Floating Kneads Waiver of Liability

By signing this Release of Liability and Waiver, I confirm that I recognize that there may be inherent risks associated with visiting, receiving treatments on, and/or being transported by and boating with Floating Kneads’ Be Well Boats.

In consideration of my participation in Be Well Boat treatments and experiences, I hereby release, discharge, and covenant not to sue Floating Kneads Incorporated, including their respective directors, officers, employees (contract and direct hire), agents, representatives, insurers, clients, successors, assigns, any property owners, and hosting marinas (“Released Parties”) and further release from liability the Released Parties from any and all claims, losses, damages, or liability, INCLUDING LOSSES DUE TO THE NEGLIGENCE OF RELEASED PARTIES WHEN PERFORMING ANY TREATMENTS OR TRANSPORTATION. 

Released Parties are not liable for any theft or loss of personal property or losses resulting from personal injury, accidents, illnesses (including death), and property loss arising from participation in Be Well Boat treatments and experiences or using the Spa Boats.

I acknowledge and agree that I am responsible for my own health and safety and that Floating Kneads’ associates and/or any hired or contracted technicians and service providers are not health care practitioners and cannot be expected to diagnose and/or treat individual health problems.

I understand that I am responsible for discussing any questions that I may have concerning my health conditions prior to and during any treatment and experience provided on/by Be Well Boats and, should health-related symptoms occur, I will inform Floating Kneads personnel of the symptoms. In the event that I have reason to believe that medical clearance should be obtained prior to Be Well Boat treatments and experiences, I agree to first consult a physician before participating.

By voluntarily choosing to receive treatments and/or participate in experiences offered by Floating Kneads on its Be Well Boats, I warrant that to the best of my knowledge, I have no disability, impairment, or ailment that prevents me from receiving such treatments and/or engaging in such participation.

Consequently, in light of the foregoing, I hereby release Floating Kneads and its affiliates, owners, members, officers, employees, agents, successors and assigns and waive any and all claims, liabilities, property damages, physical damages, or personal injuries that I may receive directly or indirectly from receiving treatments, utilizing the Spa Boat, and/or participating in the experiences offered. 

I hereby understand that my participation in Be Well Boat treatments and experiences shall carry certain inherent risks that cannot be eliminated regardless of care taken to avoid injuries. I HEREBY STATE THAT MY PARTICIPATION IN THEM IS VOLUNTARY, AND I ASSUME ALL RISK.  

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including bites), acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks and I HEREBY ASSUME ALL SUCH RISKS. 

I assert that I am physically fit to ride on a boat and I will not hold the Released Parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which may occur while riding on the boat, or otherwise participating in Be Well Boat experiences. 

I fully understand that Floating Kneads’ Be Well Boats have no medical facilities or capabilities beyond a first aid kit and, that in the event of illness or injury, appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. 

The Released Parties have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the Released Parties, their crew, boats or passengers responsible for their actions in attempting the performance of rescue or first aid. 

I acknowledge that I am aware of the potential risks associated with my use of and stay on (including overnight stays) Floating Kneads’ Be Well Boats, including but not limited to slips, trips, falls, property damage, property loss, and equipment failure. I agree to release the Released Parties from any and all liability for any injuries, damages, or losses that may occur during my stay, except for those caused by their gross negligence or criminal conduct. 

I understand that no events or parties are allowed on the Be Well Boats without the expressed consent of Floating Kneads’ management and that any indication of an event being planned, underway, or having occurred constitutes grounds for immediate removal from the Be Well Boats and the hosting marina, and forfeiture of any funds I have expended for use of the Be Well Boat and the unauthorized event, and removal from Floating Kneads’ Be Well Boat Membership Club with no refund. 

I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of my heirs, my personal representatives, and myself. This document constitutes the final and entire agreement between the Released Parties and the undersigned. There are NO WARRATIES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I have read this agreement and am aware that it is a release of liability and a contract between the Released Parties and myself. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

By entering your name below and submitting this form you certify to have read and understand this questionnaire.