Liability Release Form & Private Charter Agreement

This Agreement must be signed by every Passenger prior to departure. Please read thoroughly and carefully prior to signing.

The Charter begins at the designated departure time, not at the time the Charteree arrives. Charter duration incudes docking, undocking, as well as travel to and from destination. Please allow extra driving time in case of traffic. If you don't show up at the dock the day of your charter, you will forfeit your deposit. If you show up late and not ready to leave at the agreed departure time you will be losing charter time. Again, the clock starts at the agreed departure time.

All groups are recommended to be at the boat at least 5-10 minutes prior to departure. If an unforeseen circumstance occurs that could delay the group, a call should be made to the Captain  to relay this information to them to prevent cancellation. Captain Mike Charters reserves the right to cancel any charter where the party fails to arrive within a reasonable time of the scheduled departure time.

The Captain in his or her sole discretion reserves the right to cancel the trip within 2 hours of the departure time due to strong winds, rough seas, or any situation that could pose a safety risk. If this occurs, customers will receive a full reimbursement, or an alternative day may be scheduled pending availability. In the event the trip has to be terminated after it has already begun due to inclement weather the Charteree may opt to receive a refund in full or reschedule for a later charter date. In the event, someone suffers sea sickness or has the captain return early for any reason, no refund will be given.

All cancellations must be made by the charteree at least 4 days prior to the departure date, failure to do so will result in the forfeiture of 50% of the deposit amount. In the rare occasion that the boat experiences any mechanical issues or difficulties, refunds will be issued in full.

Captain Mike Charters adheres to a strict Zero Tolerance Policy. No firearms, illegal substances, including cannabis,may be brought on board the vessel. Legally prescribed medications are permitted on board. Beer and Wine are the only alcoholic beverages allowed on the vessel, and may only be consumed by persons aged 21 or older. Plastic bottles and coolers are permitted. Bringing your own food and beverage is permitted and is encouraged.

It is the job of the Captain and crew to provide a pleasant boating experience and we will do anything within reason to make sure that you and your party have fun on your charter excursion.

That being said, person(s) appearing to be intoxicated or under the influence of drugs or alcohol will not be permitted to board the vessel. If an illegal drug is found on board or is in the possession of any individual(s), or the captain determines that any individual(s) are unstable due to excessive drinking, the trip will immediately be terminated without a refund.

 Captain Mike Charters and crew strictly abide by all Florida State Saltwater Fishing and Safety rules and regulations and will not deviate from them under any circumstances. Prior to departure please have all necessary Certificates and Permits ready, and bring them on the day of departure.

For the passenger's safety and the well-being of the of the vessel, we require that all guests/ charterees on board wear soft soled tennis shoes or deck shoes. NO hard shoes, boots, high heels, wedges, or stilettos will be allowed.

The captain may require a passenger to remove their shoes if proper foot attire is not worn. 

Any photos obtained may be used for digital marketing purposes across our website and social media platform ,Unless otherwise instructed by passengers

I have read this Promises, General Release, Waiver and Consent Agreement and understand it is a legal document designed to inform me of risks and release the Captain, Crew, and Captain Mike Charters from any and all liability or personal injuries, mishaps, or omissions from the conduct of other boaters or passengers (intentional or not and crew during this Private Charter. I agree to be bound by it, from the date of my signature, forever into the future.

This agreement shall be construed in accordance with the admiralty and maritime laws of the United States of America.

 

This Agreement constitutes a Waiver and Release of Liability, whereby the undersigned passenger (the“Passenger”) agrees to release, discharge, hold harmless, defend and indemnify William Michael Ruzicka, along with its respective officers, directors, employees, owners, members, managers, affiliates, subcontractors and agents from any and all claims, actions or losses for bodily Injury, property damage, wrongful death, loss of services or any other claim which may arise out of Passenger’s participation in any recreational charter/boat ride/fishing charter/snorkelling expedition or other tour transportation or activity conducted by boat (the “Boat Ride”).

By signing this document, the Passenger acknowledges that he/she specifically understands he/she is releasing, discharging and waiving any claims or actions that he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by William M Ruzicka.

1. I wish to participate as a passenger on the Boat Ride being operated by William M Ruzicka , and I acknowledge that my participation in the Boat Ride is completely voluntary.

2. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, including, but not limited to the risk of a slip and fall, equipment failure, perils of the sea, harm caused by other vessels, acts of fellow participants, entering and exiting the water, boarding or disembarking boats, and activities on the docks. Uncontrollable conditions while the vessel is underway, can include but not limited to striking of known and unknown objects in the water, being struck by other vessels, and erratic changes in weather/sea conditions. Landing/boarding any sea life, handling and being near sea life in any capacity (whether in or out of the vessel).

3. I acknowledge that the Boat Ride may be unsafe and/or hazardous for persons under the age of 18, and is unsuitable for Passengers that are pregnant, have back or neck problems, suffer from heart problems,respiratory issues, mobility impairments, epilepsy, impaired vision, other pre-existing medical conditions or suffer from motion sickness.

4. I represent that I am over the age of 18, and do not suffer from or experience any of the conditions set out at clause 3 above.

5. I acknowledge and understand that I have responsibility for ensuring my own safety and a duty to exercise reasonable care for my own safety and the safety of others around me and agree to do so(including, without limitation, following all directions of the boat's captain and crew) while participating in the Boat Ride, and verify that I am physically able to participate.

6. I fully understand that the involved vessel has limited medical facilities and that in the event of illness orinjury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.

7. Having read this wavier, I agree to INDEMNIFY RELEASE from LIABILITY and HOLD HARMLESS William M Ruzicka from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind or character, of any type or nature whatsoever (including negligence), arising out of the Boat Ride. I further INDEMNIFY, RELEASE from LIABILITY and HOLD HARMLESS William M Ruzicka from any and all responsibility for injury, death, property damage or loss associated with, relating to, or arising from the risks enumerated above or otherwise that occur while I am participating in any stage of a charter on a vessel owned, operated or hired by William M Ruzicka.

8. William M Ruzicka Shall be held harmless from any and all claims of personal injury, death, property damage or loss associated with, arising from or related to, directly or indirectly, the consumption of alcohol or drugs.

9. I acknowledge that I have read and reviewed the Charter Contract and understand and agree to the terms and contained therein.

10. I authorize William M Ruzicka to use any photographs, personal narrative, interviews, or audio and video recording of my participation in the Boat Ride for any and all promotional and advertising purposes.

11. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. I acknowledge that I have read the Agreement in full and fully understand and am aware of the legal consequences of submitting this document. I certify that I agree with its content.

The United States Centers for Disease Control and Prevention (CDC) requires airlines and other aircraft operators to collect this information pursuant to 42 C.F.R. §§ 71.20 and 71.31(b), as authorized by 42 U.S.C. § 264. Providing this information is mandatory for all passengers arriving by aircraft into the United States. Failure to provide this information may prevent you from boarding the plane. Additionally, passengers will be required to attest to providing complete and accurate information, and failure to do so may lead to other consequences, including criminal penalties. CDC will use this information to help prevent the introduction, transmission, and spread of communicable diseases by performing contact tracing investigations and notifying exposed individuals and public health authorities; and for health education, treatment, prophylaxis, or other appropriate public health interventions, including the implementation of travel restrictions.

The Privacy Act of 1974, 5 U.S.C. § 552a, governs the collection and use of this information. The information maintained by CDC will be covered by CDC’s System of Records No. 09-20-0171, Quarantine- and Traveler-Related Activities, Including Records for Contact Tracing Investigation and Notification under 42 C.F.R. Parts 70 and 71. See 72 Fed. Reg. 70867 (Dec. 13, 2007), as amended by 76 Fed. Reg. 4485 (Jan. 25, 2011) and 83 Fed. Reg. 6591 (Feb. 14, 2018). CDC will only disclose information from the system outside the CDC and the U.S. Department of Health and Human Services as the Privacy Act permits, including in accordance with the routine uses published for this system in the Federal Register, and as authorized by law. Such lawful purposes may include, but are not limited to, sharing identifiable information with state and local public health departments, and other cooperating authorities. CDC and cooperating authorities will retain, use, delete, or otherwise destroy the designated information in accordance with federal law and the System of Records Notice (SORN) set forth above. You may contact the system manager at dgmqpolicyoffice@cdc.gov or by mailing Policy Office, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329, if you have questions about CDC’s use of your data.