Guest Terms & Conditions

Book Luxury Boat Guest Terms & Conditions

I hereby acknowledge and agree to the following terms and conditions in connection with my participation in the marine activity described below:

Activity: Participation in a marine activity, including getting on and off a boat, walking and climbing all decks and stairs on this boat, and swimming and jumping in open water.

I understand and acknowledge that participation in this marine activity carries with it inherent risks of bodily injury, death, and property damage. I understand that the risks associated with this activity may arise from the actions, inactions, negligence, or misconduct of others, as well as from the condition of the premises or equipment used in connection with the activity.

In consideration of being permitted to participate in this marine activity, I hereby release, discharge, and hold harmless BOOK LUXURY BOAT., its officers, directors, employees, agents, and affiliates, from any and all claims, liabilities, damages, costs, expenses, or demands, including but not limited to those arising from bodily injury, death, or property damage, that I may sustain or suffer as a result of my participation in the activity, whether caused by the negligence or other fault of any of the released parties or otherwise.

Being of lawful age and in consideration of being permitted to participate in the activity described below, I release and forever discharges the Activity Provider BOOK LUXURY BOAT., its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.

I further acknowledge and understand that by participating in this marine activity, I assume all risks associated with this activity, including but not limited to risks arising from the condition of the premises or equipment used in connection with the activity, as well as risks arising from the actions, inactions, negligence, or misconduct of others.

I understand that swimming in open water is a potentially dangerous activity and that the decision to swim in open water is solely my own, and l assume all risks and responsibilities associated win such activity.

I hereby represent and warrant that I am physically fit and able to participate in this marine activity, and I agree to comply with all rules, regulations, and instructions related to the activity. I acknowledge that I do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from participating in the above mentioned activity and any activity on this vessel.

I acknowledge that this waiver and release of liability is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any dispute arising under or in connection with this waiver and release of liability will be resolved exclusively in the courts of the Province of Ontario.

I have carefully read and fully understand the terms and conditions of this waiver and release of liability, and I voluntarily and knowingly agree to be bound by them. By Paying this invoice you acknowledge that you agree with the waiver and you would like to proceed further with the booking.

I hereby acknowledge and agree that I have carefully read this Agreement, and that I fully understand the same, and that I am freely and voluntarily executing the same.

I understands that by signing this Agreement, I agree to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that I may sustain while participating in or preparing for the above noted activity, or any activity on this boat.

The Date, Time, and Purpose collectively referred to as the “WATER VESSEL EVENT”.

IN CONSIDERATION of being permitted to board any water vessel booked through “Book Luxury Boat” Platform “WATER VESSEL” and or, EACH OF THE UNDERSIGNED (“Releasor”), for himself or herself, his or her personal representatives, heirs, and next of kin:

1. Acknowledges, agrees, and represents that O/A Book Luxury Boat, Director, along with all insurers, parents, subsidiaries, affiliates and associated companies, and together with all respective officers, shareholders, employees, servants, insurers, affiliated companies, agents, representatives, spouses, and agents and their successors and assigns (here in after collectively referred to as the “Releasee”) jointly and severally from any and all claims, actions, complaints, causes of actions, disciplinary actions, applications, demands, liabilities, penalties, obligations, agreements, damages, losses, costs, expenses, contracts, covenants, whether express or implied, of any kind whatsoever, in law or in equity, whether known or unknown, that the I now hold, or have ever held against the Releasee, or may hold in the future, that arise out of or are in any way connected with the WATER VESSEL EVENT.
2. 2. Acknowledges, agrees, and represents that at the sole and absolute discretion of Book Luxury Boat, the Releasor may or may not be independently responsible for procuring the captain(s), operator(s) and crew member(s) in association with the operation of WATER VESSEL for WATER VESSEL EVENT. The Releasee at its sole and absolute discretion may be and/or may be not responsible for procuring the captain(s), operator(s) and crew member(s) in association with the operation of  WATER VESSEL EVENT.
3. Acknowledges, agrees, and represents that it will fully indemnify and hold harmless the Releasee from and against all claims, suits, judgments and damages brought, recovered or executed against them or either of them for or on account of any omission or negligence of the Releasee and the Releasor will moreover procure and maintain adequate insurance or other security satisfactory for the operation of the WATAER VESSEL for the purpose for WATER VESSEL EVENT. The aforementioned insurance
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the WATER VESSEL EVENT whether caused by the NEGLIGENCE OF RELEASEE or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF THE WATER VESSEL EVENT ARE POTENTIALLY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasee, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of Ontario, Canada in which the WATER VESSEL EVENT is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. HEREBY acknowledges and agrees to grant to the Releasee, his/her legal representatives, heirs and/or assigns, those for whom the Releasee is acting for, and those acting with his/her authority and permission on behalf of the Releasee, the irrevocable, absolute right and permission to copyright and use, re-use, and publish, photographic portraits or pictures of Releasor or in which Releasor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with Releasor’s own or fictitious name, or reproductions thereof in color or otherwise, made through any medium at studios or elsewhere, and in any and all media now or hereafter known, including social media platforms, for art, advertising, trade or any other legal purpose. Releasor also consents to the use of any printed and/or online matter in conjunction therewith. Releasor further waives any right that Releasor may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied.
8. HEREBY acknowledges and agrees not to disclose, publish, post, disseminate or distribute, in any manner, photographic portraits or pictures of Releasor while on board or in association with the “WATER VESSEL” without the prior written consent of Releasee, unless such disclosure is required by applicable law or governmental regulations or by order of a court of competent jurisdiction. In any event prior to making such disclosure the Releasor shall give written notice to Releasee describing in reasonable detail the proposed content of such disclosure and shall permit Releasee to review, comment and provide consent upon the form and substance of such disclosure.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Client’s undertaking:
Customer has read, understands and acknowledges Book Luxury Boat’ Cancellation Policy, which is compliant with the Consumer Protection Act, 2002 and is reproduced herein.

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