Passenger Safety Waiver

1. Acknowledgment of Boating Risks

I understand that participation in a boat cruise involves inherent and unavoidable risks, including, but not limited to: slipping, tripping or falling while boarding, exiting or moving around the vessel; sudden vessel movement, waves, wakes, currents and changing water conditions; contact with docks, equipment, furniture or other passengers; seasickness, sun exposure, heat, rain, wind and changing weather conditions; falling overboard, drowning, collision, equipment malfunction, injury, illness or death; delays, route changes, early termination or cancellation caused by weather, mechanical issues, safety concerns or instructions from governmental authorities. I voluntarily choose to participate in the cruise with knowledge of these risks.

2. Agreement to Follow Safety Instructions

I agree to follow all instructions given by the captain and crew. I understand that the captain has final authority regarding the operation and safety of the vessel. I agree that I will: remain within designated passenger areas; keep aisles, boarding areas and emergency equipment clear; use handrails and exercise caution while the vessel is moving; wear a life jacket whenever instructed; not jump, dive or enter the water unless specifically authorized; not sit or stand on railings, counters or other unsafe areas; not bring weapons, illegal drugs, hazardous materials or unauthorized equipment aboard; not engage in fighting, threatening behavior, excessive horseplay or conduct that may endanger myself or others. Failure to follow safety instructions may result in removal from the vessel without a refund.

3. Alcohol and Personal Conduct

I understand that alcohol may increase the risk of falling, injury, illness and impaired judgment. I agree that I am solely responsible for monitoring my alcohol consumption; I will not provide alcohol to anyone under the legal drinking age; I will not board or remain aboard while dangerously intoxicated or behaving unsafely; the captain and crew may refuse alcohol service, remove alcohol or end the cruise when reasonably necessary for safety; I am responsible for any damage, excessive cleaning, fines or losses caused by my intentional, reckless or negligent conduct.

4. Health and Medical Conditions

I confirm that I am physically able to participate in the cruise. I am responsible for informing the captain or crew before departure of any medical condition, mobility limitation, severe allergy or other circumstance that may require reasonable assistance during an emergency. I understand that New York Tiki Tours does not provide medical advice or medical treatment.

5. Emergency Medical Authorization

If I become injured or ill and cannot provide instructions, I authorize New York Tiki Tours, its captain or crew to contact emergency services and arrange reasonably necessary emergency assistance. I understand that I am responsible for any medical, ambulance, transportation or related expenses incurred on my behalf.

6. Assumption of Risk and Release

To the fullest extent permitted by applicable law, I voluntarily assume the ordinary and inherent risks associated with boarding, participating in and departing from the cruise. I release and hold harmless New York Tiki Tours, the vessel owner, captain, crew members, employees, contractors and agents from claims arising from the inherent risks of boating or from my own actions, failure to follow instructions or conduct of other passengers. This agreement does not release any party from liability that cannot legally be waived, including liability arising from gross negligence, reckless or intentional misconduct, or violations of applicable safety laws.

7. Personal Property

I am responsible for my own phones, bags, clothing, jewelry and other personal belongings. New York Tiki Tours is not responsible for property that is lost, stolen, damaged, dropped or exposed to water, except where responsibility cannot legally be excluded.

8. Weather, Route and Operational Decisions

I understand that the captain may delay, change the route, return to the dock, shorten or terminate the cruise when necessary because of weather, water conditions, mechanical concerns, passenger behavior, law-enforcement instructions or other safety considerations. Any refund or rescheduling will be governed by the reservation terms agreed to at booking.

10. Minors

A parent or legal guardian must sign for each passenger under 18 years old. The parent or guardian accepts responsibility for supervising the minor and ensuring that the minor follows all safety instructions.

11. Electronic Agreement

By signing below, I confirm that I have carefully read and understand this agreement; I have had the opportunity to ask questions; I am signing voluntarily; the information I provide is accurate; my electronic signature and initials have the same legal effect as a handwritten signature.