Bag'Em Fishing Charters Fishing Camp Registration Form

Angler Information

ASSUMPTION OF RISK, INDEMNIFICATION, RELEASE, AND WAIVER OF LIABILITY

In consideration of the opportunity to (Bag’Em Fishing Charters Kids Camp) with (Bag’Em Fishing Charters LLC and associated Captains) (the “Charter”), I, the undersigned participant (“Participant”), on behalf of myself and my minor children, including, but not limited to, those listed below (“Minors”), and subject to Florida Statutes § 744.301, hereby acknowledge and agree as follows:

1.                  ASSUMPTION OF RISK.  Participant understands his/her and Minors access to, or use of, (Captain’s boat, transportation, fishing, and swimming) carry certain inherent risks and hazards that cannot be eliminated regardless of the care taken to avoid injuries.  Participant also understands there are inherent risks and hazards associated with (Boating, Fishing, and Swimming).  Some of these risks and hazards are outlined below, but there may be other unknown risks and hazards that are an inevitable part of a Charter.  Because of these risks and hazards, serious accidents may occur, including, without limitation, accidents associated with slips and falls, tendinitis, sprains, tears, fractures, head or back injuries, burns, dizziness and syncope, cold shock, hypothermia, frostbite, drownings, muscle cramps or fatigue, heart attacks, physical contact with equipment or other persons, encounters with wildlife, bad weather, sun exposure, heat stroke, heat exhaustion, complications of existing or developing medical conditions, scrapes, hooking, lacerations, impact injuries, illnesses, infections, mental stresses and anxieties, equipment failures, damages to property, disfigurements, and deaths. All of these risks and hazards and others not listed here may result in injuries severe enough to require serious medical care or short or long-term disability, dismemberment, and even death.

By signing this document (“Agreement”), Participant agrees Participant and any Minors (a) are aware of the risks related to the Charter; (b) are responsible for his/her/their own wellbeing; and (c) will enter upon and use the Charter.  Participant further agrees Participant’s and any Minors’ access to or use of the Charter is completely voluntary and he/she/they expressly assume all risks associated therewith, including, but not limited to, slips and falls, tendinitis, sprains, tears, fractures, head or back injuries, burns, dizziness and syncope, cold shock, hypothermia, frostbite, drownings, muscle cramps or fatigue, heart attacks, physical contact with equipment or other persons, encounters with wildlife, bad weather, sun exposure, heat stroke, heat exhaustion, complications of existing or developing medical conditions, scrapes, lacerations, hooking, impact injuries, illnesses, infections, mental stresses and anxieties, equipment failures, damages to property, disfigurements, and deaths. In other words, Participant assumes all the risks and responsibility for his/her own wellbeing and the wellbeing of his/her Minors.  Participant also (x) authorizes the Releasees (as defined below) to call for medical care for Participant and any Minors if, in the Releasees’ sole opinion, medical attention is prudent or necessary; and (y) agrees to pay all costs associated with such care.

Participant and Minors will abide by all rules and instructions of the Charter, the Releasees, and their personnel, employees, contractors, or representatives.  Also, because non-swimmers should not participate in water-related activities, by signing this Agreement, Participant represents and agrees Participant and Minors are in good health, know how to swim, and can swim safely without any assistance or supervision.

2.                  WAIVER AND RELEASE OF CLAIMS; DEFENSE AND INDEMNITY.  Participant (for himself/herself and his/her family members, Minors, guests, personal representatives, heirs, trustees, trusts, beneficiaries, insurers, successors, assigns, and all others claiming by or through him/her (collectively, the “Releasors”)) hereby unconditionally and irrevocably covenants not to sue, releases, acquits, forever discharges, and agrees to defend, indemnify, and hold harmless the ( Bag’Em Fishing Charters LLC, or any associated Captain) owners, managers, and operators and all providers of rental equipment (and their respective past, present, and future employees, officers, directors, representatives, agents, principals, consultants, contractors, owners, shareholders, members, managers, partners, subsidiaries, parents, affiliates, insurers, successors, assigns, and any others claiming by or through them (collectively, the “Releasees”)) for or from – and also knowingly and intentionally waives – any and all claims, rights, remedies, damages, liabilities, guaranties or warranties (express, implied, or statutory), representations, omissions, and any other claims or losses of any type whatsoever (whether common law, statutory, or equitable, whether known, unknown, anticipated, unanticipated, foreseen, unforeseen, accrued or not accrued, and whether caused, in whole or in part, by the negligence, acts, omissions, carelessness, or other conduct of the Releasees) arising from, or relating to, Participant’s or any Minors’ presence at or use of the Charter, Participant’s or any Minors’ use of any amenities or equipment, any personal injuries or property damage caused by the intentional or negligent acts or omissions of Participant or any Minors, and any loss, theft of, or damage to any of Participant’s or Minors’ personal property (collectively, the “Released Claims”).

3.                  THE CHARTER.  Participant and any Minors hereby make the following representations, and acknowledge and agree that he, she, or they will abide by the following warranties and rules, all of which govern the Charter:

a.                   Participant and Minors have sufficient physical strength, endurance, and experience to enable him, her, or them to use all Charter equipment.

b.                  Participant and Minors do not have any health problems or medical conditions that could prejudice his, her, or their participation in the Charter.

c.                   Participant and Minors will follow all instructions given to him, her, or them by any persons conducting the subject activity or activities.

d.                  No alcoholic beverages are permitted to be consumed prior to or during the Charter. 

4.                  GOVERNING LAW; VENUE; AND JURY TRIAL WAIVER.  This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. EACH PARTY TO THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO A JURY TRIAL IN ANY LAWSUIT BETWEEN SUCH PARTY AND ANY OTHER PARTY HERETO, INCLUDING THE RELEASEES, WITH RESPECT TO THIS AGREEMENT.  The exclusive venue for any litigation arising from, or related to, this Agreement shall be in Hillsborough County, Florida.  Should Participant file a legal action against any Releasee and fail to obtain judgment therein against them, Participant shall be liable to the Releasee for all costs and expenses incurred by them in the defense of such legal action, including reasonable attorneys’ fees and para-professionals’ fees (including fees required in connection with appellate proceedings).

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. THE PARTIES TO THIS AGREEMENT, BY ENTERING INTO IT, ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY, AND INSTEAD ARE АССЕРTING THE USE OF BINDING ARBITRATION.  EACH PARTY TO THIS AGREEMENT KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO A JURY TRIAL IN ANY LAWSUIT BETWEEN SUCH PARTY AND ANY OTHER PARTY HERETO, INCLUDING THE RELEASEES, WITH RESPECT TO THIS AGREEMENT.  Rather, the Parties agree to agree that any controversy arising out of or in any way relating to Participant’s participation shall be submitted to binding arbitration.

 

5.                  INTERPRETATION; SEVERABILITY.  This Agreement is intended to provide the broadest possible protection for the Releasees, subject to Florida Statutes § 744.301.  Thus, and to be clear, nothing contained in this Agreement should be construed to waive or release more than allowed by § 744.301 or impose a burden on the Minors prohibited by § 744.301.  Similarly, if any part of this Agreement, or the application thereof under certain circumstances, is held invalid or unenforceable, the remainder of this Agreement, or the application of such part under other circumstances, shall not be affected thereby.

 

              PARTICIPANT ACKNOWLEDGES HE/SHE (A) HAS READ, AND FULLY UNDERSTANDS, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT; (B) UNDERSTANDS THAT HE/SHE IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING HIS/HER AND HIS/HER FAMILY’S RIGHT TO SUE; AND (C) IS VOLUNTARILY SIGNING THIS AGREEMENT, PHYSICALLY OR DIGITALLY, ON BEHALF OF HIMSELF/HERSELF AND ANY MINORS.

 

AGREEMENT FOR MINOR PARTICIPANT

I, the above-signed adult Participant, hereby agree if while participating in the Charter, I observe any unusual hazard or condition, which I believe jeopardizes my safety or that of the Minors or any other person, I will remove the Minors from participation in the activities and immediately bring said hazard or condition to the Releasees’ attention.  Further, and regardless of any such hazards or conditions, I agree that I will explain to the Minors that the risk of injury while participating in the Charter can be reduced by following all applicable rules and through the use of common sense and good judgment.  My signature below reflects my (a) assent that the Minors are bound by this Agreement; and (b) representation and agreement that I am the natural guardian of the Minors listed below and possess the legal authority to sign this Agreement on his, her, or their behalf.

notice to minor child’s natural guaradian

READ THIS FORM COMPLETELY AND CAREFULLY.  YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.  YOU ARE AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.  BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.  YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Medical Release and Authorization As Parent and/or Guardian of the named athlete, I hereby authorize the diagnosis and treatment by a qualified and licensed medical professional, of the minor child, in the event of a medical emergency, which in the opinion of the attending medical professional, requires immediate attention to prevent further endangerment of the minor’s life, physical disfigurement, physical impairment, or other undue pain, suffering or discomfort, if delayed. Permission is hereby granted to the attending physician to proceed with any medical or minor surgical treatment, x-ray examination and immunizations for the named athlete. In the event of an emergency arising out of serious illness, the need for major surgery, or significant accidental injury, I understand that every attempt will be made by the attending physician to contact me in the most expeditious way possible. This authorization is granted only after a reasonable effort has been made to reach me. Permission is also granted to the Bag'Em Fishing Charters Camp, and its affiliates including Directors, and captains to provide the needed emergency treatment prior to the child’s admission to the medical facility. Release authorized on the dates and/or duration of the registered season. This release is authorized and executed of my own free will, with the sole purpose of authorizing medical treatment under emergency circumstances, for the protection of life and limb of the named minor child, in my absence.

Confirmation BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.