In consideration for Lagerhead Cycleboats FLL, Inc., a Florida corporation, providing access to and use of a cycleboat (the “Vessel”), together with any related services and amenities, I, on the behalf of myself and any minor children to who I am a parent , legal guardian, or otherwise have care and custody, and my heirs and personal representatives, hereby execute and deliver this Voyage Agreement (this “Agreement”) in favor of Lagerhead Cycleboats.
Acceptance of Rules
I acknowledge that I will adhere to the rules either listed but not limited to the following and or verbal instructions given by the crew of Lagerhead Cycleboats FLL, Inc..
- Cancellations made within 5 days of the cruise will receive a full refund, 2 of more days in advance of the cruise, but less than 5 days will receive a gift certificate for a future cruise. No shows or cancellations made less than 2 days (48 hours) prior to the scheduled cruise will not be entitle to a refund. In the event that the weather causes a cancellation of your cruise, each passenger will be issued a gift certificate. If a cruise is terminated early due to weather or behavior and or actions of a passenger. It is at the Captain and or Lagerhead Cycleboats team desecration to issue a gift certificate. The Captain and the Lagerhead Cycleboats team has the full right to cancel the cruise at anytime.
- We check all passengers ID's before departing the dock so please bring a valid form of ID. If needed we can safely secure them during the cruise.
- All of our cruises are BYOB. Our suggested allowance per person: 36oz of beer or 18ozof wine. Glass bottles are permitted on board, however you will be asked to pour your drink into a plastic cup.
- In the event that the weather prevents a safe and fun cruise that causes a cancellation of your cruise, a gift certificate will be issued. The Captain and Lagerhead Cycleboats team reserve the full right cancel the cruise at anytime.
- We have several types of cruises. 21 years of age and up and family friendly cruises. Our cruise is designed for the family ages 13 and up. All minros must be accompanied by an adult age 25 or older. If the Captain or Lagerhead Cycleboats team determine that the minor child is unable to comply within the CFR's of the USCG, that child will not be permitted on board. Alcohol is permitted on all of our cruises.
- Our boat is a US Coast Guard (USCG) inspected vessel. We follow all of the CFR's (Code of Federal Regulations) of the USCG. If there are any violations as due to the actions of the passengers, The Captain or Lagerhead Cycleboats team has the full right to terminate the cruise at any time without any refund due.
- We can board 16 passengers and 2 crew members according to the CFR's of the USCG.
- Do not bring any of the following: Firearms of any type, drugs, matches, lighters, cigarettes, cigars, and vapor devices.
- We expect all of our passengers to conduct themselves in an accepted behavior. If the Captain or Lagerhead Cycleboats team determines that a passenger does not follow any of the rules, the passenger can be told to depart from the boat at any time during the cruise without any refund. We are not responsible to arrange or provide any transportation for a passenger that does not follow the rules and told to depart from the boat.
- The Captain or Lagerhead Cycleboats team has the right to refuse any guest prior ro to boarding. If they believe that the guest behavior or actions are deemed to be unacceptable to the safety of all other guests.
- Not agreeing to or signing Lagerhead Cycleboats Voyage Agreement is reason to refuse any guest from boarding.
Acceptance of Risk
I acknowledge that the operation and use of the Vessel has inherent risks that may result in bodily injury, sickness, death, or property damage, including but not limited to the following:
- Unanticipated changes in weather and water conditions;
- Conduct of third parties at the launch and landing areas and in other vessels on the water;
- Exacerbation of medical conditions resulting form physical exertion
- Falling into the water, whether or not wearing the provided personal floatation devices; and
- Falling or slipping due to wet conditions or rough waters
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 floatation devices or from my consumption of alcohol while on the Vessel.
I hereby release, forever discharge, and agree to hold Lagerhead Cycleboat, its member, managers, employees, contractors, agents, vendors, and affiliates, harmless from any and all liability, claims or demands for personal injury , sickness, death, property damage, and related expenses, of any nature whatsoever that I may incur as a result of my use of the Vessel and participation in its voyage.
I grant Lagerhead Cycleboats FLL, Inc., a Florida corporation, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recording (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control for Lagerhead Cycleboats promotional purposes in any media, including but not limited to print and online publication. I grant permission in consideration for my participation on my voyage and such other consideration, if any, provided by Lagerhead Cycleboats, and waive any claim to further compensation.
I further agree to indemnify and hold Lagerhead Cycleboats FLL, Inc., its members, managers, employees, contractors, agents, vendors, heirs, successors, assigns, beneficiaries, and shareholders, harmless from any liability sustained by me or by third parties, including by not limited to operators and other passengers of the Vessel, passengers of other vessels, bystanders at the launch and landing areas, and any minor children under my care, custody, and control, as the result of my negligent, willful or intentional acts, including any actions taken while intoxicated, and all expenses incurred attendant thereto. I agree that I am responsible for the repair cost and any losses resulting from any damage to the Vessel that is caused as a result of my negligent, willful or intentional acts.
Representative and Acknowledgments
I am at least 18 years of age, or, if I have minor children in my party,I am least 25 years of age. All minor children in my party, if any, are listed by name at the bottom of this Agreement, and each meets Lagerhead Cycleboat’s passenger requirements, I expressly agree to the Acceptance of Risk and Release provisions of the Agreement on behalf of myself and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody, and my heirs and personal representatives. I am not aware of any medical condition or limitation that would prevent me from using the Vessel in its ordinary and intended manner. I understand that any failure to follow posted rules or the instructions of Vessel operators may lead to early termination of my voyage without refund. I understand that I must be at least 21 years of age to consume alcoholic beverages.
Interpretation and Governing Law
The provisions of this Agreement are intended to be construed as broadly and inclusively as permitted by applicable law. Any portion held invalid shall be reformed to the least degree necessary so that it is valid. Invalidity of any portion of the Agreement shall not affect the validity of any portion of this Agreement. This Agreement shall be governed by the State of Florida, without giving effect to its conflict of laws principles.
Arbitration of Disputes
I agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules any dispute arising out of or relating to this Agreement that cannot be settled by informal mediation. The place of arbitration shall be Lee County, Florida. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The prevailing party's attorney's fees shall be paid by the non-prevailing party.
I understand and answer "no" to the following questions, and if my answer is "yes" to any of the questions I will not go on the cruise.
- Have you been asked to self-quarantine by any doctor, hospital or health agency?
- Have you been diagnosed with, or have contact with, anyone who has been diagnosed with COVID-19?
- Do you have a fever, cough, or shortness of breath?
- Have you traveled to, or had contact with, any person that within the last 14 days, traveled to an overseas country that is subject of the Level 3 Travel Health Notice issued by the CDC?