Please make sure that you and all group members sign and acknowledge this waiver before your tiki tour
TO THE FULLEST EXTENT PERMITTED BY LAW, IN THIS ELECTRONIC DOCUMENT YOU WAIVE, RELEASE AND FOREVER GIVE UP ANY CLAIMS AGAINST US (I.E., KLAVE KUNNERT, LLC, K&M HOLDINGS, LLC, DBA NAUTIMI ON THE RIVER, AKA NAUTIKIMI CHARTERS OR ANY PERSON RELATED TO IT). IN ADDITION, IF WE GET SUED BECAUSE OF YOU, YOU INDEMNIFY US AGAINST OTHER PERSONS’ CLAIMS.
NauTikiMI welcomes you to our Chain of Lakes Tiki Boat Tour! We are honored to be able to bring you this unique and fun experience and hope that you will come back time and time again. We want this experience to be nothing but enjoyable and safe and as such we will need each participant to acknowledge the inherent risks involved while boating, swimming and (if you want) consuming alcoholic drinks. As a mandatory condition of our allowing you to use our service, each participant 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 requires you to acknowledge some of our ground rules, compliance is mandatory in order to participate. NauTikiMI wants to promote a fun but also safe environment for you and your group.
*RELEASE, WAIVER, ASSUMPTION OF LIABILITY, AND INDEMNITY AGREEMENT
Waiver and Release of Liability
In consideration of NauTikiMI providing me and other persons with access to its tiki boat (the “Vessel”) on a guided group tour and allowing me and others to bring and consume alcohol during the tour, I agree that I engage in such activities and use the tiki 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 NauTikiMI and any person related to it in any way – as well as any business or person involved as a vendor, Klave Kunnert, LLC, K&M Holdings, LLC, DBA NautiMI on the River, AKA NauTikiMI Charters, 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 excessive consumption of alcohol by myself or other persons; the negligent operation, maintenance, care, design or manufacture of the tiki 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 NauTikiMI 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.
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 Michigan law.
Assumption of Risk
I understand that my presence on or around the tiki boat, my participation in any activities offered by NauTikiMI, 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:
· 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 from physical exertion;
· Falling into the water, whether or not wearing the provided personal flotation 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 risks 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 NauTikiMI 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.
ALCOHOL CONSUMPTION. 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. Captain has right to end tour at any time if he/she deems necessary.
RIDERS’ LEGAL VIOLATIONS. I understand and agree that NauTikiMI will charge the Booking Individual’s credit card if NauTikiMI 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.
Indemnification
I hereby agree to defend, indemnify and hold harmless
Klave Kunnert, LLC, K&M Holdings, LLC, DBA NautiMI on the River, AKA NauTikiMI Charters 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, loss of life or damage to property relating in any way to my use of NauTikiMI services and equipment, my drinking, and/or my participation in the tour.
Consent to Photos and Videos
By participating in or attending any activity in connection with NauTikiMI services, I consent to the use of any photographs, pictures, film or videotape 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.
Rules of the Water
I agree to obey the Rules of the NauTikiMI, and the laws of the State, County and City in which we ride. I understand that it is not NauTikiMI's responsibility or obligation to inform me of the applicable laws, and I assume full responsibility.
The Rules of the Water for the NauTikiMI are as follows:
Please no glass containers
NO alcoholic beverages other than beer, wine and liquor that have been legally approved for consumption are allowed on the vehicle (e.g., no home-still moonshine)
NO alcoholic beverages may leave the vessel at any time during the tour, and alcohol must not be handed off the vessel to anyone – whether passengers or non-passengers
NO rider may leave, join, hang off, or reach off or on the vessel while it is in motion
NO rider may disrespect the community in which we ride, and disrespect includes littering, using foul language, making obscene gestures, etc.
NO public urination
NO excessive noise or yelling
NO rider may damage or abuse the tiki boat, and the Booking Individual will be billed for any incurred damage
NO smoking or vaping of any kind while on the tiki boat
While the boat is in motion all participants must be within the railings of the tiki boat. Children under 6 years of age must wear a provided USCG approved life jacket at all times.
DAMAGES AND FINES
Any damages to the boat or personal property of Klave Kunnert, LLC, K&M Holdings, LLC, DBA NautiMI on the River, AKA NauTikiMI Charters will be subject to fines appropriate to replacement value.
I understand and agree that NauTikiMI will charge the Booking Individual’s credit card if NauTikiMI 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.
ACKNOWLEDGEMENT
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.
ELECTRONIC SIGNATURE. By typing your full name, you are signing this Agreement electronically, confirming that you are authorized to enter the Agreement, and agreeing that your electronic signature (“E-Signature”) is the legal equivalent of your handwritten signature. You are also agreeing to conduct this transaction by electronic means. With your E-Signature, you consent to the legally binding terms and conditions of this Agreement. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that a lack thereof will not in any way affect the enforceability of your E-Signature or this Agreement.
