Assumption of Risk/Waiver of Liability/Release/Indemnification
There are certain inherent risks associated with participating in fishing charters which cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infection, contracting a virus or disease, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death.
COVID-19 is extremely contagious and is reported to be spread through the air, from touching contaminated surfaces and from person-to-person contact. There is no known treatment, cure, or vaccine for COVID-19, which can cause severe illness and death. Federal, state and/or local governments have recommended and/or require precautions, including, but not limited to, social distancing and wearing face coverings, to lessen the spread of this virus. Please contact the Centers for Disease Control (the CDC), your state and/or local governments for the most up-to-date information and guidance.
By participating with Shark Infested Charters, I KNOWINGLY AND FREELY ASSUME ALL RISKS related to my participation and/or attendance, including, but not limited to, the risks of my being physically injured and the risks of my being exposed to and/or contracting COVID-19. This risks include but not limited to; sun, rain, lightning, sea spray, any other weather conditions, sea sickness, pitching and rolling, slippery and wet decks, injuries from boarding or disembarking the vessel, fish, fishing, fishing tackle and gear, and the unintentional conduct of any other persons on the boat.
I also AGREE to forever RELEASE and WAIVE ANY LIABILITY of SHARK INFESTED CHARTERS, LLC, AND/OR THEIR CAPTAIN OR CREW, (“RELEASEES”) for: my being physically injured, becoming disabled, contracting any illness (including, but not limited to, Covid-19), death or any other loss or damage to my person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERS, to the fullest extent permitted by law. I understand that I am giving up my right to bring any claims including for personal injuries, death, disease, damages, property losses, or any other loss, including but not limited to claims of negligence, whether known or unknown, foreseen or unforeseen against RELEASEES. I am not in possession of any illegal substances, and I release the Captain, Crew and Corporation from any liability whatsoever for any illegal actions taken by myself on the vessel.
I further AGREE to protect, defend, indemnify and hold harmless RELEASEES from any claims arising from my being physically injured, becoming disabled, contracting any illness (including, but not limited to, Covid-19), death or any other loss or damage to my person or property and shall be liable to pay attorneys’ fees and costs incurred by RELEASEES to defend such claims.
I hereby grant Shark Infested Charters permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of Shark Infested Charters and will not be returned. I hereby irrevocably authorize the edit, alter, copy, 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 understand that this trip is not recommended for anyone with pre-existing conditions such as circulatory problems, high blood pressure, heart conditions, pregnancy, weak bones, knees, back or ankle problems.
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