Waiver of Liability

Unconditional Waiver of Liability

Sun-Daze Boat Charters of LKN LLC

Unconditional Waiver of Liability
  • I, the undersigned, understand that yachting and boating have significant, inherent and potentially unforeseen risks. By signing below I, on behalf of myself, spouse (if any), children (if any), heirs, executors, administrators, and representatives, hereby fully and unconditionally release, waive, forever discharge Sun-Daze Boat Charters of LKN LLC and any and all of its owners, members, employees, agents, volunteers, officers, personnel, representatives, affiliates, successors and assigns (referred to hereafter, individually and collectively, as “Sun-Daze Charters”) from, and agree not to sue Sun-Daze Charters for, any and all liabilities, rights, claims, demands, lawsuits, actions, responsibilities, obligations, duties, disputes, and damages of any kind or nature, whether known or unknown, arising out of or related to my entry upon and use of any and all yachts, boats, vessels or other property owned or under the control of Sun-Daze Charters and/or arising out of or related to any participation in any and all charter event(s) of Sun-Daze Charters and other services of Sun-Daze Charters, whether relating to or occurring prior to, during, or after boarding, using or entering upon any yachts, boats, vessels or other property owned or under the control of Sun-Daze Charters or whether relating to or occurring prior to, during or after participating in any charter event or using any other service of Sun-Daze Charters , or at any other time or during any other activity or occurrence of any kind or nature whatsoever. Furthermore I agree not to assert any claim or action against Sun-Daze Charters on account of, arising out of or in connection with any and all personal injuries, including but not limited to serious bodily harm or death, nor on account of, arising out of or in connection with any losses or damages to me or my property, that arise out of or are related to my entry upon and use of any and all yachts, boats, vessels or other property owned or under the control of Sun-Daze Charters and/or arising out of or related to my participation in the charter event(s) or use of any other Sun-Daze Charters services; and I hereby assume all risks of injury, death, loss or damage to my person or property related to any of the foregoing. I fully understand that all charter event(s) may carry risk and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss and/or death. Swim at your own risk.
  • I agree that I am personally responsible for my safety and actions boarding and while aboard the charter. I agree to comply with all policies and rules, including but not limited to all policies, guidelines, signage, captain and crew instructions. Because the yacht charter is used by other individuals, I recognize that I am at potential risk of contracting COVID-19 and other contagions. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Sun-Daze Charters from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 and other contagions while participating in any activity while on or around the charter.
  • Passengers and participants who are of legal age to drink alcohol are permitted to  bring alcohol drinks while on the Premises in such per person amounts as the Company may from  time to time determine appropriate. No alcohol is permitted at anytime prior nor during the Activities that involve Personal Water Crafts (PWCs). The Company’s employees and or agents are not permitted to sell, furnish, or serve guests. I understand and confirm that alcohol consumption shall be at my own discretion, risk and liability, and that I may be required to produce government issued photo identification prior to such consumption. I understand that the Company reserves the  right to remove me, if in the sole and absolute discretion the Company or its employees or agents,  I become inebriated and misbehave, have the potential to cause harm to myself or any other person  or persons, or violate any other rules or policies while on the Premises or Engaging in the Activity. If I am removed pursuant to this paragraph, it shall be without any sort of refund or reimbursement  by the Company. I hereby assume all risk involved with the possession and/or consumption of  alcohol, unconditionally release, discharge and waive any and all liability on the part of the  Released Parties, and agree to indemnify, save, defend, and hold harmless the Released Parties  from and against any and all losses, in any way related to or resulting from the possession and/or  consumption of alcohol, including, without limitation, my death or personal injury relating to  alcohol.   5. I shall defend, indemnify, and hold harmless the Company and all other Releasees  against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments,  settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this  Release, and the cost of pursuing any insurance providers, incurred by/awarded against the  Company or any other Releasees in a final non-appealable judgment, arising out of or resulting  from any claim of a third party related to my being on the Premises or participating in the Activity,  including any claim related to my own negligence or the ordinary negligence of the Company.
  • I hereby consent to receive medical treatment deemed necessary if I am injured or  require medical attention during my participation in the Activity. I understand and agree that I am  solely responsible for all costs related to such medical treatment and any related medical  transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the  Company from any claim based on such treatment or other medical services. 7. I understand that during the Activity I may be photographed, videotaped or  otherwise recorded in electronic or other format or media. To the fullest extent allowed by law, I  waive all rights of publicity or privacy or pre-approval that I have for any such likeness or me or  use of my name in connection with such likeness, and I grant to the Company and its assigns all permission to copyright, use and publish (including by electronic means) such likeness of me, whether in whole or part, in any form without restrictions, and for any purpose. I am not entitled  to compensation for any such use of my name or likeness.  8. I confirm that I have read and will follow all rules and procedures outline on the Company website before participating in the Activity on the Premises. I understand that the  Company reserves the right to remove me, if in the sole and absolute discretion the Company or its employees or agents, if I do not follow the rules and procedures.  9. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous  understandings, agreements, representations, and warranties, both written and oral, with respect to  such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in  any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or  provision of this Release or invalidate or render unenforceable such term or provision in any other  jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and  our respective successors and assigns. All matters arising out of or relating to this Release shall be  governed by and construed in accordance with the internal laws of the State of North Carolina  without giving effect to any choice or conflict of law provision or rule (whether of the State of  North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release  may be brought only in the federal and state courts located in Iredell County, North Carolina and  I hereby consent to the exclusive jurisdiction of such courts.
  • I give consent to Sun-Daze Charters to release photos, videos and audio of me including but not limited to social media channels, website, Marketing campaigns and brochures. I recognize that released information may be subject to re-disclosure not in control of the company and not protected by federal and state privacy laws. I understand I may request to stop further release of photos, videos and audio of me by writing the company directly. My request will not apply to already released information, printed and/or electronically posted. If applicable I waive both ownership interest to any materials developed and authority to inspect or approve the finished materials prior to their release or publication.
  • I agree to indemnify, defend, and hold harmless Sun-Daze Charters from and against any and all claims, damages, causes of action, judgments, costs or expenses, including attorney’s fees, which in any way arise from my entry and activities (whether authorized or unauthorized) upon and use of any and all yachts, boats, vessels or other property owned or under the control of Sun-Daze Charters and/or arising out of or related to any participation in any and all charter event(s) of Sun-Daze Charters and other services of Sun-Daze Charters.

By signing below I acknowledge and represent that (1) I have read all of the foregoing, understand the foregoing, and sign voluntarily as my own free act and deed; (2) I am sufficiently informed about the risks involved so that I can make an informed decision to sign or not sign this document; (3) no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; (4) I am at least eighteen (18) years of age and fully and legally competent; and (5) I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Liability Waiver, Assumption of Risk and Indemnity shall be governed by and construed in accordance with Ohio law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement as a whole.

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