Loading...

WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in the OFFSHORE FISHING CHARTER (hereinafter the "Activity"); and 

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge TEXAS OFFSHORE OUTFITTERS LLC, located at 27334 FM 457, Sargent, Texas 77414, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

Assumption of Risk: I am aware that fishing, particularly offshore fishing, involves inherent risks and dangers, including but not limited to those associated with sea travel, marine wildlife, weather conditions, and equipment use. I voluntarily assume all risks associated with my participation in these activities, including the risk of injury, illness, or death.

Release of Claims: I hereby release, discharge, and hold harmless Texas Offshore Outfitters, LLC, its owners, employees, agents, representatives, and affiliates (collectively referred to as "the Released Parties") from any and all claims, liabilities, damages, or expenses arising out of or in any way connected with my participation in fishing activities organized by the Company, including but not limited to personal injury, property damage, or loss.

Full Understanding: I acknowledge that I have carefully read and fully understand the terms of this Release of Liability Waiver, and I voluntarily agree to its terms and conditions. I understand that by signing this waiver, I am giving up certain legal rights, including the right to sue the Released Parties for any damages resulting from my participation in fishing activities organized by the Company.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Texas Offshore Outfitters LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Texas Offshore Outfitters LLC official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE TEXAS OFFSHORE OUTFITTERS LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TEXAS OFFSHORE OUTFITTERS LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Texas Offshore Outfitters LLC, its agents, and employees.

I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

Equipment Responsibility: I understand and acknowledge that the equipment provided to me by the Company, including but not limited to fishing gear, tackle, and vessel equipment (collectively referred to as "the Equipment"), is valuable and subject to potential loss or damage during my use. 

Financial Responsibility: I agree to assume full financial responsibility for any loss, theft, damage, or breakage of the Equipment that occurs during my possession or use. I understand that I will be financially liable for the repair or replacement costs of any damaged or lost Equipment, as determined by the Company. In the event that equipment or facilities becomes lost or damaged as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. In addition, in the event that any fishing gear (i.e., a fishing rod and/or reel) is lost overboard, the responsible party will be liable for the replacement cost of any and all equipment.

Full Understanding: I acknowledge that I have carefully read and fully understand the terms of this Equipment Responsibility Waiver, and I voluntarily agree to its terms and conditions. I understand that by signing this waiver, I am assuming financial responsibility for any loss or damage to the Equipment during my possession or use.

Governing Law: This Equipment Responsibility Waiver shall be governed by and construed in accordance with the laws of the State of Texas.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Texas Offshore Outfitters LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

In the event of an emergency, please contact the following person(s) in the order presented:

 

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

 

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

 

Today's Date: May 3, 2024

First Passenger's Name

First Name*

Middle Name

Last Name*

Phone*
First Passenger's Date of Birth*
First Passenger's Signature*
Second Passenger's Name

First Name*

Middle Name

Last Name*
Second Passenger's Date of Birth*
Third Passenger's Name

First Name*

Middle Name

Last Name*
Third Passenger's Date of Birth*
Fourth Passenger's Name

First Name*

Middle Name

Last Name*
Fourth Passenger's Date of Birth*
Fifth Passenger's Name

First Name*

Middle Name

Last Name*
Fifth Passenger's Date of Birth*
Sixth Passenger's Name

First Name*

Middle Name

Last Name*
Sixth Passenger's Date of Birth*
Seventh Passenger's Name

First Name*

Middle Name

Last Name*
Seventh Passenger's Date of Birth*
Eighth Passenger's Name

First Name*

Middle Name

Last Name*
Eighth Passenger's Date of Birth*
Ninth Passenger's Name

First Name*

Middle Name

Last Name*
Ninth Passenger's Date of Birth*
Tenth Passenger's Name

First Name*

Middle Name

Last Name*
Tenth Passenger's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!