Liability Waiver

LIABILITY WAIVER. I, the undersigned, for myself and my child(ren) and/or ward(s), understand that Tipsy Tiki Tours LLC (“Company”) and its respective affiliates, owners, officers, employees, representatives, volunteers, and agents will do their best to prevent participants from sustaining bodily injury, harm, or damage to property. I acknowledge that neither Tipsy Tiki Tours LLC nor its respective affiliates, owners, officers, employees, representatives, volunteers, and agents are responsible for the conduct of other persons, or for weather or water conditions. I acknowledge that I am not required to participate in any of the activities presented to me, but that I have willingly and voluntarily decided to participate.

I acknowledge that the operation or use of Tipsy Tiki Tours LLC services entails inherent risks that may lead to property damage, bodily injury, or death. Those risks include, but are not limited to, injuries and damages resulting from (i) the ordinary negligence or omission of Tipsy Tiki Tours LLC and its respective affiliates, owners, officers, employees, representatives, volunteers or agents, (ii) the negligence of guests, visitors, or persons who may be present at or using Tipsy Tiki Tours LLC services or engaging in Tipsy Tiki Tours LLC activities, (iii) falls, slips, collisions or other such accidents that occur while participating in the activities of Tipsy Tiki Tours LLC  or using or operating Tipsy Tiki Tours LLC equipment (including watercraft operated by Tipsy Tiki Tours LLC) (iv) the misuse or failure of equipment or tools (including watercraft operated by Tipsy Tiki Tours LLC), (v) the negligence or lack of adequate training of Tipsy Tiki Tours LLC owners, employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred.

I agree to release from all liability, discharge and promise not to take legal action against Tipsy Tiki Tours LLC, or its respective affiliates, owners, officers, employees, representatives, volunteers, and agents. I further agree to release from all liability, discharge and promise not to take legal action against the owner of any equipment or tools (including watercraft) used by the Tipsy Tiki Tours LLC (“Owner”). I agree to release the afore mentioned persons and entities from any liability to me, my heirs, my next of kin, assigns or personal representatives, for any losses, damages, claims or demands arising out of my death, injuries, or damages to property, even if their individual or collective negligence contributes to such death, injuries, or damages. I further agree to release, indemnify and hold harmless Tipsy Tiki Tours LLC, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers, and agents from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of such persons or entities. I agree that I will defend, indemnify and hold harmless Tipsy Tiki Tours LLC, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers or agents for all personal injuries, property damage, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under my custody, care, and control, as a result of any and all activities related to my engagement in Tipsy Tiki Tours LLC activities, or use of Owner’s equipment or tools (including watercraft), even if such damages arise out of the negligence or fault of Tipsy Tiki Tours LLC, Owner or their respective affiliates, owners, officers, employees, representatives, volunteers, and agents.

I acknowledge that the Tipsy Tiki Tours LLC activities may involve the consumption of alcohol by me or others. I understand that the legal drinking age is twenty-one (21), and that if I am under the age of twenty-one (21), I am prohibited from consuming alcohol. I represent and warrant that my date of birth, written below, is true and correct. I fully understand the potential risks and damages associated with the consumption of alcohol by me and am aware that such risks include injury to person or property and even death. I understand that the Tipsy Tiki Tours LLC does not require me to consume alcohol to participate in or use the services of the Tipsy Tiki Tours LLC. I hereby elect to voluntarily participate in the consumption of alcohol and agree to release, indemnify, and hold harmless Tipsy Tiki Tours LLC, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers, and agents from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me in connection with my consumption of alcohol.

FOR PERSONS UNDER THE AGE OF EIGHTEEN OR PARENTS/GUARDIANS OF MINOR CHILD/WARD. I am under the legal drinking age, or I am the parent or legal guardian of a minor child or ward who is under the legal drinking age. I understand that I am, (or my minor child or ward is) prohibited from consuming alcohol. I understand that I am personally responsible for my conduct and/or the conduct of my minor child or ward. I agree not to consume alcohol (or permit my minor child or ward to consume alcohol) while participating in the Tipsy Tiki Tours LLC activities or while located on or around the Tipsy Tiki Tours LLC property (including watercraft). I understand that the Tipsy Tiki Tours LLC reserves the right to terminate the activities and remove me from its property (including watercraft) at any time if I (or my child/ward) is observed consuming alcohol in violation of application laws. I agree that I will defend, indemnify and hold harmless Tipsy Tiki Tours LLC, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers or agents for any and all losses incurred in connection with my violation of this paragraph, including (but not limited to) any fines incurred by such persons for my violation of this paragraph and including (but not limited to) any special or consequential damages arising from my violation of this paragraph.

ACKNOWLEDGEMENT:

I acknowledge and agree that I am eighteen (18) years of age or older, or that I am the parent or legal guardian of a minor child or ward and am authorized to execute this waiver on behalf of my child or ward. I freely and voluntarily assume complete personal responsibility for all risks, for death, injury or damage that may occur to me, or my child/ward. I also assume complete personal responsibility for any damage to my child/wards property as a result of these risks even if such death, injury, or damage occurs in a manner that is not foreseeable at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for any injury or damage, sustained by myself and or my child/ward.

LIFE PRESERVER. I acknowledge that I (and the children or wards in my care) have received life preservers and understand how they are used. I acknowledge that I (and the children or wards in my care) have been encouraged by the Tipsy Tiki Tours LLC to wear a life preserver during the duration of my/our participation in the Tipsy Tiki Tours LLC activities. If I (or the children or wards in my care) do not wear a life preserver throughout the duration of my/our participation in the Tipsy Tiki Tours LLC activities, I/we do so voluntarily and at our own risk and agree to indemnify and hold the Tipsy Tiki Tours LLC from all liability resulting from my/our injury or loss of life.

ACKNOWLEDGEMENT:

LIKENESS RELEASE. I, the undersigned, hereby consent to having my picture taken and likeness recorded in connection with the Tipsy Tiki Tours LLC website, social media, educational and marketing publications. I give the Tipsy Tiki Tours LLC and its successors and assignees, the right to use, reproduce, publish, or distribute my name, likeness, photograph(s), voice and biographical material about me for educational, publication or marketing purposes without any compensation to me. I understand that the Tipsy Tiki Tours LLC shall have total and exclusive control over the use of my name, likeness, photograph(s), voice, and biographical material about me for the purposes stated herein, and I waive any right to inspect or approve any proposed publication, in any medium. I agree that the use of my name, likeness, photograph(s), voice, and biographical material about me by the Tipsy Tiki Tours LLC confers upon me no rights to use, ownership or copyright. I release the Tipsy Tiki Tours LLC and its owners, directors, officers, employees, agents, contractors (including photographers and videographers) and assigns from all liability which may arise from any and/or all claims by me or any third party in connection with the use and/or publication of my name, likeness, photograph(s), voice, and biographical material about me. I acknowledge and agree that I am eighteen (18) years of age or older, or that I am the parent or legal guardian of a minor child and am authorized to execute this release on behalf of my child or ward. I have read this release thoroughly and understand its terms. I acknowledge and agree that no representation has been made by the Tipsy Tiki Tours LLC and relied upon by me as to my future income, expenses, sales volume, or potential profitability of future success that may be derived from the use of my name, likeness, photograph(s), voice, and biographical material about me.

I have read this Waiver and Release thoroughly and understand its terms. My, or my child’s or ward’s, participation in Tipsy Tiki Tours LLC activities, my, or my child’s, use or operation of Owner’s equipment or tools (including watercraft), and my execution of this Waiver and Release are all purely voluntary and I elect to do so in-spite of the risks.