Legal Policy

LEGAL TERMS, ASSUMPTION OF RISK, LIABILITY WAIVER, AND CONDITIONS OF SALE

IMPORTANT – LEGALLY BINDING AGREEMENT

By placing an order, purchasing, receiving, or using any product sold by BoatsToGo, Inc. (“Company”), you (“Customer”) agree to all terms below. If you do not agree, do not purchase or use any product.

ASSUMPTION OF RISK

Customer understands that boating, water activities, and use of inflatable watercraft involve inherent risks that may result in serious injury, death, or property damage. These risks include, but are not limited to:

• equipment failure or defects
• capsizing, instability, or loss of buoyancy
• drowning or water-related injury
• collisions with vessels, objects, or terrain
• weather, currents, and environmental conditions
• improper assembly, inflation, or maintenance
• operator error or misuse

Customer voluntarily assumes all risks, known and unknown, associated with the use of Company products.

INFLATABLE PRODUCT RISKS AND PUNCTURE WARNING

Inflatable watercraft and related inflatable products are not rigid structures and are inherently subject to punctures, cuts, abrasions, seam failure, valve failure, or other forms of damage during normal use or due to contact with sharp objects, debris, marine life, environmental conditions, transportation, or improper handling.

Such damage may result in partial or complete loss of air pressure and buoyancy. Loss of air may occur gradually or suddenly, without warning.

Loss of buoyancy can lead to instability, capsizing, or sinking of the watercraft, which may result in serious injury or death, including drowning.

Customer acknowledges and understands that:

• inflatable products are inherently vulnerable to punctures and air loss
• no inflatable product is fail-safe, airtight, or unsinkable
• safe operation requires constant monitoring of air pressure, surroundings, and water conditions

Customer further acknowledges that these risks are inherent to inflatable products and may occur even when the product is properly manufactured and used as intended.

By purchasing and using these products, customer voluntarily assumes all risks associated with punctures, air loss, loss of buoyancy, capsizing, sinking, and any resulting injury, damage, or death.

Customer is solely responsible for using appropriate safety equipment, including but not limited to personal flotation devices (life jackets), and for complying with all applicable boating safety laws and regulations.

NO SAFETY GUARANTEE

Products sold by Company are not safety devices and do not guarantee protection from injury or death.

Customer is solely responsible for:

• use of U.S. Coast Guard–approved life jackets
• compliance with all applicable laws and safety regulations
• proper operation, inspection, and maintenance

PRODUCT USE AND RESPONSIBILITY

Customer agrees that safe use of the product is entirely their responsibility.

Customer shall:

• inspect product prior to each use
• properly assemble and inflate according to instructions
• not exceed weight or capacity limits
• use appropriate safety equipment
• operate product in a safe and lawful manner

Company is not responsible for improper use, misuse, or failure to follow instructions.

PRODUCT INSPECTION AND ACCEPTANCE

Customer must inspect all products immediately upon receipt.

Any damage, defects, or discrepancies must be reported prior to use and in accordance with Company policies.

Use of the product constitutes full acceptance of the product in its delivered condition.

Failure to inspect and report issues prior to use waives any claims related to shipping damage or visible defects.

RELEASE OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER RELEASES AND AGREES NOT TO HOLD COMPANY LIABLE FOR ANY CLAIMS, DAMAGES, INJURIES, OR DEATH ARISING FROM:

• purchase, delivery, or use of products
• operation, misuse, or transportation
• failure to follow safety instructions

INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE.

This release does not apply to gross negligence or willful misconduct where prohibited by law.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Company shall not be liable for any indirect, incidental, consequential, or punitive damages
• Company shall not be liable for loss of profits, business interruption, or loss of use
• Total liability, if any, shall not exceed the purchase price of the product

INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Company from any claims, damages, losses, or expenses (including attorneys’ fees) arising from:

• use or misuse of the product
• injury to Customer or third parties
• violation of laws or safety requirements
• claims brought by third parties

MODIFICATIONS AND ALTERATIONS

Any modification, alteration, or use of non-approved accessories voids any warranties and releases Company from all liability.

Customer assumes all risks associated with modified or improperly used products.

SHIPPING AND THIRD-PARTY CARRIERS

Company is not responsible for delays, loss, or damage caused by third-party carriers, including FedEx or freight companies.

All shipping-related claims must follow Company shipping policies and carrier procedures.

NO RELIANCE

Customer acknowledges that they have not relied on any representations, statements, or warranties other than those expressly stated in Company policies.

Product descriptions, specifications, and images are provided for general informational purposes and may vary.

WARRANTY DISCLAIMER

All products are subject only to the limited warranty published on Company website.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• All other warranties are disclaimed
• Including implied warranties of merchantability and fitness for a particular purpose

CLASS ACTION WAIVER

Customer agrees that any dispute shall be resolved individually and waives the right to participate in any class action or representative proceeding.

ARBITRATION

Any dispute, claim, or controversy shall be resolved exclusively through binding arbitration in Miami-Dade County, Florida, in accordance with the rules of the American Arbitration Association.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

VENUE AND JURISDICTION

To the fullest extent permitted by law, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.

Customer waives any objection to jurisdiction or venue.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Florida.

ATTORNEY FEES

In any dispute, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

SURVIVAL

All provisions relating to liability, indemnification, arbitration, and limitation of liability shall survive purchase and use of the product.

PRODUCT SPECIFICATIONS

Company reserves the right to change product specifications, materials, or design without notice.

Company is not responsible for typographical errors or inaccuracies.

CUSTOMER ACKNOWLEDGMENT

Customer confirms that they:

• Have read and understood this Agreement.
• Understand they are waiving significant legal rights.
• Voluntarily accept all terms.