RELEASE OF LIABILITY

Boating activities contain inherent risks.  BY USING THIS SITE AND/OR BOOKING A TOUR, YOU HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

By booking a tour, you certify that you are physically fit, have sufficiently prepared for participation in the activity, and have not been advised to not participate by a qualified medical professional. You certify that there are no health-related reasons or problems which preclude your  participation in this activity or event.

By booking, you acknowledge that this stated policy will be used by the organizers of the activity or event in which you may participate, and that it will govern your actions and responsibilities at said activity.

In consideration of any booking that you make and permitting you to participate in this activity, you hereby take action for yourself, executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability

arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury,

property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to

and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Portland Boat Tours, LLC and/or their directors, officers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, activity or volunteers;

(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this

paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.  You acknowledge that Portland BoatTours, LLC and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Portland Boat Tours LLC.

You acknowledge that this activity may involve a test of a person’s physical and/or 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 (water/drowning), facilities, temperature, weather, condition of participants, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, officials, and lack of hydration.

You hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident,

and/or illness during this activity.

You understand that at this activity, you may be photographed and agree to allow your photo, video, or film

likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns.

This accident waiver and release of liability shall be construed broadly to provide a release and waiver to the

maximum extent permissible under applicable law.

By booking a tour through this site, YOU CERTIFY THAT YOU HAVE READ THIS DOCUMENT, AND FULLY UNDERSTAND ITS CONTENT. YOU ARE AWARE THAT THIS REPRESENTS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN YOURSELF AND THE OPERATORS OF THIS ACTIVITY.

PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old)

Any parent or natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in this activity, and has agreed individually and on behalf of the child or ward, to the terms of this accident waiver and release of liability set forth above. The parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.