PASSENGER RELEASE AND INDEMNITY (the “Terms and Conditions”) and PASSENGER TERMS AND CONDITIONS OF ADMISSIONS
PASSENGER RELEASE AND INDEMNITY
In consideration of you allowing me to participate in your cruise and/or boating excursion (the “Excursion”):
- I voluntarily waive, release and forever discharge Freeman Cruises, LLC., also doing business as “The Madam Carroll” (collectively the “Company”) and its employees, directors, officers, agents and contractors (collectively the “Operators”) from any and all liability, including but not limited to liability arising from the negligence (including gross negligence) or fault of the Operators or any of them for personal injury or death, property loss or damage or any other claims of any kind which may occur to me during or in connection with the Excursion and/or the use or misuse of any equipment, vessels or vehicles.
- I agree that all agreements made between the Operators and myself (including the acceptance of this Waiver and these Terms and Conditions by purchase of and or use of an admission ticket shall be governed by the laws of the United States and the Courts of Indiana shall have exclusive jurisdiction over any matter relating to the said agreements or this Waiver and these Terms and Conditions.
- I agree that this Waiver shall be binding upon my heirs, executors, administrators, successors, assigns and my estate and I agree that in the event that a claim is made against the Operators or any one of them in respect of any cause of action relating to me, I will indemnify the Operator(s) for their losses, damage and expenses arising from such claim.
I also confirm that I:
- wish to participate as a passenger on the recreational charter boat ride being operated by the Company, and I acknowledge that my participation in the Excursion is completely voluntary.
am physically fit; without any health-related reasons that would otherwise preclude my participation in the Excursion.
- UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks.
- fully understand that the involved 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 I can be transported to a proper medical facility.
- fully assume responsibility for my own safety (including, without limitation, following all directions of the boat’s captain and crew) while participating in the Excursion, and verify that I am physically able to participate.
- have had no person associated with the Company make any express or implied representation to me that they or the boat’s crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold any person or entity responsible for their actions in attempting the performance or rescue or first aid.
- authorize the Company to use any photographs, personal narrative, interviews, or audio and video recording of my participation in the Excursion for any and all purposes.
PASSENGER TERMS AND CONDITIONS OF ADMISSIONS
- Tickets are non-refundable and cannot be exchanged. Unless otherwise stated, a valid ticket issued by The Madam Carroll is required for boarded prior to an excursion.
- Please visit the event page on the website for boarding and departure times specific to your excursion. The vessel cannot be held for patrons who are not on the boat by the listed departure time.
- If your event is designated as 21 and over, you will need a valid state issued driver’s license/ID card or government Passport to board the vessel.
- No food or beverage may be taken onto the boat or off the boat following your cruise.
- The Madam Carroll reserves the right to deny boarding without refund to any passenger who is found to be unruly, disorderly, or intoxicated.
- For the safety of all patrons, the Madam Carroll reserves the right to inspect any form of baggage brought onto the vessel including purses, bags or backpacks at the time of boarding.
- The boat cruises rain or shine, unless conditions are deemed unsafe by the Operators in which case your excursion may be delayed or postponed.
Finally, I confirm that I read fully understood, and accepted these PASSENGER TERMS AND CONDITIONS OF ADMISSIONS, and THE PASSENGER RELEASE AND INDEMNITY, and that I had the opportunity to do so before making any commitment of whatsoever kind or nature to the Company and purchase and or use of admission options to board the vessel.