BOAT LAKESIDE PASSENGER RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Lakeside Boat Tours LLC d/b/a Boat Lakeside Liability Release Waiver

This Liability Release Waiver (“Waiver”) is executed by the undersigned (“Passenger”) in favor of Lakeside Boat Tours LLC, doing business as Boat Lakeside, including its owners, directors, officers, employees, agents, and representatives (“Boat Lakeside”). By signing this Waiver, the Passenger agrees to the following terms and conditions:

1. Voluntary Participation, Age and Health Restrictions:

• I, the Passenger, understand that it is required and acknowledge that I will be 18 years of age or older at the time of the rental.

• All minors under the age of 18 must be accompanied by an adult over 18 years old.

2. Assumption of Risk:

• I acknowledge that boating is potentially hazardous and may result in serious injury, death, or property damage.

• I understand that Michigan state law requires all children 6 years of age and under to wear a life jacket at all times while on board, life jacket use by all others is at their own discretion.

3. Safety and Conduct:

• The Passenger agrees to adhere to all safety instructions provided by the captain or crew of Boat Lakeside.

• The Passenger acknowledges that swimming or exiting the boat during the ride is strictly prohibited.

4. Health and Fitness:

• The Passenger certifies that they do not have any medical conditions that would affect their ability to participate safely in the boat ride. Pregnant women and individuals with severe back or neck problems are advised to consult their healthcare provider prior to participating in the boat ride.

• The Passenger acknowledges that the boat has limited medical facilities and that in the event of illness or injury, appropriate medical care must be summoned by radio, and treatment will be delayed until transportation to a proper medical facility can be arranged.

5. No Warranties for Rescue:

• No person associated with Boat Lakeside has made any express or implied representation that they or the boat’s crew can or will perform safe rescues or render first aid. In the event the Passenger shows signs of distress or calls for aid, they request assistance but will not hold any person or entity responsible for their actions in attempting the performance of rescue or first aid.

6. Cancellation and Rescheduling:

• Boat Lakeside reserves the right to cancel or reschedule trips at any time due to adverse weather conditions or other unforeseen circumstances.

• In the event of cancellation due to weather, the Passenger may choose to opt for a river-only boat ride if weather conditions permit, reschedule the trip, or receive a refund minus processing charges if canceled by the customer and a full refund if canceled by Boat Lakeside.

• The Passenger must provide at least 48 hours’ notice to cancel a reservation for a full refund, and Boat Lakeside will do our best to provide updates or cancelations based on weather but may do so up until the start of the reservation.

7. Release and Waiver of Liability:

• The Passenger, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, discharges, and covenants not to sue Lakeside Boat Tours LLC d/b/a Boat Lakeside for any claims, demands, liabilities, damages, losses, or causes of action arising out of or in connection with the Passenger’s participation in the Boat Ride, including but not limited to any injury, loss, or damage to person or property, except in cases of gross negligence or willful misconduct by Boat Lakeside.

8. Indemnification:

• The Passenger agrees to defend, indemnify, and hold harmless Lakeside Boat Tours LLC d/b/a Boat Lakeside and their respective officers, employees, co-workers, co-partners, subcontractors, landlords, or lessors from and against any damage, loss, theft, or destruction of any equipment or property, and against all accidents and losses, liability and property or personal damages, injuries, claims, demands, actions, causes, litigation or lawsuits, costs, and expenses of every kind and nature whether or not covered by insurance, including legal fees and disbursements, arising out of and in connection with the use, condition, or operation of the vessel and the Passenger’s presence at Boat Lakeside’s property, whether that property is fixed or floating.

9. Reservation and Timing:

• Reservations are required and must be made in advance.

• The Passenger agrees to arrive 15 minutes before the scheduled departure time.

• The boat ride will commence and conclude within a 15-minute margin of the scheduled time.

10. Facilities and Amenities:

• The Passenger is encouraged to use bathroom facilities prior to boarding the vessel. A small portable toilet is available on board, but its use is not ideal and is at the Passenger’s own risk. The Passenger is responsible for their safety and well-being while using the on-board portable toilet.

• The Passenger is responsible for their personal belongings. Boat Lakeside is not liable for any lost or damaged personal items.

11. Behavior and Alcohol:

• The Passenger agrees to comply with all local Michigan laws while on board the vessel. The possession or consumption of illegal substances is strictly prohibited.

• The Passenger may bring their own alcohol, provided they consume it responsibly and clean up after themselves.

• The Passenger acknowledges that disruptive or unsafe behavior will result in their removal from the vessel without a refund, and the boat ride may be terminated at the discretion of Boat Lakeside.

• Underage Drinking: Boat Lakeside has a Zero Tolerance policy.

12. Use of Likeness:

• The Passenger authorizes Boat Lakeside to use any photographs, personal narratives, interviews, or audio and video recordings of their participation in the Boat Ride for any and all purposes.

13. Additional Fees:

• Trip Extension: Subject to a fee determined at the time of extension, available only when weather and scheduling permit.

• Extra Cleanup Fee: May be charged at the sole discretion of Boat Lakeside and its representatives (includes alcohol, glass, blood, vomit, or other bodily fluids). Cleanup fee will be calculated at Boat Lakesides discretion.

• Losses or Damages: Charges for losses or damages to the vessel will be calculated at Boat Lakeside’s standard service and parts rates. Boat Lakeside reserves the right to designate which subcontractor will be used to repair all damages in the event of an incident.

• No refunds will be issued if the trip ends early at the Passenger’s request.

14. Electronic Signature Consent:

• By signing your initials here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such a copy, and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.

Acknowledgment and Agreement:

By signing below, the Passenger acknowledges that they have read and fully understand the terms and conditions outlined in this Waiver. The Passenger agrees to be bound by these terms and conditions and voluntarily waives any and all claims against Boat Lakeside as specified herein.

Please enter your legal name as it appears on your driver's license:

Passenger Name: 

Signature: 

Your Date of Birth: 

Current Date: Sun Oct 12, 2025

If accepting liability as the parent / responsible party / legal guardian for any minors on your trip, please enter the minor(s) legal name and birthdate:

Please select who will be participating:

BOAT LAKESIDE PASSENGER RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Revised 6/24