I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SAILING/SWIMMING/TUBING, ETC, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME SUCH RISKS.
I UNDERSTAND THAT I HAVE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I assert that I am physically fit to ride on a boat and I will not hold the vessels “Al Vento”, “Barchetta”, other vessels, and/or Belloster, LLC (dba Nyack Boat Charter) or their employees, agents or other associated personnel (hereinafter collectively called “Charter Company”) responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while chartering the boat(s) or otherwise participating in the trip.
I fully understand that the vessels of the Charter Company have limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
The Charter Party has made no representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold the Charter Company responsible for their actions in attempting the performance or rescue of first aid.
I agree to forever discharge and release the Charter Company from any and all responsibility or liability for any and all injuries or damages. I agree NOT to assert any claim against or sue any of the above parties for injuries or damages whether they arise or result from any NEGLIGENCE or other liability, EVEN IN CASES OF GROSS NEGLIGENCE. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the above released parties for any and all causes of action arising as a consequence of any incident which might occur as a consequence of my participation in any activities with or involving the released parties.
IT IS FURTHER AGREED THAT THE VILLAGE OF NYACK, NY SHALL BE INCLUDED AS AN ADDITIONAL RELEASED PARTY HEREUNDER.
I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT