WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Raft-Off 2018 | NautiBuoy’s Guinness World Records Official Attempt (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my passengers (if captaining a vessel), heirs, executors, administrators, assignees, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge NAUTIBUOY, a Michigan limited liability company, and any of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, assignees, subsidiaries, or other corporations controlled directly or indirectly by NautiBuoy, LLC (“NautiBuoy”) for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless NautiBuoy against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If NautiBuoy incurs any of these types of expenses, I agree to reimburse NautiBuoy.
I acknowledge that NautiBuoy and their directors, officers, chiefs, mates, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of NautiBuoy.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE NAUTIBUOY AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST NAUTIBUOY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of NautiBuoy, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and NautiBuoy agree to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it agree that this Agreement is clear and unambiguous as is entered into.
No Guarantee of Success
The participant acknowledges that their commitment resulting from registering in Raft-Off 2018: Lake St. Clair's GUINNESS WORLD RECORDS® official attempt at the Largest Boat Tie-up involves a degree of risk and that there is no guarantee of success. Any possibility for an unsuccessful attempt will in no way diminish any and every effort by NautiBuoy to provide the participant expert and professional guidance, instruction, and coordination nor shall it reduce a participant's full and committed safe conduct toward's the world-record attempt.
Privacy, Terms and Conditions, Copyrights and Trademarks
Copyrights and Trademarks
- NautiBuoy Forever
- Get Nauti
- Good Crew, Nauti Times
- Raft-Off 2018
All custom graphics, icons, logos and service names are trademarks or service marks of NautiBuoy, LLC. All other trademarks or service marks are property of their respective owners. The use of any NautiBuoy trademark or service mark without NautiBuoy, LLC express written consent is strictly prohibited.
In other words, violators of the aforementioned will be prosecuted to the fullest extent of the law if content is stolen, copied, mimicked or used in any way any of NautiBuoy, LLC's intellectual property, content, programs, projects, events, artists or titles and names or themes, genres, brands or anything else that would allow visitors and their associates to capitalize in any way from NautiBuoy's programs, projects, events, brands, participants, artists, and intellectual property that was or is being created by or managed by NautiBuoy, LLC without NautiBuoy, LLC's fully expressed written legal consent first. So be warned! We are actually very nice people, just contact us first and you never know where it may lead.
What information do we collect?
We collect information from you when a visitor fills out a form. When inquiring with us or registering on our site, as appropriate, a visitor may be asked to enter the following: name, e-mail address, mailing address or phone number. A visitor may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from a visitor may be used in one of the following ways: To improve customer service (visitor-submitted information helps us to more effectively respond to customer service requests and support needs).
How do we protect your information?
We implement a variety of security measures to maintain the safety of a visitor's personal information after it is entered, submitted, or accessed.
We do not collect or ask for anything more than what is provided in a form located on this Site, and a visitor provides that information by his or her own free will. If we did any financial transactions in the future, we would offer the use of a secure server. All supplied sensitive/credit information would be transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After any transaction (we do not offer transactional actions on our website), your private information will not be kept on file for more than 60 days.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties a visitor's personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release a visitor's information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Michigan Online Privacy Protection Act Compliance
Because we value privacy, we have taken the necessary precautions to be in compliance with the Michigan Online Privacy Protection Act. We, therefore, will not distribute personal information to outside parties without consent.
Children's Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Terms & Conditions, Limitations of Liability
No warranties This website is provided “as is” without any representations or warranties, express or implied. NautiBuoy, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, NautiBuoy, LLC does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.] Limitations of liability NautiBuoy, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: [to the extent that the website is provided free-of-charge, for any direct loss;]
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if NautiBuoy, LLC has been expressly advised of the potential loss. Exceptions: Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NautiBuoy, LLC in respect of any:
- Death or personal injury caused by NautiBuoy, LLC;
- Fraud or fraudulent misrepresentation on the part of NautiBuoy, LLC; or
- Matter which it would be illegal or unlawful for NautiBuoy, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness by using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties [You accept that, as a limited liability entity, NautiBuoy, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against NautiBuoy, LLC officers or employees in respect of any losses you suffer in connection with the website.] [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect NautiBuoy, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NautiBuoy, LLC. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.