Terms & Conditions and Release of Liability Waiver
Current version. A shorter redraft is under attorney review.
All passengers of Joyride Boat Club LLC must review and agree to the following terms and conditions. Each passenger must submit this signed form before being admitted on any vessel. Signed forms can be executed via e-signature on the TripWorks platform, emailed to hello@joyrideboatclub.com, or submitted to staff electronically upon arrival prior to boarding the vessel.
THIS IS A LEGALLY VALID AND BINDING AGREEMENT TO RELEASE JOYRIDE BOAT CLUB LLC FROM ALL KNOWN AND UKNOWN OBLIGATIONS; AND TO INDEMNIFY JOYRIDE BOAT CLUB LLC AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF JOYRIDE'S CHARTER SERVICES.
Please carefully read this document.
I, the undersigned, understand and acknowledge that yachting and boating have significant, inherent and potentially unforeseen risks. Although I am aware of said risks, by signing below, I, on behalf of myself, spouse (if any), children (if any), pets (if any), heirs, executors, administrators, and representatives, hereby fully and unconditionally release, waive, forever discharge and hold harmless Joyride Boat Club LLC and any and all of its owners, members, captains, employees, agents, volunteers, officers, personnel, representatives, affiliates, successors and assigns (referred to hereafter, individually and collectively, as "Joyride") from, and agree not to sue Joyride Boat Club LLC for, any and all liabilities, rights, claims, demands, lawsuits, actions, responsibilities, obligations, duties, disputes, and damages of any kind or nature, including those which arise out of negligence, whether known or unknown, arising out of or related to my entry upon, use, or departure from all yachts, boats, vessels or other property owned or under the control of Joyride arising out of or relating to any participation in any and all of Joyride's charter event(s) and services, whether relating to or occurring prior to, during, or after boarding, using or entering upon any yachts, boats, vessels or other property owned or under the control of Joyride or whether relating to or occurring prior to, during or after participating in any charter event or using any other service of Joyride, or at any other time or during any other activity or occurrence of any kind or nature whatsoever. Furthermore I agree not to assert any claim or action against Joyride on account of, arising out of or in connection with any and all personal injuries, including but not limited to damages to me or my property, serious bodily harm or death, and including damages which arise out of negligence, which arise out of or are related to my entry upon and use of any and all yachts, boats, vessels or other property owned or under the control of Joyride and/or arising out of or related to my participation in the charter event(s) or use of any other Joyride services; and I hereby assume all risks of injury, death, loss or damage to my person, child or ward or property related to any of the foregoing. I fully understand that all charter event(s) may carry risk and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss and/or death related to myself, child or ward. Board at your own risk.
I agree that I am personally and solely responsible for my safety and actions while boarding, disembarking and aboard the charter. I agree to comply with all policies and rules, including but not limited to all policies, guidelines, signage, captain and crew instructions, as well as all applicable laws. Because the charter may be used by other individuals, I recognize that I am at potential risk of contracting COVID-19 and other contagions. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Joyride from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 or any other contagion while on board or around the charter.
I understand and acknowledge that Joyride's captain(s) and crew strictly abide by all Georgia State Safety and Boating Rules and Regulations and will not deviate from such rules and regulations under any circumstances. For passenger safety and well-being, I acknowledge and agree to either wear soft soled tennis shoes or deck shoes or agree that I will remove my shoes prior to boarding if proper foot attire is not worn. I understand and agree that I will not hold the Captain, Crew or Joyride liable for any risks and hazards associated with boating inshore or offshore, and I expressly release them from liability for all such hazards.
I and on behalf of myself, spouse (if any), children (if any), pets (if any), heirs, executors, administrators, and representatives, hereby fully and unconditionally agree to indemnify, defend, and hold harmless Joyride Boat Club LLC and any and all of its owners, members, employees, captains, agents, volunteers, officers, personnel, representatives, affiliates, successors from and against any and all claims not limited to, damages, causes of action, judgments, third party claims, costs or expenses, including attorney's fees, from any and all responsibility or liability for any and all injuries or damages, including those which may arise out of negligence, which in any way arise from my entry, departure and activities (whether authorized or unauthorized) upon and during use of any and all yachts, boats, vessels or other property owned or under the control of Joyride and/or arising out of or related to any participation in any and all charter event(s) of Joyride and other services of Joyride.
I authorize and allow Joyride to charge my credit card for any damages or loss of equipment caused by my acts or omissions or those of my spouse, child or pet.
I assert that I am physically fit and of good health to safely ride on a boat and I will not hold Joyride or their employees, agents or other associated persons responsible if I am injured as a result of any problems pertaining to my health, which may occur while chartering the vessel or from otherwise participating in the charter. I understand that I have a duty to exercise reasonable care for my own safety and agree to do so. I further understand that this charter is not recommended for anyone with pre-existing conditions, including, but not limited to, circulatory problems, high blood pressure, heart conditions, pregnancy, weak bones, knees, back or ankle problems and that by signing this waiver, I release Joyride from any and all liability associated with any aforesaid conditions.
Legally prescribed medications are permitted on board the vessel. Alcoholic beverages are permitted on board the vessel but may only be consumed by persons aged 21 years or older. Joyride and, as applicable, it's captains and staff shall not be held liable for underage consumption of alcohol. Joyride will provide a cooler and ice with each charter service. However, any person(s) appearing to be intoxicated or under the influence of drugs or alcohol will not be permitted to board the vessel. If any illegal drug(s) are found on board or in possession of any individual(s), or if the captain determines that any individual(s) presents a safety or health risk due to their intoxication, drug use, or otherwise unruly behavior, the trip will be terminated immediately at Joyride's sole and absolute discretion without the benefit of a refund or credit. I hereby release and will not hold Joyride, it's employees, agents or other associated persons from any liability related to or arising from my use of prescribed medications, alcohol, or drug use.
I give consent to Joyride to use and release photos, videos and audio of me taken on the charter for advertisement on Joyride's social media platforms, websites, brochures, or other advertising mediums selected by Joyride. I understand and acknowledge that released information may be subject to re-disclosure not in Joyride's control and not protected by federal and state privacy laws. I understand that I cannot stop further release of such photos, videos and audio of me once released by Joyride. Any request to not use and/or release photos, videos and audio of me must be made prior to the charter service commencing. My request will not apply to already released information, printed and/or electronically posted. Further, I waive any ownership interest I may have to any photos, videos and audio of me taken or developed by Joyride during the charter and the authority to inspect or approve the same prior to their release or publication.
Joyride warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed that Joyride may determine the general movements and destination of the vessel within the boundaries of this agreement, it is understood that the Captain is in full command, and I agree to abide by his/her judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters. The Captain is responsible for steering the vessel, the safe navigation of the vessel, maintaining order on the vessel, and preventing any damage that may occur on or to the vessel, the crew, passengers or third parties. I hereby agree that the Captain's orders within the scope of his/her authority shall be binding on all persons aboard the vessel and the Captain shall be entitled to isolate any person whose actions present a threat to the safety of the vessel and/or the other the passengers on board and may suspend the charter at any time if there is a threat to the safety of the vessel and/or the passengers on board without the benefit of a refund or credit.
I understand that Georgia law requires children under the age of thirteen (13) years old to wear a U.S. Coast Guard approved PFD while underway in a recreational vehicle of any length and agree to adhere to this requirement. If my child refuses to wear the required PFD life vest, the trip will be terminated immediately at Joyride's sole and absolute discretion without the benefit of a refund or credit. You must notify Joyride at least 48 hours prior to arrival of any child(ren) under thirteen (13) years of age who will join your charter. Please include their specified age to ensure proper sized life vests are provided upon arrival.
I understand that up to two (2) dogs weighing thirty-five (35) pounds or less each are allowed on board the vessel during my charter and I acknowledge that I am required to notify Joyride of my intention to bring up to two (2) dogs within the aforesaid weight limit on the vessel by selecting the dog add-on package at the time of booking the charter. Charters with the dog add-on not selected during the check-out procedure will not be allowed onboard the vessel at the time of arrival. Any dog appearing to be aggressive, unruly or otherwise ill-behaved or untrained will not be permitted to board the vessel and the trip will be terminated immediately at Joyride's sole and absolute discretion without the benefit of a refund. I hereby release Joyride from any liability and will not hold Joyride or their employees, agents or other associated persons responsible for any actions or injuries related to or as a result of my dog. Notify Joyride at least 48 hours prior to arrival of the dog's specific weight and life vest size to ensure proper vests are provided upon arrival. Further, I and on behalf of myself, spouse (if any), children (if any), pets (if any), heirs, executors, administrators, and representatives, hereby fully and unconditionally agree to indemnify, defend, and hold harmless Joyride Boat Club LLC and any and all of its owners, members, employees, captains, agents, volunteers, officers, personnel, representatives, affiliates, successors from and against any and all claims, damages and injuries caused, arising out of, or relating to the dog's actions and behaviors, including, but not limited to, claims for property damage bodily injury or death, and third-party claims.
I hereby acknowledge and agree to the following terms of Cancellation:
Cancellations & Refunds: Cancellations and/or changes to your reservation must be received by Joyride no later than twenty-four (24) hours prior to the scheduled time and date of your specified charter commencing for a refund. Any cancellations made after the aforementioned deadline will result in Joyride retaining any fees paid as of the date of cancellation and no refunds, rescheduling, nor credits will be provided.
Late Arrivals or No Shows: In the event you are running late to your charter and fail to notify Joyride of your late arrival, then Joyride will assume you are a "no show" and will terminate your charter without refunding, rescheduling, or crediting you and Joyride will retain any and all fees paid to Joyride as of the date the charter commences (the "No Show Policy"). In the event you are running late to your charter but you notify Joyride prior to your charter commencing of your late arrival, Joyride may, at it's sole and absolute discretion, hold the vessel for a maximum grace period of fifteen (15) minutes. Following the 15-minute grace period, Joyride will terminate your charter and the terms of the No Show Policy shall apply.
Inclement Weather, Unforeseen Circumstances or Partial Charters: Weather related cancellations or cancellations due to unforeseen circumstances (e.g. medical emergencies), including partial charters are determined by Joyride's sole and absolute discretion. If the weather is anticipated to be unsafe or unenjoyable for you as a customer, Joyride may cancel the charter in advance of the charter commencing and/or while onboard the charter. In the event a weather related cancellation or other unforeseen circumstance where a cancellation or early termination of the charter occurs, you will be notified no later than fifteen (15) minutes prior to your charter commencing or in the instance of a charter concluding early due to weather or other unforeseen circumstances, you will be notified while on charter, and the following options will apply:
Reschedule: In the event rescheduling your charter is possible, Joyride will submit a link for you to reschedule your charter via the email on file with the original booking reservation, or, a Joyride team member can reschedule you for your preferred date and time over the phone at your request. The credit to reschedule your charter will expire after one (1) calendar year of the date of cancellation and you hereby acknowledge and agree that any and all fees paid that are not rescheduled within one (1) calendar year of the date of cancellation are hereby retained by Joyride; or
Refund: In the event rescheduling your charter is not possible, you must notify Joyride by email and/or phone number to request a refund for your cancelled charter. Requests for refunds must be received by Joyride within forty-eight (48) hours of Joyride cancelling the charter for a refund to be issued. Any request(s) for a refund made after forty-eight (48) hours following the cancelled charter will be denied and the terms of reschedule in section 12 subsection (3)(1) above apply.
Notwithstanding the foregoing, in the event you request to cancel the charter on your own accord at any time due to weather or otherwise request to return to the dock prior to your charters scheduled conclusion time, you hereby acknowledge and agree that you forfeit any credits or refunds from Joyride and that Joyride will retain any and all fees paid to Joyride as of the date the charter commences. For clarity, Joyride will not continue past your reserved timeframe for any reason. No refund or compensation will be paid if your charter is cancelled or terminated early due to a Force Majeure Event, as defined below.
13. Force Majeure: Without limitation, Joyride is not responsible for and no refunds will be given for, delays or cancellations of all or part of your charter booking due to causes or circumstances beyond Joyride's responsibility or control, including but not limited to acts of God; perils of sea, harbors, rivers, or other navigable waters; act of governmental ruling authority; epidemic; collision; stranding; fire; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstances beyond Joyride's responsibility or control (a "Force Majeure Event"). For avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of a pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, townships, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restrictions, warning or advisory issued in relation thereto by any local, city, townships, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable diseases, or (d) any unavailability of any resources, information, or services resulting from any of the foregoing, including, without limitation, the unavailability of resources, information or services due to any government shut downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by Joyride to operate and/or book your charter or otherwise fulfill our obligations under these terms.
14. Joyride customers have the option of purchasing packages which include food on the Joyride booking platform. However, I understand that food selections are made and provided by a third party food and/or beverage vendor (the "Third-Party Food Vendor") and are not prepared by or associated with Joyride's services in any capacity. I understand that I am required to notify Joyride of any and all food or beverage related allergies and dietary restrictions for myself and my party when placing the food and/or beverage order. I assume the sole and absolute risk of consuming any foods and/or beverages purchased and/or provided by myself from the Third-Party Food Vendor. Furthermore I waive and agree not to assert any claims or causes of action against Joyride on account of, arising out of or in connection with any and all injuries or illnesses, including but not limited to serious bodily harm or death, nor on account of, any losses or damages to me, that arise out of or are related to my consumption of any foods and/or beverages brought on any yacht, boat, vessel or other property owned or under the control of Joyride arising out of or related to my participation in the charter event(s) or use of any other Joyride services. I hereby assume all risks of injury, death, loss or damage to my person, child or ward or property related to any of the foregoing. I fully acknowledge and understand that consuming any foods and/or beverages before, during or after all charter event(s) may carry risk and I voluntarily participate in them with full knowledge that there is risk of personal illness, property loss and/or death related to myself, child or ward.
15. Joyride customers have the option of purchasing additional services and/or packages, which include but are not limited to, a private car driving service on the Joyride booking platform. However, I understand that the private driving selections, and other third party services, are made and provided by a third party vendor (the "Third-Party Vendor") and are not performed by or associated with Joyride's services in any capacity. I understand that I am required to notify Joyride of any and all restrictions for myself and my party when placing the Third Party Vendor order. I assume the sole and absolute risk of participating in and purchasing any third party services provided by the Third-Party Vendor. Furthermore, I waive and agree not to assert any claims or causes of action against Joyride on account of, arising out of or in connection with any and all injuries or illnesses, including but not limited to serious bodily harm or death, nor on account of, any losses or damages to me, that arise out of or are related to my participation in or purchase of any Third-Party Vendor arising out of or related to my participation in the charter event(s) or use of any other Joyride services. I hereby assume all risks of injury, death, loss or damage to my person, child or ward or property related to any of the foregoing. I fully acknowledge and understand that participating or hiring any Third-Party Vendors, during or after all charter event(s) may carry risk and I voluntarily participate in them with full knowledge that there is risk of personal illness, property loss and/or death related to myself, child or ward.
By signing below I acknowledge and represent that (1) I have read all of the foregoing, understand the foregoing, and sign voluntarily as my own free act and deed; (2) I am sufficiently informed about the risks involved so that I can make an informed decision to sign or not sign this document; (3) no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made to me; (4) I am at least eighteen (18) years of age and fully and legally competent; and (5) I execute this document for full, adequate, and complete consideration fully intending to be bound by the same forever into the future. I agree that this Terms & Conditions and Release of Liability Waiver, assumption of risk and indemnity agreement shall be governed by and construed in accordance with Georgia law, and that if any of the provisions hereof are found to be unenforceable by law, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement as a whole.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE JOYRIDE BOAT CLUB LLC.
PASSENGER:
Signature: ______________________________
Name: ______________________________
Date: ______________________________
PARENT/GUARDIAN WAIVER FOR MINORS (under 18 years old). By signing below, I as the parent and/or guardian of the undersigned minor or ward acknowledge that I am, in fact, acting in such capacity and that I consent to my child or ward's participation in any and all charter events, and agree, for the undersigned minor or ward and for myself, that I have read this Terms & Conditions and Release of Liability Waiver, assumption of risk and indemnity agreement and that it is agreed to and fully binding upon the undersigned minor or ward. I have fully read and understand this Release of Liability Waiver, assumption of risk and indemnity agreement and I agree, individually and on behalf of my child or ward, to each and every of its terms and conditions and other provisions.
PARENT AND/OR GUARDIAN (if applicable for those under 18 years of age):
Signature: ______________________________
Name of Child: ______________________________
Date: ______________________________