1. I wish to participate as a passenger on the recreational charter boat ride on the ͞ULTRA Pure Gold Yacht͟ being operated by SWARM INC. and sponsored by Anheuser-Busch, LLC (͞Anheuser-Busch͟) (the "Boat Ride"), and I acknowledge that my participation in the Boat Ride is completely voluntary and is contingent upon my acceptance of the terms of this Agreement.
2. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks. I UNDERSTAND AND ASSUME ALL RISK OF PERSONAL INJURY (INCLUDING RISK OF DEATH OR DISABILITY) AND DAMAGE AND/OR LOSS TO OR OF MY PERSONAL PROPERTY in connection with the Boat Ride.
3. I fully assume responsibility for my own safety (including, without limitation, following all directions of the boat's captain and crew) while participating in the Boat Ride, and verify that I am physically able to participate in the Boat Ride.
4. I fully understand that the involved boat has limited medical facilities 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.
5. No person associated with the ULTRA Pure Gold Yacht, SWARM Inc and Anheuser-Busch has made any express or implied representation to me that they or the boat's 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 any person or entity responsible for their actions in attempting the performance or rescue or first aid. I hereby consent to receive any medical treatment which may be deemed necessary or advisable in the event of injury, accident and/or illness during the Boat Ride.
6. All participants on the Boat Ride must be 21 years of age or older. Any person arriving in an intoxicated condition shall not be allowed to board the ULTRA Pure Gold Yacht.
7. I agree to abide by all federal, state and local laws, rules and regulations, during and in connection with the Boat Ride, including without limitation all United States Coast Guard laws, rules and regulations. I further acknowledge and agree that all laws and rules regarding alcohol and behavior apply to all passengers before, during and after the Boat Ride. I agree that when the ULTRA Pure Gold Yacht returns to the starting point, or any other time during the Boat Ride as determined by the crew in its sole discretion, all drinking of alcohol must stop. I acknowledge and agree that I am responsible for obtaining a safe ride home following the Boat Ride and will not drive if I am legally intoxicated.
8. Inappropriate behavior before or during the Boat Ride will result in the offending passenger(s) being refused entrance on the boat or being asked to disembark immediately. Passengers will be responsible for their own transportation from point of disembarking. Inappropriate behavior includes but is not limited to: • Extreme intoxication or illegal drug use • Stealing Glasses or any other personal property • Foul Language or Gestures • Public urination /vomiting • Loitering more than 15 minutes after tour • Excessive noise/screaming
9. Any transgressions of the above restrictions may result in the ULTRA Pure Gold Yacht crew ending the Boat Ride immediately.
10. Having read this wavier, on behalf of myself and my executors, administrators, heirs, next of kin, successors and assigns, I agree to RELEASE from LIABILITY and HOLD HARMLESS ULTRA Pure Gold Yacht, SWARM Inc and Anheuser- Busch, along with their respective officers, directors, employees, owners, members, managers, affiliates, agents, representatives, attorneys, heirs, personal representatives, successors and assigns, all individuals associated with the Boat Ride, and all individuals and entities having an interest in the boat being used for the Boat Ride (collectively, the ͞ Released Parties͟), from any and all liability, claims, demands, equitable relief, damages, injuries (including death), costs, expenses (including reasonable attorneys’ fees), and causes of action of any kind or character, of any type or nature whatsoever (including negligence), whether known or unknown, absolute or contingent, presently existing or hereafter discovered (collectively, ͞Claims͟) arising out of the Boat Ride. I further agree to DEFEND, INDEMNIFY and HOLD HARMLESS the Released Parties from and against any and all Claims which are brought or asserted against any of them by any party claiming by or through me in connection with, arising out of or relating to the Boat Ride.
11. I hereby irrevocably grant to Anheuser-Busch and SWARM, Inc. and each of its agencies, successors and assignees, the right to record, photograph, use, publish or copyright my likeness, name, voice, personal narrative, interviews or any other audio or video recording of my participation in the Boat Ride (collectively, ͞Likeness͟) for advertising, trade or other purposes, including, without limitation, the advertising or promotion of Anheuser-Busch’s beer and to use, or authorize the use of, such Likeness in any manner or medium (including, without limitation, print, television, radio, the Internet, etc.) at any time or times throughout the world in perpetuity without further compensation to me. I agree that all right, title and interest, including all rights in copyright, to all reproductions of my Likeness created by or on behalf of Anheuser-Busch (the ͞Results͟) are owned by Anheuser-Busch. I will not use the Results or authorize anyone else to use the Results without the express, prior written approval of Anheuser-Busch. I agrees to execute any additional documents proposed by Anheuser-Busch to effectuate and confirm Anheuser-Busch’s sole and exclusive ownership of all right, title and interest in and to the Results, including, without limitation, the copyright in and to the Results. I agree that the Results may be edited in the sole discretion of Anheuser-Busch or its agents, officers, employees, licensees and assigns. I consent to the use of my Likeness in connection with the Results, Anheuser-Busch’s use thereof and the promotion and advertising of Anheuser-Busch’s beer. I understand that Anheuser-Busch is not obligated to use the Results. I agree that no advertisement or other material containing my Likeness need be submitted to me for further approval. I fully and forever releases and covenants not to sue Anheuser-Busch, its parent, its subsidiary and affiliated companies and advertising agencies and any of their agents, officers, employees, licensees and assigns from and against all claims which I have or may have in the future for invasion of privacy, defamation, violation of rights of publicity, personal injury, property damage or any other claim arising out of production, distribution, broadcast, exhibition or other use of the Results or any portion thereof in any medium, including without limitation any liability for any claim of alteration, optical illusion, or faulty mechanical reproduction or any distortion or illusion occurring in the use of the Results.
12. All provisions under this Agreement shall be enforced pursuant to the laws of the State of Missouri. I agree that any dispute regarding the enforceability of this Agreement shall be filed in the federal or state courts within the Eastern District of Missouri, and shall not be transferred to any other state. 13. I hereby certify that I am twenty-one (21) years of age or older. I certify that I have read this document and agree with its contents.