Bounce Boat TOS
All trademarks and service marks are the property of, or licensed by, Bounce Media Group, Inc. or the indicated owner. All rights are reserved. Price: GA $79 VIP $149 plus credit card processing fee. See Section 25.291 PLEASE ARRIVE AT LEAST 45 MINUTES PRIOR TO THE SAILING TIME TO ASSURE BOARDING. 1 § 25.29. Unlawful charges in connection with Tickets. 1. No operator of any place of entertainment, or his or her agent, representative, employee or licensee shall, if a price be charged for admission thereto, exact, demand, accept or receive, directly or indirectly, any premium or price in excess of the established price plus lawful taxes whether designated as price, gratuity or otherwise; provided, however: (a) nothing in this article shall be construed to prohibit a reasonable service charge by the operator or agents of the operator for special services, including but not limited to, sales away from the box office, credit card sales or delivery; and (b) nothing in this article shall be construed to prohibit an operator or its agent from offering for initial sale Tickets by means of an auction. HF 9940120v.1 TERMS AND CONDITIONS Please arrive 45 minutes prior to the sailing time and bring this Ticket to exchange it for a Bounce Boat boarding pass. Late arrival may result in you forfeiting your right to board without refund or any exchange. Please make sure that you have everything you need before you board. This Ticket represents a limited, non-renewable, revocable license (the “License”) and is issued by Bounce Media Group, Inc. (“Bounce Boat”) to the owner of this ticket pursuant to certain terms and conditions, including those set forth below. Owner may receive a boarding pass to board the vessel for the cruise described on the face hereof. License is for the public passenger areas of the vessel during the specified cruise times. There is no guaranty of any specified seat unless otherwise agreed by owner and Bounce Boat. Bounce Boat will not delay the time for the departure of the cruise. The time for that the vessel will return to the dock is approximate. The License will be revoked, without refunding the established price or any service or other fees, and no boarding pass will be issued to any person that is under the age of 21, that attempts to bring on board any weapon, drugs or alcohol, who is under the influence of drugs or alcohol or is deemed by Bounce Boat or the crew to be disorderly, who uses abusive language or is a menace or interferes with any performance, member of the crew or passenger. Proper dress and compliance with Bounce Boat code of conduct and behavior is required. The captain of the vessel may order any violator be detained and remanded to the custody of the proper authorities. Participation on the cruise is subject to terms and conditions that are available from Bounce Boat at no charge. Any violation of the terms and conditions gives Bounce Boat the unrestricted right to revoke the License without notice or obligation to refund all or any of the established price or any service or additional fees. This Ticket may not be used for any advertising, promotion (including contests, giveaways or sweepstakes) or other commercial purposes, and no passenger may advertise or promote any product or service, in each case, without the prior express consent of Bounce Boat. Any such use is a violation of the License and the owner shall remain absolutely and unconditionally responsible for any violation of the License. Accordingly, the owner should control and supervise the use of this Ticket so that the License is not violated. The owner is absolutely responsible for any violation. Bounce Boat reserves the right to investigate violations or any alleged violations of the License. The failure of the owner or any person in possession of this Ticket to provide this Ticket upon request of any member of the crew or to fully cooperate in any such investigation is a violation of the License. NO PERSON ACQUIRES ANY RIGHTS TO ANY PERFORMANCE OR THE INTELLECTUAL PROPERTY OF ANY BOUNCE BOAT. BY USING THIS TICKET YOU AGREE TO NOT RECORD AND REPRODUCE (IN ANY MEDIA) ANY PERFORMANCE IN WHOLE OR IN PART AND THAT BOUNCE BOAT AND ITS LICENSEES HAVE THE UNRESTRICTED RIGHT AND LICENSE TO USE THE BEARER’S LIKENESS IN ANY BROADCAST, RECORDING, PHOTOGRAPH OR OTHER IMAGE TAKEN IN CONNECTION WITH THE CRUISE, IN WHOLE OR IN PART. This Ticket may only be transferred in accordance with applicable law. Any resale or attempted transfer of this Ticket in violation of applicable law revokes the License. HF 9940120v.1 REFUND POLICY. THIS TICKET HAS NO CASH VALUE. REFUNDS AVAIABLE TO EACH PERSON ENTITLED TO BOARD FOR EVENTS CANCELLED UPON PRESENTATION OF THIS TICKET to the office of Bounce Media Group, Inc. within ten days after the event date. Under no conditions will Bounce Boat be responsible to refund any service or other fee paid in excess of the established price. If the captain of the vessel determines that due to navigation hazards, or an act of GOD or other reason that the cruise may not be undertaken, then this Ticket will constitute a rain check that can either be (1) used for the rescheduled cruise, or (2) exchanged for credit for a subsequent cruise that sails within 12 months from the date of the cruise for which this Ticket is issued. Bounce Boat, in its sole discretion, will determine when an event is cancelled. See www.bounceboat.com for additional terms. MEDICAL WAIVER. The cruise takes the vessel off-shore and emergency medical attention may not be available on a timely basis. The captain or any member of the crew may order that first aid or emergency medical attention be provided to any passenger but has no obligation to do so except to the extent required under applicable law. Each person that boards the vessel agrees to hold any person that administers first aid or emergency medical attention on board the vessel shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person. SECURITY POLICY. ALL PERSONS SPECIFICALLY CONSENT TO THE AND SUBJECT TO METAL DETECTORS AND PHYSICAL PAT DOWN INSPECTIONS PRIOR TO BOARDING AND ANY PERSON OR PROPERTY THAT COULD AFFECT THE SAFETY AND WELFARE OF THE CREW OR PASSENGERS SHALL NOT BE PERMITTED TO BOARD AND THEIR LICENSE WILL BE REVOKED. Only soft-sided bags that are no larger than 16”X 16”X8” will be permitted on board. Briefcases, coolers and hard-sided bags / containers shall not be permitted on board. No items may be stored on board. Each person and their belongings are subject search. Bounce Boat may change its security policy at any time without prior notice. WARNING. FOLLOW ALL SAFETY REGULATIONS POSTED ON BOARD. SEE OUR WEBSITE FOR FULL TERMS AND CONDITIONS GENERAL INFORMATION. Bounce Boat may take appropriate action against any individual that violates the terms of this License. Bounce Boat does not make any representation or warranty regarding the vessel or the dock facilities, each of which will be used by the holder of this Ticket “AS IS”. The user of this Ticket and each person that board the vessel agrees that none of Bounce Boat and its respective agents, officers, employees, affiliates or owners shall be liable for any injuries or loss of personal property resulting from the use of the vessel or participation in the cruise. THE VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS LICENSE SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF NEW YORK, WTHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPALS THEREOF. THE EXCLUSIVE VENUE FOR ANY DISPUTES ARISING OUT OF THE LICENSE OR TICKET SHALL BE THE UNITED STATES DISCTICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR THE SUPREME COURT OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY (MANHATTAN). HF 9940120v.1 IN NO EVENT WILL BOUNCE BOAT BE LIABLE TO THE TICKET HOLDER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES EVEN IF BOUNCE BOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By using this Ticket you agree to the terms and conditions posted on our website.