Please read and sign the following liability release before your tour.
Legal Document
Turnip Rock Adventures LLC & M&D Marine Enterprises Inc. — Port Austin, Michigan
Operated by Captain Mike McLane & Captain Michael Anderson, USCG Licensed
PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS. THIS IS A LEGALLY BINDING CONTRACT.
This Release of Liability and Waiver of Claims ("Agreement") is entered into between the undersigned participant ("Participant," "I," "me," or "my") and Turnip Rock Adventures LLC and M&D Marine Enterprises Inc., their owners, Captain Mike McLane and Captain Michael Anderson, crew members, agents, employees, volunteers, successors, and assigns (collectively referred to as "the Companies"). This Agreement applies to all guided boat tours departing from or operated in the waters of Lake Huron and surrounding waterways near Port Austin, Michigan.
I understand and acknowledge that guided boat tours on Lake Huron are outdoor, water-based recreational activities that involve inherent risks and hazards, some of which cannot be eliminated or reduced without destroying the nature of the activity. These risks include, but are not limited to:
I freely and voluntarily accept and assume all such risks, both known and unknown, associated with my participation in the tour.
I expressly acknowledge that I am voluntarily choosing to participate in a guided boat tour with full knowledge of the risks described above and any other risks that may exist. I understand that Turnip Rock Adventures has made efforts to conduct tours safely and in compliance with all applicable federal, state, and local regulations, including USCG requirements. However, I accept that no amount of precaution can eliminate all risk inherent in water-based activities on the Great Lakes. I WILLINGLY ASSUME ALL RISKS, whether known or unknown, foreseen or unforeseen, that are associated with my participation.
I certify and represent that:
In the event that I am incapacitated or otherwise unable to provide consent, I hereby authorize Turnip Rock Adventures and/or the Captain or crew to call for emergency medical services on my behalf and to provide basic first aid as reasonably practicable. I acknowledge that Turnip Rock Adventures is not a medical facility and cannot guarantee the availability or timeliness of emergency medical response in the waters around Port Austin, Michigan. I agree to be solely responsible for all costs associated with any emergency medical care I receive, including but not limited to ambulance services, hospitalization, and follow-up treatment.
I agree to comply with all safety rules, instructions, and directions issued by the Captain and any crew member at all times. Specifically, I agree to:
I understand that failure to comply with any of the above rules may result in my immediate removal from the vessel at the nearest safe location, forfeiture of any fees paid, and potential civil or criminal liability for any harm caused by my non-compliance.
I understand and agree that the Captain of the vessel holds ultimate authority over all decisions related to the safety and operation of the tour, including but not limited to decisions to alter the tour route, return to port, cancel the tour due to weather or mechanical issues, or remove a passenger from the vessel. The Captain's decisions on all such matters are final and binding. I agree not to interfere with, argue against, or attempt to override the Captain's authority in any situation. Turnip Rock Adventures reserves the right to refuse service to any individual, at its sole discretion, for any reason related to safety.
Turnip Rock Adventures will provide a USCG-approved Type II or Type III personal flotation device (PFD) for every passenger at no charge. Life jackets are available to all guests and wearing one is encouraged throughout the tour. Children under 6 years old are required by Turnip Rock Adventures policy to wear a properly fitted life jacket at all times from boarding to disembarking. I acknowledge that the proper use of a life jacket significantly reduces — but does not eliminate — the risk of drowning in the event of falling overboard.
I understand that Lake Huron weather conditions can change rapidly and unpredictably. Turnip Rock Adventures reserves the right to cancel, delay, or modify any scheduled tour at any time if your Captain determines that conditions are unsafe for departure or continued operation. Such conditions may include high winds, thunderstorms, fog, rough water, or any other environmental or mechanical factor. In the event of a Captain-initiated cancellation, I will receive a full refund of all fees paid. I understand that guest-initiated cancellations made less than 48 hours before departure are non-refundable. I agree that I will not hold Turnip Rock Adventures liable for any additional expenses I may have incurred, including travel, lodging, or meals, in connection with a cancelled tour.
IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE TOUR, I, on behalf of myself, my heirs, personal representatives, assigns, and anyone else claiming through or under me, HEREBY FULLY AND FOREVER RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS Turnip Rock Adventures LLC, M&D Marine Enterprises Inc., Captain Mike McLane, Captain Michael Anderson, their crew, employees, agents, officers, successors, and assigns (collectively "Released Parties") from any and all claims, demands, losses, causes of action, suits, and proceedings of any kind or nature whatsoever, whether known or unknown, arising out of or in connection with my participation in the tour, including any claims arising from the negligence of the Released Parties. This release includes, without limitation, claims for personal injury, illness, wrongful death, property damage, and all other losses or damages of any nature. Neither Turnip Rock Adventures LLC nor M&D Marine Enterprises Inc. shall be held liable for any accidents, injuries, property damage, or other losses occurring before, during, or after the tour.
I understand that this release does not apply to instances of gross negligence or willful misconduct on the part of the Released Parties.
I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS Turnip Rock Adventures LLC, M&D Marine Enterprises Inc., and all Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) brought by me, or on my behalf, or by any third party arising out of or relating to: (a) my participation in the tour; (b) my breach of this Agreement; (c) any injury or damage caused by my actions or omissions, including but not limited to non-compliance with safety rules; or (d) any claim made by a minor for whom I have provided consent to participate.
I agree to be responsible for any damage I cause to the vessel, equipment, or property of Turnip Rock Adventures through negligence, misuse, or intentional misconduct. I further agree to comply with all federal, state, and local environmental regulations while on the water, including the prohibition of littering, dumping, or disturbing wildlife. I understand that Lake Huron is a Great Lake and a protected natural resource, and I will conduct myself accordingly. Any intentional damage to the Turnip Rock formation, surrounding shoreline, or wildlife may constitute a criminal offense under Michigan and federal law.
I consent to the photographing and/or video recording of me and members of my party during the tour by Turnip Rock Adventures for use in promotional, educational, and marketing materials, including but not limited to the company website, social media platforms, and printed materials, without further compensation. I waive any right to review or approve the final product. If I do not consent to being photographed for promotional purposes, I agree to inform Captain Anderson in writing before the tour departs. I retain the right to take my own photographs and videos for personal, non-commercial use. All drone operation is subject to prior Captain approval and must comply with FAA regulations.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Huron County, Michigan, and I hereby consent to the personal jurisdiction of those courts. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, understandings, and agreements. I confirm that I have had the opportunity to read this Agreement in full, ask questions, and seek independent legal counsel before signing.
Turnip Rock Adventures LLC & M&D Marine Enterprises Inc. • Port Austin, MI