Pride Afloat: Mission Bay Social Cruise

PRIDE AFLOAT: MISSION BAY SOCIAL CRUISE

Terms & Conditions, Guest Conduct Policy, Waiver, Release of Liability, Assumption of Risk Agreement, BYOB Policy, and Water Activity Acknowledgment

Operator: Keener Adventures LLC

Location: Mission Bay, San Diego, California

Activity Type: Recreational Boating, Social Event, Swimming, and Water Recreation

IMPORTANT LEGAL NOTICE

THIS DOCUMENT CONTAINS IMPORTANT LEGAL RIGHTS AND OBLIGATIONS.

BY PURCHASING A TICKET, COMPLETING AN ONLINE RESERVATION, CHECKING THE ACCEPTANCE BOX DURING PURCHASE, CHECKING IN FOR THE ACTIVITY, BOARDING THE VESSEL, OR PARTICIPATING IN ANY PORTION OF THIS EVENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO BE BOUND BY ALL TERMS, CONDITIONS, POLICIES, WAIVERS, RELEASES, AND SAFETY REQUIREMENTS CONTAINED HEREIN.

YOU UNDERSTAND THAT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN CLAIMS AGAINST KEENER ADVENTURES LLC AND RELATED PARTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. EVENT DESCRIPTION

Pride Afloat: Mission Bay Social Cruise is a private LGBTQ+ social boating event operated by Keener Adventures LLC on the waters of Mission Bay in San Diego, California.

The activity may include:

• Recreational boating
• Anchoring in designated areas
• Swimming
• Use of floating lily pads and water recreation equipment
• Music and entertainment
• Social interaction among guests
• Pride-themed activities
• Alcohol consumption by guests who choose to participate under the BYOB policy

Participation is voluntary and undertaken at each guest's own risk.

2. TICKET HOLDER VERIFICATION

For security, safety, and fraud prevention purposes:

• All guests must check in before boarding.
• A valid government-issued photo identification is required.
• The name on the identification must match the name associated with the ticket or reservation.
• Guests may be denied boarding if identification cannot be provided or does not match the reservation.
• Keener Adventures LLC reserves the right to verify guest identity at any time.

Failure to comply may result in denial of boarding without refund.

3. LGBTQ+ COMMUNITY EVENT POLICY

Pride Afloat is intended to provide a welcoming, inclusive, safe, and respectful environment for LGBTQ+ individuals, allies, friends, and supporters.

All guests are expected to conduct themselves in a manner that promotes:

• Mutual respect
• Inclusivity
• Personal safety
• Community support
• Positive social interaction

The following behaviors are strictly prohibited:

• Harassment
• Bullying
• Discrimination
• Hate speech
• Intimidation
• Threats
• Physical violence
• Unwanted physical contact
• Repeated disruptive conduct
• Behavior that creates an unsafe environment

Guests who engage in prohibited conduct may be immediately removed from participation without refund.

4. GUEST REMOVAL AND FINANCIAL RESPONSIBILITY

Any guest removed from the activity due to misconduct, policy violations, intoxication, illegal activity, safety concerns, or failure to follow crew instructions may be subject to:

• Immediate removal from the vessel
• Permanent exclusion from future Keener Adventures events
• No refund of any kind
• Liability for any resulting damages or losses

Guests may be held financially responsible for:

• Professional cleaning fees
• Vessel repairs
• Marina or docking fees
• Equipment replacement costs
• Damage caused by alcohol-related incidents
• Damage caused by negligent behavior
• Administrative expenses
• Compensation provided to other guests
• Emergency response costs
• Revenue losses caused by interruption or cancellation of the activity

Keener Adventures LLC reserves the right to pursue recovery of all damages and expenses permitted under applicable law.

5. BYOB (BRING YOUR OWN BEVERAGE) POLICY

Personal Responsibility

This event is BYOB-friendly.

Keener Adventures LLC does not provide, furnish, serve, distribute, or sell alcoholic beverages.

Guests choosing to bring alcohol do so solely at their own risk and responsibility.

• Alcohol Requirements
• Guests must be 21 years of age or older to possess or consume alcohol.
• Valid identification may be required at any time.
• Guests are solely responsible for the alcoholic beverages they bring onboard.
• Alcohol must comply with all federal, state, and local laws.

The following are prohibited:

• Providing alcohol to persons under 21 years of age.
• Excessive intoxication.
• Disorderly conduct.
• Aggressive behavior.
• Unsafe behavior.
• Drinking games deemed unsafe by the captain or crew.
• Conduct that interferes with vessel operations or passenger safety.
• Excessive Intoxication

The captain and crew may determine, in their sole discretion, whether a guest appears intoxicated.

Guests may:

• Be denied boarding.
• Be restricted from consuming additional alcohol.
• Be prohibited from entering the water.
• Be removed from participation.
• Cause the activity to be terminated when safety concerns exist.

No refunds shall be issued due to intoxication-related removal.

Any damage, cleaning costs, or operational expenses resulting from intoxication shall be the financial responsibility of the involved guest.

6. ZERO TOLERANCE DRUG POLICY

Keener Adventures LLC maintains a strict Zero Tolerance Drug Policy.

The possession, use, sale, transportation, sharing, transfer, or distribution of illegal drugs or controlled substances is strictly prohibited onboard.

This policy applies regardless of quantity.

Keener Adventures LLC supports and complies with applicable United States Coast Guard regulations and safety policies regarding drugs and vessel operations.

All captains, crew members, contractors, and staff participating in vessel operations are expected to comply with all applicable drug and alcohol safety requirements.

If illegal drugs are discovered onboard:

• The activity may be immediately terminated.
• No refunds shall be issued.
• Responsible guests may be removed.
• Local law enforcement may be contacted.
• Harbor Police may be contacted.
• The United States Coast Guard may be notified when appropriate.
• Additional damages and expenses may be assessed against responsible parties.

7. LAW ENFORCEMENT NOTIFICATION

Guests acknowledge that Keener Adventures LLC reserves the right to contact:

• San Diego Harbor Police
• San Diego Police Department
• San Diego County Sheriff's Department
• United States Coast Guard
• Emergency Medical Services
• Other governmental authorities

when deemed necessary for safety, security, law enforcement, medical emergencies, or criminal investigations.

8. SWIMMING AND WATER ACTIVITY ACKNOWLEDGMENT

This activity may include opportunities for guests to:

• Swim
• Float
• Use lily pads and floating equipment
• Enter and exit the vessel from the water

Guests expressly acknowledge:

• No lifeguards are provided.
• Swimming is entirely voluntary.
• Open-water conditions may vary.
• Water depth may vary.
• Water recreation activities contain inherent risks.

Guests are solely responsible for their own swimming abilities and personal safety.

Guests who are not confident swimmers should not enter the water.

The captain may prohibit any individual from entering the water for safety reasons.

9. EXPRESS ASSUMPTION OF RISK AGREEMENT

The Guest understands and acknowledges that boating, swimming, water recreation, social events, alcohol consumption, and participation in marine activities involve inherent risks.

These risks include but are not limited to:

• Slips and falls
• Vessel movement
• Weather conditions
• Wave action
• Water-related accidents
• Drowning
• Equipment failure
• Injuries caused by other participants
• Property damage
• Serious bodily injury
• Disability
• Death

The Guest voluntarily chooses to participate and knowingly assumes all known and unknown risks associated with participation.

10. LIABILITY WAIVER AND RELEASE OF CLAIMS

To the fullest extent permitted by law, the Guest releases and discharges Keener Adventures LLC and its owners, officers, members, employees, captains, crew members, volunteers, agents, contractors, partners, vessel operators, vessel owners, marina operators, sponsors, and affiliates from any and all claims arising from participation in this activity.

This release applies to claims involving:

• Personal injury
• Property damage
• Illness
• Alcohol-related incidents
• Water activities
• Swimming
• Vessel operations
• Transportation
• Emotional distress
• Disability
• Wrongful death

This release is intended to be interpreted as broadly as permitted by law.

11. MEDICAL TREATMENT AUTHORIZATION

In the event of illness, injury, incapacitation, or emergency, the Guest authorizes Keener Adventures LLC, vessel personnel, emergency responders, and healthcare providers to obtain or arrange emergency medical treatment.

The Guest understands:

• Medical care may not be immediately available.
• Emergency response may be delayed.
• All associated medical expenses remain the responsibility of the Guest.

The Guest releases Keener Adventures LLC from claims relating to emergency treatment decisions made in good faith.

12. PHOTOGRAPHY, VIDEO, AND MEDIA RELEASE

Guests acknowledge that photography, audio recordings, video recordings, livestreams, drone footage, and other media may be captured during the event.

By participating, Guests grant Keener Adventures LLC the unrestricted right to:

• Photograph them
• Record their voice
• Capture their image and likeness
• Publish and use such content for:
• Marketing
• Advertising
• Social media
• Websites
• Promotional materials
• Public relations efforts

without compensation.

Guests waive any right to approval, inspection, ownership, royalties, or compensation associated with such materials.

13. CAPTAIN'S AUTHORITY

The captain retains absolute authority regarding vessel operations and passenger safety.

The captain may:

• Refuse boarding
• Modify the itinerary
• Cancel water activities
• Restrict participation
• End the trip early
• Return to port
• Remove guests

All captain decisions regarding safety shall be final.

Failure to comply with instructions may result in removal without refund.

14. DAMAGES, CLEANING FEES, AND COMPENSATION

Guests are responsible for all damage caused by their actions.

This includes but is not limited to:

• Upholstery stains
• Alcohol-related damage
• Vomit cleanup
• Equipment damage
• Vessel damage
• Dock damage
• Floating equipment damage
• Excess cleaning costs

Guests may additionally be charged for:

• Guest compensation issued to affected passengers
• Administrative costs
• Lost revenue
• Legal expenses to the extent permitted by law

15. MARITIME AND ADMIRALTY LAW

The Guest acknowledges that this activity occurs aboard a vessel operating on navigable waters.

To the extent applicable and permitted by law:

• Federal maritime and admiralty law shall govern vessel-related claims.
• California law shall apply where not preempted by federal law.
• Venue for disputes shall be San Diego County, California unless otherwise required by law.

16. ELECTRONIC CONSENT AND CLICK-WRAP AGREEMENT

For online purchases, reservations, and registrations:

• Checking an acceptance box,
• Clicking a purchase button,
• Submitting a reservation,
• Completing checkout,
• Using an electronic signature,

constitutes the Guest's legal electronic signature and acceptance of these Terms and Conditions.

Electronic acceptance shall have the same legal force and effect as a handwritten signature.

Electronic transaction records maintained by Keener Adventures LLC shall be admissible as evidence of acceptance.

17. SEVERABILITY

If any provision of this agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

18. CALIFORNIA LEGAL REVIEW NOTICE

These Terms & Conditions are intended to establish guest expectations, operating procedures, safety requirements, and participation standards.

Because this activity occurs in California and includes recreational boating, water activities, alcohol-related policies, and vessel operations, Keener Adventures LLC recommends legal review by a licensed California attorney familiar with recreational activities, maritime law, and passenger vessel operations.

Keener Adventures LLC reserves the right to amend these Terms & Conditions at any time to comply with applicable laws, regulations, insurance requirements, vessel operator requirements, marina rules, or legal guidance.

ACKNOWLEDGEMENT OF AGREEMENT

BY PURCHASING A TICKET, CHECKING THE ACCEPTANCE BOX, REGISTERING FOR THE EVENT, CHECKING IN, BOARDING THE VESSEL, OR PARTICIPATING IN ANY PORTION OF THE ACTIVITY, THE GUEST ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS, POLICIES, WAIVERS, RELEASES, SAFETY REQUIREMENTS, AND CONDITIONS CONTAINED IN THIS DOCUMENT.

THE GUEST FURTHER ACKNOWLEDGES THAT THEY ARE ASSUMING CERTAIN RISKS ASSOCIATED WITH BOATING, SWIMMING, WATER ACTIVITIES, AND ALCOHOL CONSUMPTION, AND THAT THEY MAY BE WAIVING CERTAIN LEGAL RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW.

Keener Adventures LLC

Pride Afloat: Mission Bay Social Cruise

San Diego, California