to participate, I agree that I will not hold Waves WNY LLC liable regarding the provision of medical and/or emergency care or the adequacy of any such care. Waves WNY LLC reserves the right to decline service to any person it judges incapable of meeting the requirements of participating in boating and water related activities.
I/We understand that boating and water activities are not recommended for anyone with pre-existing medical conditions such as circulatory problems, high blood pressure, heart conditions, pregnancy, weak bones, etc. I/We understand that the vessel has very limited medical facilities and in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until transportation to a proper medical facility is arranged.
PERSONAL FLOATATION DEVICES/LIFE JACKETS: I acknowledge that Waves WNY LLC will provide life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel, in the water, or when otherwise instructed to do so. Failure to do so is at my/our own risk. I/we will not remove my Buoyancy control device (LIFE JACKET) at any time while in the water. I understand that doing so will constitute a violation of the safety rules and procedures for which I expressly assume the risks.
RELEASE & ACKNOWLEDGEMENT OF RISK: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. I expressly agree, and promise to accept and assume all responsibilities of all risks while I engage in this event, and agree that I will have no right to make claim or file a lawsuit against Waves WNY LLC, or its officers, contractors, agents, or employees. By signing this Agreement I, myself, or as parent or guardian of any accompanying minor, unconditionally release and hold harmless Waves WNY LLC and/or their representatives against and for all liability, cost, expenses, claims and damages for which the guide might otherwise become liable by reason of any accident, illness or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with or related to the participation in any activity or service offered by Waves WNY LLC, regardless of how, where, or when such injury, illness, death or damage occurs even if caused by the negligence of the guide, its agent, contractor, or employees, or due to conditions, defects in the vessel, equipment or activities.
I agree that any personal items that I opt to not stow safely, are under my own control and the loss or damage of any item is not the responsibility of Waves WNY LLC.
I verify that I am not in possession of any illegal substances and I release the Captain, Crew, and Corporation from any liability whatsoever for any illegal actions taken by myself on the vessel. I understand that if it comes to the attention of the Captain or Crew that I have any illegal substances or participate in any illegal actions, the charter will end immediately and I would be responsible for compensating any charter guest who wishes to pursue action against me. I also certify and promise that although legal in New York state, I am not in possession of any sort of concentrated, medicinal, or any other form of marijuana.
I agree and acknowledge that I have read and fully understand the contents of this entire document, understand that it affects my legal rights, and agree to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon myself, my respective heirs, successors and assigns. I execute it voluntarily with full knowledge of its significance. My participation in these activities is purely voluntarily.
TERMS & CONDITIONS
For all intents and purposes, throughout this agreement, "I" refers to the customer, the user, the group and the parent/guardian if applicable; also "Waves WNY LLC" shall hereafter be referred to as "Waves WNY LLC." Further, the “Charter Period” shall include the time from the moment upon arriving at the boat until all personal items have been collected and deboard the boat, post charter.
I, the undersigned, in consideration of charter boat rental, state that I have read and understand and hereby expressly accept and agree to the following terms and conditions, and accept that forfeiture of booking date/time without refund may result if the following Terms & Conditions are not complied with:
A. Deposit and Final Payment.
1. I agree to pay upon booking 25% deposit (of the total) for the trip requested, including any applicable taxes, fees and surcharges, which may apply, including charges for loss and/or damage defined in this agreement. I agree and authorize Waves WNY LLC to apply any charges to the method of payment used by me at the time of booking unless another form of payment is arranged.
2. I understand that, upon booking, a 25% trip deposit will be processed against my credit card to be used against the final bill and I authorize Waves WNY LLC to charge any amounts due as a result of the booking, plus any damages, if applicable, to my credit card or other payment method provided, prior to boarding the boat the dock.
3. If the charter must return to dock early for any actions prompted by myself or any minor in my charge, no refunds will be honored and I will be responsible for any costs associated with other charter guests refunds.
B. Charter Guest Responsibility.
1. I accept full responsibility for my actions and for those of any minors under my care during the entirety of the charter experience. I am responsible for the any damages done to any property of Waves WNY LLC due to accidents, including those caused by third parties, at the market value of each item. Any labor charges incurred for said damages will be billed at $150/hourly rate.
2. SAFE GUARD THE EQUIPMENT ASSIGNED TO ME AND/OR MY FAMILY and use it as instructed. In the event of loss or damage to the equipment due to my or my families’ negligence I acknowledge that I will be responsible for the cost of replacement of such equipment.
3. I declare I will not bring any illegal substances on board Waves WNY LLC Charter boat. This includes any and all forms of marijuana.
4. I give permission for Waves WNY LLC to use all videos and photos taken on the trip for advertising purposes on all media platforms.
C. Entire agreement and disputes.
1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.
2. Minors: Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this release. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless Waves WNY LLC and all its subsidiaries, its Crew or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether Waves WNY LLC and all its Crew, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to monitor the minor at all times during the minor’s experience/participation and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor.
I HAVE HAD ENOUGH TIME AND OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE CAREFULLY READ AND CLEARLY UNDERSTAND AND/OR ACKNOWLEDGE AND AGREE TO BE BOUND BY ITS TERMS, AND VOLUNTARILY THIS WAIVER AND RELEASE AGREEMENT.