Liability Waiver & Release

This Waiver, Release, and Assumption of Inherent Risk (the “Agreement”) is made between the undersigned guest (“Guest,” “I,” or “me”) and Whitefish Lake Yacht Company LLC, a Montana limited liability company doing business as The Empress, together with its owner, members, captain, crew, agents, and representatives (collectively, the “Provider”), in connection with a private recreational boating charter aboard the vessel known as The Empress on Whitefish Lake, Montana (the “Activity”), including boarding and leaving the vessel, time at or on the dock, and any related activity on or about the premises.

1.Recreational Opportunity and Assumption of Inherent Risk

I understand that recreational boating is a “sport or recreational opportunity” under Montana law, and that it involves inherent risks: dangers or conditions that are characteristic of, intrinsic to, or an integral part of being on a boat and on the water, and that cannot be eliminated by reasonable care. I voluntarily accept and assume all such inherent risks, whether known or unknown. These include, but are not limited to:

• Slipping, tripping, or falling while boarding, moving about, or leaving the vessel;

• Falling overboard, immersion in cold water, hypothermia, and drowning;

• Collision, capsizing, fire, mechanical events, or sudden movement of the vessel;

• Changing and unpredictable weather, wind, waves, wake, and water conditions;

• Sunburn, dehydration, seasickness, and the effects of sun, heat, or cold;

• The conduct of other guests, other vessels, and other persons on the water;

• Remoteness from immediate medical care and delays in emergency response.

I understand the Provider is not required to eliminate, alter, or control these inherent risks, and that I am legally responsible for injury, death, or property damage that results from them.

REQUIRED NOTICE UNDER MONTANA LAW

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

2.Release and Waiver

To the fullest extent permitted by Montana law, and in compliance with Montana Code Annotated 27-1-753, I release, waive, and discharge the Provider from claims for damages or injuries resulting from risks inherent in the Activity and from the Provider’s ordinary negligence. This release does not apply to gross negligence, willful or wanton misconduct, or any liability that cannot be released as a matter of law.

3.Indemnification

To the fullest extent permitted by law, I agree to indemnify, defend, and hold the Provider harmless from any loss, liability, claim, or expense, including reasonable attorney fees, arising out of my own acts or omissions, or those of any minor or guest for whom I am responsible, except to the extent caused by the Provider’s gross negligence or willful misconduct. The Provider shall have the right to control the defense of any such claim.

4.Alcohol Acknowledgment

I understand guests may bring their own wine, champagne, or beer aboard, and that the Provider does not sell or serve alcohol. I agree that:

• All guests consuming alcohol are of legal drinking age (21 or older) and will show identification on request;

• Consumption is at the captain’s discretion, and the captain may limit or stop it and may end the cruise without refund for intoxicated or unsafe behavior;

• I accept full responsibility for my own consumption and its consequences, and will not board or remain aboard if I am impaired to the point of risk to myself or others.

5.Rules and Captain’s Authority

I agree to follow all instructions of the captain and crew at all times. The captain has sole authority over the vessel and may alter, shorten, delay, or cancel the cruise for safety, weather, or any condition the captain judges unsafe. I agree to wear a personal flotation device when asked, to remain seated when underway if directed, and not to enter the water unless expressly permitted.

6.Medical Fitness and Emergency Care

I confirm that I am physically able to participate, or that I accept the risks of doing so, and that I have disclosed any condition that may affect my safety. In an emergency, I authorize the Provider to arrange medical care on my behalf, and I accept responsibility for the cost of that care.

7.Guests Under 18

If any guest in my party is under 18, I confirm that I am the parent or legal guardian, or am authorized to act on their behalf, and I accept and agree to every term of this Agreement on their behalf, including the assumption of inherent risk, release, and indemnification above.

8.Personal Property

The Provider is not responsible for loss of or damage to guests’ personal property brought aboard, including phones, cameras, clothing, and other belongings.

9.Photography and Media

From time to time the Provider photographs cruises. By initialing here, I consent to the Provider’s use of images or video in which I appear for its marketing, without compensation. If I do not wish to consent, I will leave this blank and tell the captain. Initials: ____

10.Weather and Cancellation

I understand the Provider does not operate in rain or unsafe weather. If the Provider cancels for weather or safety, I may reschedule or receive a full refund. Guest cancellations are final sale and are not refundable.

11.Electronic Signature

I agree that this Agreement may be signed electronically, and that an electronic signature has the same legal force and effect as a handwritten signature under the Montana Uniform Electronic Transactions Act.

12.Governing Law and Severability

This Agreement is governed by the laws of the State of Montana, and any dispute will be brought in the state or federal courts located in Flathead County, Montana. If any part of this Agreement is found unenforceable, the remaining parts stay in full force.

13.Acknowledgment

I have read this Agreement, I have had the opportunity to ask questions, I understand it is a release of legal rights, and I sign it freely and voluntarily. I am at least 18 years old, or I am signing as the parent or guardian of a minor guest.