LEGAL

Website & Social Media Terms of Use

All content published by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company, including photographs, videos, text, logos, and branding, is the exclusive property of the Company unless otherwise stated. Unauthorized reproduction, distribution, or commercial use of any content is prohibited without prior written consent.

By accessing this website, viewing our photo gallery, or engaging with our social media platforms (including Instagram, Facebook, and YouTube), you agree to these Terms of Use.

Guests who participate in our tours or appear in any photographs or videos captured by our crew grant Johnny’s Boats or Gina’s @ Johnny’s Boats and Company permission to use their image, likeness, and presence for marketing, promotional, and commercial purposes across digital and print platforms, without compensation. Guests who wish to opt out must notify us in writing prior to departure. While reasonable efforts will be made, complete exclusion cannot be guaranteed in group settings.

If you tag, mention, comment on, or submit content to our platforms, you grant us the right to repost or share such content with or without attribution. You confirm that you own the rights to the content and have obtained permission from any identifiable individuals.

Information shared on this website and our social media platforms is for informational and promotional purposes only. Tour details, schedules, environmental conditions, and experiences may vary and are not guaranteed.

Johnny’s Boats or Gina’s @ Johnny’s Boats and Company reserves the right to modify or remove content, restrict access, and update these Terms at any time without prior notice. Continued use of our platforms constitutes acceptance of these Terms.

These Terms are governed by the laws of the Commonwealth of Puerto Rico.
For questions or content-related requests, contact Johnnysboatspr@gmail.com.

1. Acceptance of Terms

By accessing or using this website, our social media pages, or any content published by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company (“the Company”), you agree to be bound by these Terms of Use. If you do not agree, please do not use our platforms.

These Terms apply to:

Our website and photo gallery
Instagram, Facebook, YouTube, and other social media platforms
Any content shared, reposted, or embedded from our accounts

2. Intellectual Property & Content Ownership

All content published by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company, including but not limited to photographs, videos, text, logos, graphics, and branding, is the exclusive property of the Company unless otherwise stated.

Content may not be copied, reproduced, distributed, modified, or used for commercial purposes without prior written permission.
Personal sharing (tagging, reposting with credit) is permitted unless explicitly restricted.
Unauthorized commercial use may result in legal action.

3. Guest Photography & Media Release

By participating in our tours or appearing in any content captured by our crew:

You grant Johnny’s Boats or Gina’s @ Johnny’s Boats and Company the right to use your image, likeness, voice, and presence in photographs and videos for marketing, promotional, and commercial purposes.
This includes use on our website, social media, advertising, and third-party platforms.
No compensation is provided for such use.

Guests who wish to opt out must notify us in writing prior to departure. Reasonable efforts will be made to accommodate requests; however, complete exclusion cannot be guaranteed in group settings.

4. User-Generated Content & Tagging

If you tag, mention, comment on, or submit content to Johnny’s Boats or Gina’s @ Johnny’s Boats and Company:

You grant us permission to repost, share, or feature that content with or without attribution.
You confirm that you own the rights to the content and have permission from any identifiable individuals.

We reserve the right to remove or decline content that is misleading, inappropriate, defamatory, or misrepresents our services.

5. Accuracy of Information

While we strive to ensure all information is accurate and up to date:

Tour descriptions, schedules, and experiences are subject to change.
Bioluminescent intensity, weather conditions, and environmental factors are not guaranteed.
Content shared on social media is for informational and promotional purposes only.

6. Prohibited Use

You agree not to:

Misuse, scrape, or exploit website or social media content
Post false or defamatory statements
Impersonate our brand, crew, or representatives
Use our content in a misleading or deceptive manner

7. External Platforms & Third-Party Links

Our website and social media pages may link to or embed third-party platforms (including YouTube, Instagram, Facebook, and booking systems).

The Company is not responsible for:

Third-party terms, policies, or content
Platform outages or restrictions
User interactions occurring outside Company-controlled platforms

8. Limitation of Liability

Johnny’s Boats or Gina’s @ Johnny’s Boats and Company shall not be liable for:

Errors or omissions in content
Loss or damage resulting from reliance on posted information
Technical interruptions or platform-related issues
User misuse of content

Use of our platforms is at your own risk.

9. Right to Modify or Remove Content

We reserve the right to:

Modify, update, or remove content at any time
Restrict or block users for violations of these Terms
Update these Terms without prior notice

Continued use of our platforms constitutes acceptance of any changes.

10. Governing Law & Jurisdiction

These Terms shall be governed by and interpreted under the laws of the Commonwealth of Puerto Rico, without regard to conflict of law principles. Any disputes shall be resolved exclusively within the courts of Puerto Rico.

11. Contact Information

For questions regarding these Terms or requests related to content usage, please contact:

Johnny’s Boats or Gina’s @ Johnny’s Boats and Company
📧 Johnnysboatspr@gmail.com

Participant Liability Waiver & Release of Claims

Johnny’s Boats or Gina’s @ Johnny’s Boats and Company
(“the Company”)

1. Acknowledgment of Risk

I acknowledge that participation in boat tours and related activities operated by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company involves inherent risks, including but not limited to:

Travel by vessel on open water
Swimming in natural marine environments
Limited visibility during nighttime operations
Slippery surfaces, ladders, docks, and decks
Weather changes, waves, currents, and marine life
Physical exertion and environmental exposure

I understand that these risks exist even when safety precautions are taken and that participation is voluntary.

2. Bioluminescence Disclosure

I understand that bioluminescence is a natural phenomenon. While the bay glows nightly, glow intensity is not guaranteed and varies based on environmental factors including moonlight, temperature, rainfall, and weather conditions. No refunds or claims may be made based on glow visibility or intensity.

3. Swimming Participation (If Applicable)

I understand that swimming during Bio Bay tours is optional and subject to crew approval.

By choosing to swim, I certify that:

I am a competent swimmer
I am in adequate physical condition
I do not suffer from medical conditions that would impair my ability to swim safely

I understand:

There is no lifeguard on duty
Swimming occurs in open water at night
I must follow all crew instructions
The Company reserves the right to deny swimming to any participant for safety reasons

4. Medical Condition Disclosure

I certify that I am physically and medically fit to participate and that I have disclosed any relevant medical conditions to the Company prior to departure. I accept full responsibility for any pre-existing condition aggravated during the tour.

5. Assumption of Responsibility

I voluntarily assume all risks associated with participation, whether foreseen or unforeseen, and accept full responsibility for my actions and safety during the tour.

6. Release of Liability

I hereby release, waive, discharge, and hold harmless Johnny’s Boats or Gina’s @ Johnny’s Boats and Company, its owners, captains, crew members, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action arising from injury, illness, death, loss, or damage, whether caused by negligence or otherwise, to the fullest extent permitted by law.

7. Indemnification

I agree to indemnify and hold harmless the Company from any claims, damages, or liabilities arising from my participation or actions during the tour.

8. Personal Property

I understand that the Company is not responsible for lost, stolen, or damaged personal property, including electronics, clothing, or valuables.

9. Compliance & Conduct

I agree to follow all safety instructions and acknowledge that failure to comply may result in removal from the tour without refund. The captain’s authority is final.

10. Minors

I certify that I am the parent or legal guardian of any minor participant and consent to their participation under the same terms of this waiver.

11. Media Release

I grant the Company permission to use photographs and video recordings taken during the tour for marketing and promotional purposes without compensation. Requests to opt out must be submitted in writing prior to departure.

12. Force Majeure

I understand tours may be modified, delayed, or canceled due to weather, mechanical issues, or circumstances beyond the Company’s control.

13. Governing Law

This agreement shall be governed by the laws of the Commonwealth of Puerto Rico, and any disputes shall be resolved exclusively in Puerto Rico courts.

14. Electronic Acceptance

I understand that my electronic acknowledgment constitutes a legally binding signature. By booking or participating, I confirm I have read, understood, and agreed to this waiver.

Participant Name: __________________________

Signature: ________________________________

Date: ___________________

Swimming Activity Addendum

This addendum applies only to participants who choose to swim during Bio Bay tours operated by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company (“the Company”).

1. Voluntary Participation

I acknowledge that swimming is voluntary and not required to participate in the tour. I understand that I may enjoy the experience from the vessel without entering the water.

2. Swimming Ability & Fitness

By choosing to swim, I certify that:

I am a capable and confident swimmer
I am in good physical condition
I am not under the influence of alcohol or drugs
I have no medical condition that would impair my ability to swim safely

3. Open-Water & Night Conditions

I understand that swimming takes place:

In open water
At night
With limited visibility
In the presence of natural marine life and currents

I acknowledge that these conditions increase inherent risk.

4. No Lifeguard & Crew Authority

I understand:

There is no lifeguard on duty
Crew members are not personal swimming attendants
I must follow all crew instructions at all times

The captain and crew reserve the right to deny or end swimming participation for safety reasons without refund.

5. Media Capture During Swimming

I acknowledge that swimming activities may be photographed or recorded, including low-light or underwater imagery, and I consent to such recording for marketing and documentation purposes.

6. Assumption of Risk & Release

I voluntarily assume all risks associated with swimming and release the Company, its owners, captains, crew, and affiliates from all liability to the fullest extent permitted by law.

Swimmer Initials: __________

Date: __________

Minor Participation & Guardian Consent Addendum

This addendum applies to all participants under the age of 18.

1. Guardian Authorization

I certify that I am the parent or legal guardian of the minor(s) listed below and grant permission for their participation in tours operated by the Company.

2. Responsibility & Supervision

I understand that:

Minors remain under the responsibility of their guardian at all times
Crew members are not responsible for direct supervision of minors
Life jackets may be required for minors at the captain’s discretion

3. Swimming Restrictions

I understand that swimming by minors may be restricted or prohibited based on age, conditions, or safety considerations.

4. Medical Fitness

I certify that the minor(s) are physically fit to participate and that I have disclosed any relevant medical conditions.

5. Release & Indemnification

I agree to the same release, waiver, and indemnification terms on behalf of the minor(s) as outlined in the main waiver.

Minor Name(s): __________________________

Guardian Name: _________________________

Signature: _____________________________

Date: ___________________

Catamaran Rules & Safety Addendum

This addendum applies to all guests boarding the Company’s 45-foot catamaran.

1. No Swimming Policy

I acknowledge that swimming is not permitted from the catamaran under any circumstances.

2. Viewing-Only Bio Bay Experience

I understand that during Bio Bay viewing tours:

A designated swimmer may enter the water to activate bioluminescence
Guests will observe the glow from onboard the vessel only

3. Vessel Movement & Safety

I agree to:

Remain seated or hold secure handholds while underway
Follow boarding and disembarking instructions
Avoid restricted areas of the vessel

4. Capacity & Conduct

I acknowledge that:

Passenger capacity is strictly enforced
Unsafe behavior may result in removal without refund
Alcohol or substance use may be restricted at the captain’s discretion

5. Assumption of Risk

I accept all risks associated with vessel movement, marine conditions, and nighttime operation.

Participant Initials: __________

Date: __________

Additional Legal Disclosures & Federal Maritime Protections

To the fullest extent permitted by law, I acknowledge and agree that all activities conducted by Johnny’s Boats or Gina’s @ Johnny’s Boats and Company occur on navigable waters and may be governed by the general maritime law of the United States, supplemented by the laws of the Commonwealth of Puerto Rico where not inconsistent. The Company operates vessels in compliance with applicable United States Coast Guard (USCG) regulations, including but not limited to 33 CFR, 46 CFR, and the International and Inland Navigation Rules (COLREGS), and all vessels are operated by USCG-licensed Master captains (25–100 Ton) with extensive local experience. I understand that the Company is not a common carrier and does not owe the heightened duty of care associated with common carriers. I agree to comply with all safety instructions and acknowledge that failure to do so, failure to exercise reasonable care, or failure to warn the crew of unsafe conditions, medical issues, or hazards may constitute comparative or contributory negligence, reducing or barring any claim. I acknowledge that captains and crew are trained in marine safety and emergency response but are not physicians, paramedics, or licensed medical professionals, and that any assistance rendered is limited to reasonable first aid under the circumstances; I further acknowledge that emergency equipment availability, rescue response, and medical evacuation times may be limited by weather, location, or conditions beyond the Company’s control. I agree to comply with all federal, territorial, environmental, and wildlife protection laws, and accept responsibility for any fines, penalties, or damages arising from my actions. I acknowledge that safety and vessel equipment is provided for emergency use only, that mechanical failure or interruption is possible, and that improper or unauthorized use is prohibited. I acknowledge that participation while impaired by alcohol, drugs, or any substance is prohibited and may result in denial of service without refund, and I assume all risk associated with any impairment. I understand that certain services, swimmers, photographers, or crew members may act as independent contractors, and I agree that the Company shall not be liable for the acts or omissions of third parties beyond its reasonable control. I acknowledge that the existence of insurance does not constitute an admission of liability or create any additional duty. I agree that this agreement shall be interpreted in English, which shall control in the event of any translation, and that any dispute arising from participation shall be subject to the exclusive jurisdiction and venue of courts located in Puerto Rico, with a waiver of jury trial to the extent permitted by law. If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and all waivers, releases, and limitations of liability shall survive the completion of the tour.

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