PASSENGER FISHING AND BOAT TRAVEL - RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
PLEASE READ AND BE CERTAIN YOU UNDERSTAND THE EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH FISHING AND BOAT TRAVEL AND RELATED ACTIVITIES.
I UNDERSTAND THAT THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE“FISHERS OF MEN CORPUS CHRISTI, LLC”, THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOATS (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO AS“RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS A CONSEQUENCE OF THE FOLLOWING, OR AND OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE.
I, the undersigned, in consideration of the service of FISHERS OF MEN CORPUS CHRISTI, LLC, its officers, directors, employees, contractors, agents or
Representatives, hereby agree to release and hold harmless Fishers of Men Corpus Christi, LLC on behalf of myself, my heirs, assigns, personal representative and estate as follows: I understand and acknowledge that the activity I am about to voluntarily
engage in as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage, or damage to myself, to my property, or to spectators or other third parties.
The following describes some, but not all of those risks.
I am fully aware of the inherent hazards and risks associated with Fishing and/or Boat Travel that include but are not limited to being sunburn, dehydration, insect or animal bite, encounters with wildlife, finned, bit, slashed, stabbed, burnt, broken, dismembered, disfigured, drown or killed. I fully understand that these risks can lead to severe injury and even loss of life. I understand that fishing and/or boat travel may be conducted at a site that is remote from competent medical assistance, nevertheless, I choose to proceed even in the absence of competent medical assistance. Additionally, I understand that there are also risks associated with boat travel, including, but not limited to slip and fall aboard, lightning strikes, and the possible injury or loss of life as a result of a boat accident. Despite the potential hazards and dangers associated with the activity of Boat Travel, I wish to proceed and I freely accept and expressly assume all risk, dangers and hazards that may arise from these activities which could result in personal injury, loss of life and property damage to me. I expressly agree, and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage to myself, to others, or to my property, arising from my participation in this fishing and boat travel activity. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I engage in this event, I will have no right to make claim or file a lawsuit against FISHERS OF MEN CORPUS CHRISTI, LLC or its officers, directors, agents, contractors, volunteers or employees.
PHYSICAL HEALTH: To the best of my knowledge I, the client (passenger) have no physical restrictions which would prohibit my participation in any-and-all activities offered by FISHERS OF MEN CORPUS CHRISTI, LLC, including fishing, boating, boarding or disembarking the vessel, or consuming food or beverage prepared by the outfitter or their representatives. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this
event. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liabilities. Should any emergency medical services become necessary to me or any accompanying minor I have authorized to participate, I agree that I will not hold FISHERS OF MEN CORPUS CHRISTI, LLC liable regarding the provision of medical and/or emergency care or the adequacy of any such care. FISHERS OF MEN CORPUS CHRISTI, LLC reserves the right to decline service to any person it judges incapable of meeting the requirements of
participating in boating or fishing related activities.
PERSONAL FLOATATION DEVICES/LIFE JACKETS: I acknowledge that Fishers of Men Corpus Christi will provide life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel, at the marina or launch area, or when otherwise instructed to do so. It is optional for any person 14 years old and older to wear a life jacket while around and aboard our vessel. Any person 13 years old and younger are required to wear a life jacket while around and aboard our vessel.
RELEASE & ACKNOWLEDGEMENT OF RISK: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. I expressly agree, and promise to accept and assume all responsibilities of all risks while I engage in this event, and agree that I will have no right to make claim or file a lawsuit against FISHERS OF MEN CORPUS CHRISTI, LLC, or its officers, directors, contractors, agents, or employees. By signing this Agreement I, myself, or as parent or guardian of any accompanying minor, unconditionally release and hold
harmless FISHERS OF MEN CORPUS CHRISTI, LLC and/or their representatives against and for all liability, cost, expenses, claims and damages for which the guide might otherwise become liable by reason of any accident, illness or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with or related to the participation in any activity or service offered by FISHERS OF MEN CORPUS CHRISTI, LLC, regardless of how, where, or when such injury, illness, death or damage occurs even if caused by the negligence of the guide, its agent, director, officer, contractor, or employees, or due to conditions, defects in the vessel, equipment or activities.
In light of any global pandemic, FISHERS OF MEN CORPUS CHRISTI, LLC is taking all possible precautions and will continue to follow local and state regulations. You understand and acknowledge that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless FISHERS OF MEN CORPUS CHRISTI, LLC for any matters related to the global pandemic.
I hereby grant permission for usage of photographs and/or video of me taken on trips in publications, news releases, online, and in other communications. If you DO NOT WANT to not have any photographs and/or videos taken or used please advise the Captain of the vessel before boarding the vessel.
As a parent/guardian with legal responsibility for this/these participant(s), I do consent and agree to his/her/their release as provided above of all Releases and, for myself, my child(ren), all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
I agree and acknowledge that I have read and fully understand the contents of this entire document, understand that it affects my legal rights, and agree to be bound by its terms. I, the client(fishing and/or boat passenger), understand all its terms and that it shall be effective and binding upon myself, my respective heirs,
successors and assigns. I execute it voluntarily with full knowledge of its significance.
I Have Read this Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement. By signing I Understand It, I Agree to All of the Contents.