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Boat Travel and Activities Voluntary Release and Assumption of Risk
It is important that you read the contents of this statement before signing it. If you do not understand something contained in this statement, discuss it with your attorney before proceeding. If you are a minor, this form must also be signed by a parent or guardian.
I, _______________________________________, hereby affirm that I thoroughly understand the hazards of any activity in which I may engage including activities conducted during boat travel (hereinafter collectively referred to as “Excursion”) which may result in serious injury or death. I understand that these hazards include, but are not limited to, drowning, air expansion injuries, decompression sickness, slipping or falling while on board, being cut or struck by a boat while in the water including the one I have been traveling on, injuries occurring while getting on or off a boat, injuries occurring while on or using facilities leading to or after my Excursion (including, but not limited to, docks, parking areas, or vehicles), being hooked, impaled, struck, or cut by all types of fishing or types of equipment, becoming seasick or exhausted, as well as all other activity related hazards and perils of the sea. I am aware that I will be engaging in activities in areas remote from competent medical assistance and that the crew may not be able to provides me medical assistance. By signing this release, I certify that I am fully aware of and expressly assume these and all other risks involved in boat travel and activities conducted on the Excursion whether conducted recreationally or for other cause.
I understand and agree that neither Out Cast Fishin Charters, Michael Marquez, the captain/s, crew, dive master/s, owner of the vessel, the vessel, any dive certification agency, nor subsidiary corporations, the owners officers, officers, employees, agents, or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any occurrence which may result in personal injury, property damage, wrongful death or other damage to me or my family, heirs, or assigns that may occur as a result of my participation in this Excursion or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I acknowledge that I am competent and have examined, or before use will examine, any equipment provided me, rented, or used and that it is in good working condition and that I am certain it is free from defects. I agree to reimburse the owner for the loss or breakage of any equipment at the current retail replacement value and to also pay for damages incurred while transporting the equipment.
If I do not take with me, all fish, this waiver will act as my wildlife resource document. I give, donate, and leave the wildlife resources or parts thereof without other applicable licenses, stamps, tags or permits. I also acknowledge that Out Cast Fishin Charters will receive fifty percent of any winnings that I may be awarded from Offshore/Inshore Fishing Tournaments while fishing with Out Cast Fishin Charters.
I further state that I have had sufficient time to review this document and I am of lawful age and legally competent to sign this liability release, or that I have obtained the written consent of my parent or guardian. I understand that the terms contained herein are contractual and not a mere recital and that I have signed this agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this agreement is found to be unenforceable or invalid, that the provision shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death or injury. I further represent that I have the authority to do so and that my heirs, assigns, or beneficiaries will be stopped from claiming otherwise because of my representations to the Released Parties.
I, _________________________________________, BY THIS INSTRUMENT, DO HEREBY EXEMPT, RELEASE, INDEMNIFY, AND PROMISE TO DEFEND ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS.
Participant’s Signature Date
PRINTED NAME / or Signature of Parent or Guardian Date
Occasionally we like to contact our customers to update them on our current trips, special, activities, etc. We would like to include you only if you desire to receive such information. If you would like us to contact you please provide your information below.
City: State: _____________ Zip: _________________
Email address: ___________________________________________
Permission to Use Photographs
I agree that Out Cast Fishin Charters and its representatives have the right to take photographs of me and my property in connection with the fishing charters. OCFC may use such photographs, with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I do____ do not ____ give my photo release to Out Cast Fishin Charters.
Participant’s Signature Date
Signature of Parent or Guardian (where applicable) Date
How did you hear about us?
_____ Out Cast Charters website http://www.outcastfishincharters.com/
_____ Facebook, Out Cast Charters https://www.facebook.com/OutCastChartersGalveston/
_____ Galveston.com http://www.galveston.com/out-cast-charters/
_____ MonstaFishin Apparel http://www.monstafishin.com/
_____ Brochure from where:
_____ Friend: ____________________________________________________
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