TERMS & CONDITIONS OF CRUISE FOR A CAUSE REGISTRATION:
LIMITATION OF LIABILITY. (A) IN THE EVENT A PASSENGER IS INJURED, BECOMES ILL, DIES, OR PROPERTY IS LOST OR DAMAGED, CITY CRUISES WILL NOT BE LIABLE FOR ANY DAMAGES UNLESS THE OCCURRENCE WAS DUE TO CITY CRUISES’ NEGLIGENCE OR WILLFUL FAULT. CITY CRUISES DISCLAIMS LIABILITY UNDER ANY CIRCUMSTANCES FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WHICH WAS NOT: (I) THE RESULT OF PHYSICAL INJURY TO A PASSENGER CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; (II) THE RESULT OF THE PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; OR (III) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP. IN NO EVENT WILL CITY CRUISES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. (B) CITY CRUISES ASSUMES NO LIABILITY IN RESPECT OF THE ACTS OR OMISSIONS OF ANY THIRD PARTY OTHER THAN THOSE HIRED OR EMPLOYED DIRECTLY BY CITY CRUISES TO PERFORM THE SERVICES CONTEMPLATED IN THIS AGREEMENT. IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE AGREEMENT, CITY CRUISES ALSO RETAINS ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501- 30511. (C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST CITY CRUISES ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE EVENT OR THE AGREEMENT. COVID:19: THE NOVEL CORONAVIRUS, COVID-19, HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION. COVID-19 IS EXTREMELY CONTAGIOUS AND IS BELIEVED TO SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT. CITY CRUISES CANNOT GUARANTEE THAT PASSENGERS WILL NOT BE EXPOSED TO COVID-19 DURING YOUR EVENT. THEREFORE, WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, THE FOLLOWING TERMS AND CONDITIONS ARE EFFECTIVE FOR EVENTS: 1. GUEST ASSUMPTION OF RISK - PASSENGERS ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND THAT, DESPITE CITY CRUISES’ EFFORT TO MITIGATE SUCH DANGERS, PASSENGERS MAY BE EXPOSED TO OR INFECTED BY COVID-19 DURING PARTICIPATION IN THE EVENT, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, OR DEATH. PASSENGERS UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ANYONE. PASSENGERS ASSUME ALL OF THE FOREGOING RISKS AND ARE SOLELY RESPONSIBLE FOR ANY RESULTING INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, RELATED TO COVID-19, THAT PASSENGERS MAY EXPERIENCE OR INCUR IN CONNECTION WITH THE EVENT (“COVID CLAIMS”). 2. GUEST WAIVER OF CITY CRUISES’ LIABILITY - PASSENGERS RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS CITY CRUISES, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM THE COVID CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF CITY CRUISES, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND INDEPENDENT CONTRACTORS WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN THE EVENT.
(A)FOR AVOIDANCE OF DOUBT, IN ANY CASE GOVERNED BY 46 UNITED STATES CODE SECTION 30508, PASSENGERS MAY NOT MAINTAIN A LAWSUIT AGAINST CITY CRUISES OR THE SHIP FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO CITY CRUISES NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON CITY CRUISES IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. (B) FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, BREACH OF AGREEMENT, ILLNESS OR DEATH OR INJURY, NOT GOVERNED BY 46 UNITED STATES CODE SECTION 30508, PASSENGERS MAY NOT MAINTAIN A LAWSUIT AGAINST CITY CRUISES OR THE SHIP, NOR WILL CITY CRUISES OR THE SHIP BE LIABLE THEREFORE, UNLESS CITY CRUISES IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER CONCLUSION OF THE EVENT, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER CONCLUSION OF THE EVENT, AND VALID SERVICE OF THE LAWSUIT ON CITY CRUISES IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (I) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (II) THREE (3) YEARS AFTER THE DAY OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.
REGISTRANTS AND ATTENDEES ALSO AGREE THAT HE/SHE/THEY ARE SOLEY RESPONSIBLE FOR HIS/HER/THEIR SAFETY SECURITY AT THE “CRUISE FOR A CAUSE” BRUNCH EVENT, AND HEREBY WAIVE ANY RIGHTS AGAINST THE LEAGUE OF WOMEN VOTERS LAKE MICHIGAN REGION TO RECOVERY OF DAMAGES FOR BREACH OF CONTRACT, PHYSICAL INJURY OR ANY OTHER TYPE OF INJURY RESULTING FROM REGISTRATION, PARTICIPATION, OR ATTENDANCE AT THIS EVENT.
LIMITATION OF LIABILITY. (A) IN THE EVENT A PASSENGER IS INJURED, BECOMES ILL, DIES, OR PROPERTY IS LOST OR DAMAGED, CITY CRUISES WILL NOT BE LIABLE FOR ANY DAMAGES UNLESS THE OCCURRENCE WAS DUE TO CITY CRUISES’ NEGLIGENCE OR WILLFUL FAULT. CITY CRUISES DISCLAIMS LIABILITY UNDER ANY CIRCUMSTANCES FOR INFLICTION OF EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WHICH WAS NOT: (I) THE RESULT OF PHYSICAL INJURY TO A PASSENGER CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; (II) THE RESULT OF THE PASSENGER HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP; OR (III) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER OR OPERATOR OF THE SHIP. IN NO EVENT WILL CITY CRUISES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. (B) CITY CRUISES ASSUMES NO LIABILITY IN RESPECT OF THE ACTS OR OMISSIONS OF ANY THIRD PARTY OTHER THAN THOSE HIRED OR EMPLOYED DIRECTLY BY CITY CRUISES TO PERFORM THE SERVICES CONTEMPLATED IN THIS AGREEMENT. IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE AGREEMENT, CITY CRUISES ALSO RETAINS ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501- 30511. (C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST CITY CRUISES ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE EVENT OR THE AGREEMENT. COVID:19: THE NOVEL CORONAVIRUS, COVID-19, HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION. COVID-19 IS EXTREMELY CONTAGIOUS AND IS BELIEVED TO SPREAD MAINLY FROM PERSON-TO-PERSON CONTACT. CITY CRUISES CANNOT GUARANTEE THAT PASSENGERS WILL NOT BE EXPOSED TO COVID-19 DURING YOUR EVENT. THEREFORE, WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, THE FOLLOWING TERMS AND CONDITIONS ARE EFFECTIVE FOR EVENTS: 1. GUEST ASSUMPTION OF RISK - PASSENGERS ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND THAT, DESPITE CITY CRUISES’ EFFORT TO MITIGATE SUCH DANGERS, PASSENGERS MAY BE EXPOSED TO OR INFECTED BY COVID-19 DURING PARTICIPATION IN THE EVENT, AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, OR DEATH. PASSENGERS UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ANYONE. PASSENGERS ASSUME ALL OF THE FOREGOING RISKS AND ARE SOLELY RESPONSIBLE FOR ANY RESULTING INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, RELATED TO COVID-19, THAT PASSENGERS MAY EXPERIENCE OR INCUR IN CONNECTION WITH THE EVENT (“COVID CLAIMS”). 2. GUEST WAIVER OF CITY CRUISES’ LIABILITY - PASSENGERS RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS CITY CRUISES, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES, OF AND FROM THE COVID CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERETO. THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF CITY CRUISES, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND INDEPENDENT CONTRACTORS WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN THE EVENT.
(A)FOR AVOIDANCE OF DOUBT, IN ANY CASE GOVERNED BY 46 UNITED STATES CODE SECTION 30508, PASSENGERS MAY NOT MAINTAIN A LAWSUIT AGAINST CITY CRUISES OR THE SHIP FOR LOSS OF LIFE OR BODILY INJURY UNLESS WRITTEN NOTICE OF THE CLAIM IS DELIVERED TO CITY CRUISES NOT LATER THAN SIX (6) MONTHS AFTER THE DAY OF DEATH OR INJURY, THE LAWSUIT IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER THE DAY OF DEATH OR INJURY, AND VALID SERVICE OF THE LAWSUIT ON CITY CRUISES IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. (B) FOR ALL OTHER CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OR DAMAGE TO PROPERTY, BREACH OF AGREEMENT, ILLNESS OR DEATH OR INJURY, NOT GOVERNED BY 46 UNITED STATES CODE SECTION 30508, PASSENGERS MAY NOT MAINTAIN A LAWSUIT AGAINST CITY CRUISES OR THE SHIP, NOR WILL CITY CRUISES OR THE SHIP BE LIABLE THEREFORE, UNLESS CITY CRUISES IS PROVIDED WITH WRITTEN NOTICE OF CLAIM WITHIN THIRTY (30) DAYS AFTER CONCLUSION OF THE EVENT, THE LAWSUIT FOR SUCH CLAIM IS COMMENCED NOT LATER THAN ONE (1) YEAR AFTER CONCLUSION OF THE EVENT, AND VALID SERVICE OF THE LAWSUIT ON CITY CRUISES IS MADE WITHIN THIRTY (30) DAYS FOLLOWING THE EXPIRATION OF THAT ONE (1) YEAR PERIOD. IN THE CASE OF A CLAIM BY OR ON BEHALF OF A MINOR OR LEGALLY INCOMPETENT PERSON, THE TIME PERIODS DESCRIBED ABOVE SHALL BEGIN TO RUN ON THE EARLIER OF: (I) DATE OF APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE MINOR OR LEGALLY INCOMPETENT PERSON, OR THEIR ESTATE (AS THE CASE MAY BE); OR (II) THREE (3) YEARS AFTER THE DAY OF DEATH, INJURY OR DAMAGE, AS APPLICABLE.
REGISTRANTS AND ATTENDEES ALSO AGREE THAT HE/SHE/THEY ARE SOLEY RESPONSIBLE FOR HIS/HER/THEIR SAFETY SECURITY AT THE “CRUISE FOR A CAUSE” BRUNCH EVENT, AND HEREBY WAIVE ANY RIGHTS AGAINST THE LEAGUE OF WOMEN VOTERS LAKE MICHIGAN REGION TO RECOVERY OF DAMAGES FOR BREACH OF CONTRACT, PHYSICAL INJURY OR ANY OTHER TYPE OF INJURY RESULTING FROM REGISTRATION, PARTICIPATION, OR ATTENDANCE AT THIS EVENT.