YELLOW BOAT TOURS
WAIVER AND RELEASE OF LIABILITY
Operated by Mason Southerly, LLC, DBA Yellow Boat Tours
Wrightsville Beach & Wilmington Area, North Carolina
1. Acknowledgment of Risks
I, the undersigned participant (or parent/guardian if applicable), understand that participation in boating activities, including but not limited to sightseeing, tubing, swimming, shelling, fishing, crabbing, and island tours (“Activities”), involves inherent risks. These risks may include, but are not limited to, slips and falls, cuts, bruises, sunburn, insect bites, equipment failure, collisions, drowning, exposure to weather and marine conditions, and other unpredictable hazards associated with water-based recreation.
I acknowledge that these activities take place in a natural, outdoor environment that is subject to changing tides, currents, weather, and other conditions beyond the control of Mason Southerly, LLC, DBA Yellow Boat Tours (“Company”).
2. Assumption of Risk
I voluntarily participate in these Activities with full knowledge of the inherent dangers involved. I expressly assume all risks, known and unknown, including those arising from the ordinary negligence of the Company, its owners, operators, employees, or agents, or otherwise.
3. Release and Waiver
In consideration of being allowed to participate in these Activities, I, for myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Mason Southerly, LLC, DBA Yellow Boat Tours, its owners, officers, employees, agents, contractors, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may occur while participating in the Activities, whether caused by negligence or otherwise.
4. Indemnification
I agree to indemnify, defend, and hold harmless Mason Southerly, LLC, DBA Yellow Boat Tours and its representatives from and against any claims, damages, costs, or expenses (including attorney’s fees) arising out of or related to my participation in the Activities, or the participation of any minor(s) under my care.
5. Health and Safety
I certify that I and any minors under my supervision are physically capable of participating in these activities and have no medical conditions that would increase the risk of injury or harm. I acknowledge that the consumption of alcohol before or during participation is permitted only if done safely, responsibly, and legally (for those over 21 years of age). The use of drugs is strictly prohibited. I acknowledge that alcohol consumption may impair judgment and increase risks associated with boating activities. Any alcohol consumption must comply with all applicable laws and must not interfere with safe participation. The Company reserves the right to terminate participation without refund for any participant who appears intoxicated, impaired, unsafe, or disruptive. I agree to follow all instructions and safety rules provided by the captain, crew, or representatives of Yellow Boat Tours at all times. I understand that failure to do so may result in termination of my participation without refund.
6. Property and Personal Belongings
I understand that Mason Southerly, LLC, DBA Yellow Boat Tours is not responsible for loss, theft, or damage to personal property brought aboard or on excursions (including cell phones, cameras, wallets, or other valuables).
7. Weather, Rescheduling, and Cancellations
I understand that tours may be delayed, shortened, rescheduled, or canceled due to weather or other safety-related concerns at the sole discretion of the Company. Refunds or credits are subject to the Company’s stated cancellation policy.
8. Emergency Medical Treatment
In the event of an emergency, I authorize Mason Southerly, LLC, DBA Yellow Boat Tours, and its representatives to obtain medical treatment for me or any minor under my supervision if deemed necessary. I understand that I am responsible for any medical expenses incurred.
9. Severability
I agree that if any portion of this waiver is found to be invalid or unenforceable, the remaining provisions shall continue in full legal force and effect.
10. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Venue for any legal action shall be in New Hanover County, North Carolina.
11. Acknowledgment and Signature
I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND MASON SOUTHERLY, LLC, DBA YELLOW BOAT TOURS, AND I SIGN IT OF MY OWN FREE WILL.
