Statement of Risk
At Pleasant Bay Boat Tours (PBBT), we want you to have fun, but it is also important to inform you in advance that inherent hazards and risks exist in any activities associated with boating, beach, water and terrestrial (land) sports, and the outdoors. These risks may include, but are not limited to, the presence and use of motorized and non-motorized watercraft and related activities. We have taken reasonable steps to provide you with appropriate equipment and a skilled staff.  But, NO BOATING, BEACH OR WATERSPORTS ACTIVITY IS WITHOUT RISK. Certain risks cannot be eliminated without dismantling the unique character of the activity, and these risks may result in the loss of or damage to equipment, personal injury, illness, and in extreme cases, permanent injury, or death.

Acknowledgement of Risk:
I acknowledge that marine activities, water sports and terrestrial (land) activities to which transport is provided by boat include, but are not limited to the following general risks:

Injury and drowning can occur even in shallow or apparently calm waters. Bay and ocean waters are especially dangerous owing to strong currents and rip tides. Never swim in currents or rip tides. Never swim alone without the presence of lifeguards. All swimmers in or out of the boat, in the bay, harbor or ocean, do so at their own risk. Diving into any body of water can result in head, spine and other serious injuries. Diving is never recommended.

US Coast Guard approved personal floatation devices, such as a life vest or life jacket should be worn at all times when participating in any watersports and marine activities.

The use of alcohol, drugs and certain medications may severely inhibit your ability to swim, operate or use equipment, or perform other activities. Never engage in watersports and marine activities while or after consuming alcohol.  Never operate a motor vehicle while or after consuming alcohol.

Exposure to the sun may result in sunburn, heat stroke and dehydration. Wear protective clothing and sunscreen, and drink plenty of water. If you ever feel dizzy or sick, seek medical attention.

Marine life, including but not limited to crabs, horseshoe crabs, shellfish, jellyfish, finfish, seals, sharks may be present and pose risk of illness, accident, injury, or death.

Weather may change rapidly and without notice. Inclement weather including, but not limited to rain, fog, wind (and resulting high seas), hail, lightning may arise and pose risk of illness, accident, injury, or death.

Sharp and/or heavy objects, including, but not limited to shells, glass, discarded objects, fish hooks, rusted metal, anchors, rocks, barnacles may be present in the water, on the sea floor and on beaches and may pose risk of illness, accident, injury, or death.

Activities provided by PBBT occur in places where return to shore-side emergency services may be significantly delayed.  Seemingly minor injury or illness can rapidly progress to serious or life threatening stages prior to return to shore.

Unskilled, inattentive, intoxicated and/or reckless boat operators may be present in the vicinity of boating, swimming, or beach activities and may cause serious injury or death to swimmers, bathers or those engaged in watersports.
 
Despite reasonable efforts to properly maintain boat, engine, boat gear, watersports equiptment and personal floatation devices, unexpected failure in any or all of these may occur, causing injury or death.

Umbrellas properly anchored in sand and tilted appropriately into the wind may nevertheless become dislodged from their anchorages and blow across land or water causing injury or death to both PBBT clients and bystanders. PBBT clients and passengers assume full responsibility for consequences of umbrella events caused by personal or PBBT-provided umbrellas.

Roadway entry into and exit from any paring area, including the parking area at Jackknife Cove Beach is dangerous and requires heightened attention to speed, blind areas, narrowness of roadway with bidirectional traffic, steep incline and other undefined driving hazards.

The parking lot at Jackknife Cove has areas of soft sand in which vehicles could become trapped.  Parking on solid ground is advised.

High tide waters at Jackknife Cove might encroach into the roadway and parking areas. 

I further acknowledge that marine activities, water sports and terrestrial (land) activities to which transport is provided by boat include, but are not limited to the following additional risks:

Changing Tides, changing water depths, undertows, currents, waves and wave action from watercraft wakes;
Possible collision with the watercraft, other watercraft, other participants, swimmers, man-made objects, natural objects and floating objects;
Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature, exposure to the elements, hypothermia;
Slipping or falling when getting in or out of watercraft;
Injuries or illness sustained while traveling to and from the activity;
The presence of unpredictable behavior of insects and marine life;
Equipment failure and operator error;
Heat and sun-related injuries or illnesses such as sunburn, sunstroke, and dehydration;
Wind-blown objects, including unbrellas, which may cause impalement;
Consumption of prescription and nonprescription medication or intoxicants, including marijuana, alcohol and illicit drugs, whether before, during or after the boating activity, may increase the risk to myself and others of illness, accident, injury, or death. 

I further acknowledge and I understand that the above-mentioned risks do not constitute a complete list. Unknown, unanticipated, and unforeseeable risks exist that may cause serious illness, accident, injury, or death. 

Express Assumption of Risk and Responsibility:
I choose to participate in the activities despite all potential risks. I agree to assume responsibility for any risks of any activity in which I may engage including risks mentioned and not mentioned in this document. My participation in any activity is purely voluntary. I verify that I am in adequate physical shape. I am sufficiently qualified, trained and capable to participate in the activity. I assume full responsibility for myself and for any minor children for whom I am responsible with regards to any illness, accident, injury, death, loss or damage to person or property, and for any expenses that result, including any medical treatment and transportation.

Release of Liability:
I, for myself and for any minor children for whom I am responsible, including heirs, personal representative, or assigns, hereby agree:

1) To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities herein referred to as releasees: Pleasant Bay Boat Tours, James M. Schwartz; Erika L. Klein (spouse); their vessels; their children, heirs, asigns; volunteers and affiliates.

2) To release the releasees, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise, with the exception of intentional, wanton, or willful misconduct. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.

3) For tours, trips and bookings that include disembarking from the boat, including, but not limited to, tubing, standup paddleboarding, swimming and disembarking to any beach, I expressly acknowledge that any and all responsibilities of PBBT and Captain James Schwartz exist only while I am onboard the boat, end upon disembarking from the boat and resume only upon my reembarking onto the boat. In addition to other releases of liability contained in this contract, I further specifically assume full responsibility for any and all risks arising from activities while off the boat. I further indemnify and hold harmless Pleasant Bay Boat Tours, James M. Schwartz; Erika L. Klein (spouse); their vessels; their children, heirs, asigns; volunteers and affiliates with regard to any illness, accident, injury, or death to myself or others arising from umbrellas, beach chairs or any other materials supplied by Pleasant Bay Boat Tours. 

4) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.

Covenant of Good Faith and Authorization to order Medical Services:
I understand that Pleasant Bay Boat Tours (PBBT) and Captain James Schwartz (herein referred to as "you" and "your") is a provider of services and will operate in good faith and fair dealing. I agree that you may, in your sole discretion, decide to terminate any activity at any time for any reason. I hereby authorize any medical treatment and transportation deemed necessary in the event of injury. I either have appropriate insurance or, in its absence, I agree to pay all costs of rescue, medical services, and transportation incurred on my behalf.

Verification of Sobriety:
I verify that I am not under the influence of alcohol, drugs or activity-inhibiting medication prior to boarding and that I will not consume alcohol, drugs or activity-inhibiting medication during the trip. I further acknowledge that it is not the captain's role or responsibility to monitor or ensure that I adhere to the preceeding statement.

I hereby declare that I am of legal age and am competent to sign this Agreement or that I am a parent or legal guardian of a minor and shall sign on behalf the minor. I further declare that am in complete understanding and concurrence with this Agreement. I understand that by signing this document I am expressing my intent to waive valuable legal rights including any and all rights that I may have or now have against the owner, the operator, the manager, or any of their employees, agents, servants, assigns and affiliates. I have read this Agreement, understand it, and I agree to be bound by it.