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                  Need to Know

This participant agreement outlines potential safety concerns regarding boating experience, photo policy. Please review the following details carefully before confirming, a signed copy of the agreement is needed before the trip.

                                                                                         HOOK EM & COOK EM

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
                                                                                (the “Agreement”)

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

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This Agreement constitutes a Waiver and Release of Liability, whereby the undersigned passenger (the “Passenger”) agrees to release, discharge, hold harmless, defend and indemnify Hook Em & Cook Em along with its respective officers, directors, employees, owners, members, managers, affiliates, subcontractors and agents (collectively referred to as “Hook Em & Cook Em”) 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 or other tour transportation or activity conducted while on the boat.

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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 Hook Em & Cook Em.

  1. I wish to participate as a passenger on the Fishing Charter being operated by Hook Em & Cook Em, and I acknowledge that my participation in the Fishing Charter 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 vessels 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 near sea life in any capacity (whether in or out of the vessel).

  3. I acknowledge that the Fishing Charter may be unsafe and/or hazardous for persons under the age of 18, and is unsuitable for any 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. Guardian/parent must assume all liability as laid out in this document for the minor passenger(s).

  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 fishing charter, 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 or injury 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 waiver, I agree to INDEMNIFY RELEASE from LIABILITY and HOLD HARMLESS Hook Em & Cook Em from any and all liability, claims, demands, equitable relief, damages, costs, expenses, and causes of action of any kind of character, of any type or nature whatsoever (including negligence), arising out of the Charter Fishing experience. I further INDEMNIFY, RELEASE from LIABILITY and HOLD HARMLESS Hook Em & Cook Em 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 Hook Em & Cook Em.

  8. Hook Em & Cook Em 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 Hook Em & Cook Em 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 or this Agreement shall by held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  12. 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.
     

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