The individual named below (referred to as "I" or "me") desires to participate in any and all lake and watercraft activities on and off the watercraft (the "Activity") provided by Carolina Cruising Charters, a North Carolina Limited Liability Company (the "Company") in Lake Norman and connecting shorelines and docks (the "Premises"). In consideration of being permitted by the Company to enter the Premises and participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 and OTHER INFECTIOUS DISEASE(S) (collectively, the "Disease") and the risk that I may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease (or other infectious diseases) while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees") on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that North Carolina law does not permit to be released by agreement.
3. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever/OTHER SYMPTOMS), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last Fourteen (14) days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while on the Premises or participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times while on the Premises or during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
4. Passengers and participants who are of legal age to drink alcohol are permitted to bring alcohol drinks while on the Premises in such per person amounts as the Company may from time to time determine appropriate. Alcohol is limited to beer, cider, champagne, or wine and must not be consumed during the Activity. Hard alcohol, liquor, and mixed drinks are not permitted during the Activity or on the Premises at any time. The Company’s employees and or agents are not permitted to sell furnish, or serve guests. I understand and confirm that alcohol consumption shall be at my own discretion, risk and liability, and that I may be required to produce government issued photo identification prior to such consumption. I understand that the Company reserves the right to remove me, if in the sole and absolute discretion the Company or its employees or agents, I become inebriated and misbehave, have the potential to cause harm to myself or any other person or persons, or violate any other rules or policies while on the Premises or Engaging in the Activity.
If I am removed pursuant to this paragraph, it shall be without any sort of refund or reimbursement by the Company. I hereby assume all risk involved with the possession and/or consumption of alcohol, unconditionally release, discharge and waive any and all liability on the part of the Released Parties, and agree to indemnify, save, defend, and hold harmless the Released Parties from and against any and all losses, in any way related to or resulting from the possession and/or consumption of alcohol, including, without limitation, my death or personal injury relating to alcohol.
5. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
6. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
7. I understand that during the Activity I may be photographed, videotaped or otherwise recorded in electronic or other format or media. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness or me or use of my name in connection with such likeness, and I grant to the Company and its assigns all permission to copyright, use and publish (including by electronic means) such likeness of me, whether in whole or part, in any form without restrictions, and for any purpose. I am not entitled to compensation for any such use of my name or likeness.
8. I confirm that I have read and will follow all rules and procedures outline on the Company website before participating in the Activity on the Premises. I understand that the Company reserves the right to remove me, if in the sole and absolute discretion the Company or its employees or agents, if I do not follow the rules and procedures.
9. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Iredell County, North Carolina and I hereby consent to the exclusive jurisdiction of such courts.
10. I acknowledge that this agreement may be signed and transmitted by e-mail or any other electronic means and doing so constitutes effective execution and original signatures for all purposes. Electronic signatures may be used by the parties in lieu of the original signature page(s) of this agreement for any and all purposes.