TO THE FULLEST EXTENT PERMITTED BY LAW, IN THIS ELECTRONIC DOCUMENT YOU WAIVE, RELEASE AND FOREVER GIVE UP ANY CLAIMS AGAINST US (I.E., SS TIKI TOURS OR ANY PERSON RELATED TO IT). IN ADDITION, IF WE GET SUED BECAUSE OF YOU, YOU INDEMNIFY US AGAINST OTHER PERSONS CLAIMS.
As a mandatory condition of our allowing you to use our service, you must review, understand and sign this document, in which you assume the risks of your own conduct, release us from liability, give up claims you might allege, and indemnify us against claims that others might allege as a result of your conduct. This document also provides you with some of our ground rules, which you must comply with in order to take part in our service, we promote a fun and safe environment.
RELEASE, WAIVER, ASSUMPTION OF LIABILITY, AND INDEMNITY AGREEMENT
In consideration of SS Tiki Tours providing me and other persons with access to its boat (the "Vessel") on a guided group tour on the Ohio River, I agree that I engage in such activities and use the boat at my own risk. To the fullest extent permissible by law and on behalf of myself and any person related to me in any way, I agree to release and discharge SS Tiki Tours and any person related to it in any way – as well as any business or person involved as a vendor, marina, or operator of the same - from any and all liability whatsoever for injuries, damages, claims or causes of action (known or unknown) arising out of their negligence or other fault. This includes without limitation injuries or damages which may result from the negligence of other guests or patrons; the negligent operation, maintenance, care, design or manufacture of the boat; the failure to prevent theft, assault, or other misconduct by others; wrongful death; and/or any other improper or negligent act or instruction, whether related to physical activity, drinking, or not. This release is not intended to release claims of gross negligence or SS Tiki Tours intentional torts. I fully understand that if any medical treatment is provided to me, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment.
ASSUMPTION OF RISK
I understand that my presence on or around the boat, my participation in any activities offered by SS Tiki Tours, and/or my consumption of alcoholic beverages or association with people who are consuming alcohol carry with them certain risks, known and unknown, including but not limited to the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage, including but not limited to the following:
I understand that these risks cannot be completely eliminated without fundamentally altering the unique experience provided by the Vessel. I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses. Furthermore, I expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided personal flotation devices or from my consumption of alcohol while on the Vessel. I understand that SS Tiki Tours might not supervise activities that take place on the tour and that it does not provide medical services. I further acknowledge that any injury I might sustain might be compounded by negligent or delayed medical service. On behalf of myself and any person related in any way to me, I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
I hereby agree to defend, indemnify and hold harmless SS Tiki Tours and any person related in any way to it from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys' fees) and costs of any kind for any personal injury(including pets), loss of life or damage to property relating in any way to my use of SS Tiki Tours services and equipment, my drinking, and/or my participation in the tour.
RIDERS LEGAL VIOLATIONS
I understand and agree that SS Tiki Tours will charge the booking individual's credit card if SS Tiki Tours is fined, ticketed, cited or punished due to a rider's actions. I understand that my name and/or the booking individual's name may be shared with law enforcement if any legal violations occur during the tour.
All state, county and city laws relating to alcohol consumption apply. It is my responsibility to make sure that I follow these laws at all times including without limitation laws about public intoxication and public alcohol consumption. It is my responsibility to avoid becoming intoxicated during the tour. If I become too intoxicated and/or violate a law or local ordinance, I do so at my own risk and I assume all liability, risk and responsibility for the same. I also may be required to leave the tour.
RULES OF THE WATER
I agree to obey the rules of SS Tiki Tours, and the laws of the state, county and city in which we ride. I understand that it is not SS Tiki Tours responsibility or obligation to inform me of the applicable laws, and I assume full responsibility.
CONSENT TO PHOTOS AND VIDEOS
By participating in or attending any activity in connection with SS Tiki Tours services, I consent to the use of any photographs, pictures, film or video taken of me or provided by me for publicity, promotion, television, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to the same.
I am not under the influence of alcohol or other substances that affect my judgment. I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT BEFORE SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO TAKE THE TIME TO REVIEW AND UNDERSTAND IT. IF I DID NOT FULLY UNDERSTAND WHAT THIS DOCUMENT MEANS, I WOULD NOT SIGN IT OR TAKE A TOUR UNTIL I HAD SOUGHT THE ADVICE MY OWN ATTORNEY. I AM FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. I acknowledge that I have carefully read this Waiver and Release and fully understand that I am waiving any right that I may have to bring a legal action to assert these claims. This waiver and release is intended to be interpreted as broadly and all encompassing as permissible under both Kentucky and Ohio law.