Release of Liability and Indemnity Agreement

In consideration of myself and my child(ren) (if any) being allowed to enter and board a boat operated by Hudson Ferry Company, LLC. :

I acknowledge, agree, and represent that Hudson Ferry Company, LLC d/b/a Hudson Ferry Co. (“Hudson Ferry”) is the owner and/or operator of the boat that I and/or my children are boarding.

I acknowledge, agree, and represent that I fully understand the hazards associated with the use and enjoyment of boats and boating equipment whether it be as renter, operator, passenger and/or general user of equipment for same (the “Activities”) a.Such hazards may include, but are not limited to, 1) Changing water flow, currents, and watercraft wakes or waves; 2) Collisions with other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, drowning and/or death; 4) Attack by or encounter with insects and marine life forms; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and/ or follow directions; 7) Wind, inclement weather, lightning, variances and extremes of wind, weather, and temperature, 9) Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration. Unknown or unanticipated risks may also result in injury, illness or death.

I further agree and warrant that I and/or my children are engaging in the Activities voluntarily.

I fully understand that embarking on Hudson Ferry Company, LLC’s boat for any purpose involves risks and dangers that may result in bodily injury, including but not limited to, permanent disability, paralysis, disease and death caused by, among other things, drowning, moving parts on equipment, and boat traffic on the Hudson River (collectively “Risk”).

Risks and dangers may be caused by my own actions, my child(ren)’s actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities takes place, or the negligence of released parties; there may be other risks and social and economic losses, either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages, I incur as a result of my participation or that of my children in any of the activities.

I hereby release, discharge and covenant not to sue the entities or any owner of the Property on which the Activities occur, and each of their respective agents, officers, directors, partners, members, independent contractors, employees, volunteers, and any of their sponsors, underwriters or advertisers (each considered one of the Released Parties herein) from all liability, claims, demands, losses or damages caused or alleged to be caused in whole or in part by the negligence of the released parties or any other party including myself or otherwise and I further agree that id, despite this release and waiver of liability, assumption of risk and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save and hold harmless the released parties from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as a result of such claim.  

I agree that in the event I and/or my children require medical treatment, I agree to be financially responsible for any and all costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I hereby consent to the use by any Released Party of any likeness, picture, video, or individual name in any promotional, marketing or advertising medium, including the internet, newspapers, magazines or other written publications or emails.

I acknowledge the contagious nature of Coronavirus/COVID-19 and do not hold the Entities responsible if I or my child(ren) come in contact with COVID-19 while on the Property or the boat.

I agree that I will indemnify and hold harmless the Entities for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, minor children under the undersigned's custody, care, and control, as a result of any and all Activities, even if such damages arise out of the negligence or fault of the entities.

I acknowledge that alcohol and any other substance, whether illegal or legal, prescribed or unprescribed by a medical professional, may increase any and all risks associated with the activities described herein. I agree that I will indemnify and hold harmless the Entities for all personal injuries, property damages, or any other damages to anyone including myself while under the influence of any substance while on the Property or the boat, even if such damages arise out of the negligence or fault of the entities.

Safety and Security Surroundings Liability: 

I understand and acknowledge that the Entities do not guarantee the security or safety of the Property the areas adjacent to and surrounding the Property or boat, or or any areas that may be traversed on the way to or from the Property or boat. I release the Entities from any and all claims arising out of accidents or events caused by a participant or third parties not associated with the Entities which could occur on the Property or boat, in areas adjacent to or surrounding the Property or boat, or in areas traversed by participants traveling to and from the Property or boat. I further release the Entities from liability for any damage or injury that may occur as a result of the surface or condition of the Property or boat, or the condition of facilities or equipment used on the Property or boat.

By checking the box, I acknowledge I have read the above release, fully understand it and agree to its terms. I have agreed to this release freely and without inducement or assurance of any nature. I intend it to be a complete and unconditional release of the entities of all liability, including negligence claims, gross negligence claims, personal injury claims, and mental anguish claims to the greatest extent allowed by law. I agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.