READ CAREFULLY BEFORE SIGNING. This is a legal contract. By signing, you give up the right to sue for certain injuries, including those caused by ordinary
negligence. Do not sign unless you understand and agree to all of it.
This Agreement is between Saltwater Mercs, d/b/a “Saltwater Mercs,” and its owners, guides, employees, and agents (the “Company”), and the person
signing below (the “Participant”). “Activity” means all land-based shark and saltwater fishing services, guiding, wading, kayaking of baits beyond the surf, and the hooking, landing, handling, photographing, and releasing of sharks and marine life, day or night.
Assumption of Risk
The Participant understands that shore-based shark fishing is inherently and unavoidably dangerous and voluntarily assumes all risks, known or unknown,
including: shark bites, lacerations, amputation, or death during landing, handling, or release; injury from hooks, gaffs, knives, line, and tackle under tension;
drowning, rip currents, surf, and being pulled into the water; capsizing while kayaking baits offshore; stings from rays and jellyfish; slips and falls on rocks, jetties, and piers; heat, sun, lightning, and weather exposure; night-fishing hazards; delayed emergency response at remote locations; and the negligence of participants, guides, or third parties, and equipment failure. The Participant may stop at any time if conditions feel unsafe.
Release, Covenant Not to Sue & Indemnification
To the fullest extent permitted by Florida law, the Participant, on behalf of himself/herself and his/her heirs and assigns, RELEASES and FOREVER DISCHARGES the
Company from all claims arising out of the Activity, including claims based on the Company’s ordinary NEGLIGENCE; agrees not to sue the Company for any such
claim; and agrees to INDEMNIFY and hold the Company harmless from any claim or expense (including attorneys’ fees) arising from the Participant’s participation.
This does not apply to gross negligence, willful misconduct, or liability that cannot be waived under Florida law.
Rules, Compliance & Medical
The Participant agrees to follow all guide safety instructions; comply with federal and Florida fishing laws, including Florida’s shore-based shark fishing permit,
approved circle-hook, and prohibited-species requirements; not participate while impaired by alcohol or drugs; and handle sharks only as directed. The Participant
is in good health and able to meet the physical demands of the Activity, authorizes emergency treatment if needed, and is solely responsible for all medical and
evacuation costs.
Governing Law
This Agreement is governed by Florida law, with exclusive venue in Escambia County, Florida. If any provision is unenforceable, the rest remain in effect. The
Participant has read and understood this entire Agreement and signs it freely and voluntarily.