2500 Main Street Fort Myers Beach FL
In consideration for Lagerhead Cycleboats, 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.
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, Inc..
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:
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, 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 Cycleboat, 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.
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.
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.
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.
By signing below you agree to the terms and conditions above in this Voyage Agreement and in addition to the Rules and Regulations attached hereto and incorporated herein by reference
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
*Information below is required if passenger is under 18
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