Assumption of Risk and Complete Release of Liability
I understand that the purpose of signing this document is to relinquish my rights to sue Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, its employees, its agents, OTHER ASSOCIATED PERSONNEL, and all of its boat or hunting properties (whether owned, operated, controlled, borrowed, leased, chartered or otherwise) hereinafter referred to as the released parties and to hold these entities harmless from any and all liabilities arising as a consequence of any acts or omissions on their part, including but not limited to negligence of any type. I am signing this release in consideration of being permitted to participate in the activity conducted, sponsored, or otherwise affiliated with the released parties.
I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, FISHING, HUNTING AND PASSENGER ACTIVITIES, included but not limited to equipment failure, perils of the sea, harm caused by marine creatures (including marine and fish animal bites), acts of fellow participants, entering or exiting the water, boarding or disembarking boats, injuries caused by fishing equipment, hunting ,trapping activities on the docks and on land I HEREBY ASSUME EACH AND EVERY SUCH RISK WHETHER SPECIFICALLY LISTED HEREIN OR NOT AND WHETHER FORESEEABLE OR NOT. IT IS MY INTENTION THAT THIS RELEASE BE CONSTRUED AS BROADLY AS POSSIBLE AND IN FAVOR OF THE RELEASED PARTIES. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.
I assert that I am physically fit to fish, swim, ride on a boat in all sea conditions in addition to any related water sports activities and transfers from boat to boat including tenders and walk without assistance in uneven ground on undeveloped land. I will not hold the released parties responsible if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while fishing, riding on the boat, swimming or participating in water sports activity or transfer from boat to boat or harvesting game in the woods otherwise participating in the trip, regardless of whether the injury is foreseeable or not. I specifically promise not to sue or bring claim for any injuries which occur as a result of rough seas or damage to my person as a result of being at sea, sitting in a tree stand or riding on a off road vehicle including but not limited to back injuries, neck injuries, spine injuries or death.
I fully understand that the involved vessel or guide vehicle has limited medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed significantly until I can be transported to a proper medical facility. I agree in advance to these conditions.
The participating dive/water sports store and/or boat(s) and/or offroad vehicle and/or affiliated personnel have made no representation to me implied or otherwise that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold the released parties, their owners, operators, crew, passengers or insurers responsible for their actions in attempting the performance or rescue or first aid or for anything else which may occur during the excursion, including pre-boarding and post disembarkation or when traveling throughout the hunting property.
IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT AND RELEASE Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, its employees, its agents, OTHER ASSOCIATED PERSONNEL, and its boats (whether OWNED, operated, leased or chartered), AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE AND I ASSUME ALL RISK IN CONNECTION WITH
FISHING, HUNTING OR RIDING ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.
I hereby grant Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, permission to use my likeness in a photograph, video, or other digital media (“photo”) in all of its publications and advertising, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle and will not be returned.
I hereby irrevocably authorize Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, to edit, alter, copy, exhibit, exhibit, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears.
Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement Shoot-Da-Gator Outfitters Guide Service LLC or David T Markle, and the undersigned.
There are NO WARRANTIES or PROMISES expressed or implied, which extend beyond the description of the activity listed on this form. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT. I AM GIVING MY SOLEMN PROMISE NOT TO FILE SUIT OR BRING CLAIM AGAINST THE RELEASED PARTIED FOR ANYTHING THAT MIGHT HAPPEN TO ME AND THIS RELEASE IS TO BE CONSTRUED AS BROADLY AS POSSIBLE.
I have read this agreement, am aware that it is a release of liability and a contract between myself and the released parties. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.
Statement to client, REGARDING FISHING CHARTERS each trip is scheduled for four hours. Due to the weather and changing forecast, the captain has the final determination in seas and weather forecast to alter the trip plan and return to port anytime during the charter. Each charter is not a guarantee to harvesting fish and every skilled attempt will be made to fulfill your adventure with a positive experience.
Each charter, either 4 hour or 8-hour trips will have no more than 4 paying customers with an additional Captain and first mate. Charters will be picked up at either Phil Foster or Jim Berry Boat ramps. The trip will consist of navigable waters through the Palm Beach inlet and consist of boundaries south to the airport fly over. (Coordinates are: 26-40.264 N – 79-55.140 W) to North to Jupiter Inlet (Coordinates 26-56.867 N – 80-1.431 W) East to 1100 ft or 9 nautical miles off the shoreline 26-47.483N – 79-50.359 W.)
Half Day trips will return to the dock at 12:45 and full days will return to the dock at 16:30. At the start of each trip the captain will debrief each client on the following:
Trip plan and agenda:
Safety equipment and location of PFD
Man, overboard procedures.
Inclement Weather procedures
Fire incident safety measures
Personnel safety requirements \ allergies
Statement to clients REGARDING GUIDED HUNTS ON POLK COUNTY PROPERTY each hunt is a full day. a briefing will take place prior to your hunt. the following will be covered:
FWC Rules and regulations
Hunter Safety
Land familiarization
Communications
First Aid /Allergic Reactions.
Safety is our overall priority during your Charter Trip or Guided Hunt.
Captain & Guide DT Markle Owner
Shoot-Da Gator Outfitters Guide Services LLC.
THIS FORM WILL BE SIGNED IN PERSON PRIOR TO THE CHARTER OR HUNT.
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