How do I sign the wavier?

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 ARE SUED BECAUSE OF YOU, YOU AGREE TO INDEMNIFY US AGAINST ANY SUCH CLAIMS.

     As a mandatory condition of our allowing you to use our services, you must review, understand, and sign this document. In doing so, you assume the risks of your own conduct, release us from liability, waive claims you might otherwise assert, and agree to indemnify us against claims that others might assert as a result of your conduct. This document also outlines certain rules that you must follow in order to participate in our services. We strive to promote a fun and safe environment.

RELEASE, WAIVER, ASSUMPTION OF LIABILITY, AND INDEMNITY AGREEMENT

     In consideration of SS Tiki Tours providing me and others access to its boat (the “Vessel”) on a guided group tour on the Ohio River, I agree that I participate in such activities and use the Vessel at my own risk. To the fullest extent permitted 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, from any and all liability for injuries, damages, claims, or causes of action (known or unknown) arising out of negligence or other fault. This includes, without limitation: injuries or damages resulting from the negligence of other guests; the operation, maintenance, care, design, or manufacture of the Vessel; failure to prevent theft, assault, or other misconduct; wrongful death; and/or any other negligent or improper act or instruction, whether related to physical activity, alcohol consumption, or otherwise. This release does not apply to claims of gross negligence or intentional misconduct by SS Tiki Tours. I understand that if any medical treatment is provided to me, with or without my consent, it will be limited to basic first aid. I waive any claims arising from or related to such treatment.

ASSUMPTION OF RISK

     I understand that being on or around the Vessel, participating in activities, consuming alcohol, or being around others consuming alcohol involves inherent risks, both known and unknown, including but not limited to serious injury, disability, death, and property damage. These risks include, but are not limited to:

• Unanticipated changes in weather and water conditions
• Conduct of third parties at launch/landing areas or on other vessels
• Exacerbation of pre-existing medical conditions
• Falling into the water, with or without a personal flotation device
• Slipping or falling due to wet conditions or rough waters

     I understand these risks cannot be eliminated without fundamentally altering the nature of the experience. I voluntarily and knowingly assume all such risks, including those resulting from my failure to use safety equipment or from alcohol consumption.

     I understand SS Tiki Tours may not supervise all activities and does not provide medical services. I acknowledge that any injury may be worsened by delayed or unavailable medical care.

ON BEHALF OF MYSELF AND ANY PERSON RELATED TO ME, I VOLUNTARILY AND FREELY ASSUME ALL RISKS, INCLUDING INJURY, DEATH, OR PROPERTY DAMAGE.

INDEMNIFICATION

     I agree to defend, indemnify, and hold harmless SS Tiki Tours and any person related to it from and against any third-party claims, including losses, damages, actions, judgments, settlements, penalties, expenses, and reasonable attorneys’ fees, arising out of or related to my conduct, my use of SS Tiki Tours’ services or equipment, my consumption of alcohol, or my participation in the tour.

RIDERS LEGAL VIOLATIONS

     I understand and agree that SS Tiki Tours may charge the booking individual’s credit card if SS Tiki Tours is fined, cited, or penalized due to a rider’s actions. I further understand that my name and/or the booking individual’s name may be provided to law enforcement in connection with any legal violations.

ALCOHOL CONSUMPTION

     All applicable federal, state, and local laws regarding alcohol apply. I am solely responsible for complying with such laws, including those related to intoxication and public consumption. I agree to consume alcohol responsibly. If I become intoxicated or violate any law or ordinance, I do so at my own risk and assume all responsibility. I may be removed from the tour without refund.

RULES OF THE WATER

     I agree to follow all rules set by SS Tiki Tours and all applicable laws. I understand it is my responsibility to know and comply with such laws.

• The captain may refuse alcohol service to any person
• The captain may terminate the cruise due to unsafe behavior (no refund)
• The captain may refuse boarding to intoxicated individuals (no refund)
• No person under 21 may consume alcohol
• No alcohol may leave the Vessel
• No boarding, exiting, hanging off, or reaching off the Vessel while in motion
• No disorderly, disrespectful, or unlawful conduct (including littering)
• No damage to the Vessel; damages will be charged to the booking party
• A $30 cleaning fee will be charged for vomiting inside the Vessel

CONSENT TO PHOTOS AND VIDEOS 

     I consent to the use of any photos or videos taken of me or provided by me for promotional or commercial purposes, without compensation, and waive any related rights.

CONSENT TO RECEIVE MARKETING COMMUNICATIONS
    By providing my contact information, I consent to receive marketing and promotional emails from SS Tiki Tours. I understand that consent is not a condition of purchase and that I may unsubscribe at any time.

ACKNOWLEDGMENT

     I certify that I am not under the influence of alcohol or substances that impair my judgment at the time of signing.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I HAVE HAD THE OPPORTUNITY TO REVIEW IT AND SEEK LEGAL ADVICE. I SIGN IT VOLUNTARILY AND AGREE TO BE LEGALLY BOUND.

     I understand that I am waiving my right to bring legal claims. This agreement is intended to be interpreted as broadly as permitted under the laws of the States of Ohio and Kentucky.