This document was last updated on March 17, 2021.

For the purposes of this Privacy Policy, unless otherwise noted, “we”, “us”, and “our” refer to Everglades Airboat Resorts, LLC (doing business as Captain Jack's Airboat Tours) and our website CaptainJacksAirboatTours.com.

Protecting your information is important to us. In this Privacy Policy we describe how and why we use your information. By using our website and online services, you consent to the practices described in this Privacy Policy.

PERSONALLY IDENTIFIABLE INFORMATION

We do not collect your personally identifiable information, such as your name, birthdate, mailing address, email address, or phone number, unless you voluntarily provide it to us.

You may be required to provide such personally identifiable information to us when you elect to use certain website products or services, such as:

  • registering for an account on our website,
  • signing a digital contract,
  • entering a contest,
  • calling or texting our phone number,
  • signing up for an email newsletter,
  • sending us an email message, or
  • purchasing products or services.

We collect and use your personally identifiable information to deliver products and services you request. We may also use such information to contact you after a product or service is delivered, for example, to ask you for feedback, send reminders, or to confirm a delivery. We may also use such information to notify you of our other products or services.

NON-IDENTIFIABLE INFORMATION

We also collect information about you that can’t be used to identify you. This information is typically provided to us automatically by your web browsing software. Such information may include, but is not limited to:

  • IP address,
  • access times,
  • browser and operating system,
  • device type,
  • advertisements you clicked on in order to visit us,
  • websites that referred you to us, and
  • requested website pages.

COOKIES AND OTHER STORAGE

We may store your information in cookies or other storage features of your web browsing software. Typically this information can only be accessed and interpreted by us, our close partners, and our trusted vendors.

SHARING INFORMATION WITH THIRD PARTIES

We do not sell, rent, trade, or lease our customer information to third parties, except as described in this section.

CLOSE PARTNERS

We may share your personal information with the following close partners, who may provide services for us, and who may also directly communicate with you about their own products or services:

  • Wooten’s Everglades Airboat Tours;
  • Jungle Erv's Airboat Tours;
  • Ivey House Everglades Adventures Hotel;
  • Everglades Adventures Kayak & Eco Tours;
  • Everglades Adventures Hotel Suites by Ivey House; and/or
  • Everglades City Motel – Everglades Adventures Inn.

TRUSTED VENDORS

We may share your information with trusted vendors to help us with tasks such as performing statistical analysis, hosting our website, processing phone calls, sending email or postal mail, providing support, fulfilling services, or arranging for deliveries. All such vendors are prohibited from using your personal information except to provide services on our behalf. They are required to maintain the confidentiality of your information.

LEGAL REQUIREMENTS, RIGHTS, OR SAFETY

We may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to comply with a legal process, protect our rights or property, or protect the safety of others.

PROMOTING OTHER PARTNERS

We may contact you on behalf of other partners to help them promote an offer that may be of interest to you. We do not share your personally identifiable information with such partners.

ADVERTISERS

We may share information about your website visit or your previous purchases with advertisers such as Google or Facebook. Sharing your information with advertisers allows us to show more relevant advertisements, to find new visitors who are similar to previous ones, and to know if our advertisements are working.

We may share non-identifying information with advertisers, such as which advertisements you click, which pages you view, which buttons you click, and how much money you spend.

Sending your information to advertisers, even information that does not allow us or the advertiser to personally identify you, may allow those advertisers to show our advertisements to you after you leave our website. These advertisements may only be shown when your information is mixed with information from hundreds of similar visitors, and only when the advertisements do not use sensitive or discriminatory information.

Advertisers provide statistical analyses of our website visitors. Such analyses do not allow us to identify you unless you directly provide us or our trusted vendors with your personally identifiable information (for example, by emailing us, calling us, signing a contract, or purchasing from us).

If you provide us with personally identifiable information, we may also share that information with advertisers. Advertisers only use your personally identifiable information if you already have an account with that advertiser (for example, if you have a Google or Facebook account and have agreed to its terms). If you do not already have an account with an advertiser, your personally identifiable information is not able to be matched to that advertiser’s list of accounts. Such unmatched information is discarded by that advertiser.

OPT OUT OF DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

If you are a California resident, you have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt out of the disclosure of your personal information. If you exercise your right to opt out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information.

To opt out of the disclosure of your personal information, please contact us.

RIGHT TO DELETION

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will delete your personal information from our records and direct any vendors to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

  • complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • debug to identify and repair errors that impair existing intended functionality;
  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • comply with the California Electronic Communications Privacy Act;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • comply with an existing legal obligation; or
  • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

LINKS TO OTHER WEBSITES

Our website contains links to third-party websites. We are not responsible for the content or privacy practices of such websites. We encourage you to be aware when you leave our website, and to read the privacy policies of other websites.

EMBEDDED CONTENT FROM OTHER WEBSITES

Pages on our website may include embedded content such as videos or images. Embedded content from other websites behaves in the same way as if you had visited those other websites directly.

Those websites may collect data about you, use cookies, and monitor your interactions with that embedded content. For example, if you watch a video embedded on our website, that video provider may track your watching of that video.

EXTERNAL DATA STORAGE

We may store your data on servers provided by third-party vendors with whom we have contracted.

SECURITY

We secure your personal information from unauthorized access, use, or disclosure. We use the TLS protocol, also known as HTTPS, for this purpose.

When you submit your personal information to us, and when we access it, it is protected through the use of encryption, such as that provided by the TLS protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any electronic network can be guaranteed to be 100% secure. You acknowledge that:

  • there are security and privacy limitations inherent to the Internet which are beyond our control; and
  • the security, integrity, and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed.

CHILDREN UNDER THIRTEEN

We do not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use our website.

EMAIL COMMUNICATIONS

From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, or other general communication. In order to improve our services, we may receive a notification when you open an email from us or click a link within the email.

If you would like to stop receiving marketing or promotional communications via email from us, you may opt out of such communications by clicking “unsubscribe” in the email.

Opting out of promotional emails will not prevent you from receiving transactional emails, such as updates on a pending request, order, or purchase.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes by updating this Privacy Policy. Your continued use of our website will constitute your acknowledgment of the modified Privacy Policy and your agreement to abide by and be bound by the Privacy Policy.

CONTACTING US

We welcome your questions or comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy, please contact us.

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CAPTAIN JACK’S TOUR CONTRACT


Review Captain Jack's Privacy Policy

THIS IS A LEGALLY BINDING CONTRACT BETWEEN CAPTAIN JACK’S AND THOSE PASSENGERS LISTED BELOW GOVERNING THE TERMS AND CONDITIONS OF THE TOUR EXCURSION. ATTENTION IS ESPECIALLY DIRECTED TO CLAUSES (4), (5) AND (6), WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS TO ASSERT CLAIMS AGAINST CAPTAIN JACK’S, THEIR AGENTS, EMPLOYEES, AND OTHERS.

TERMS AND CONDITIONS – READ CAREFULLY

(1) Definitions: Whenever the name “Captain Jack’s” is used in this Contract it shall mean and include Captain Jack's Airboat Tours, Wooten's Everglades Airboat Tours, Jungle Erv's Airboat Tours, Everglades Adventures Kayak & Eco Tours, Everglades Airboat Resorts LLC, Everglades Airboat Management LLC, Everglades Jack's LLC, Everglades Airboats and Swamp Buggies LLC, Jungle Erv's LLC, Ivey House LLC, the vessel, its/their owners, operators, employees, agents, officers, and insurers. The term “Passenger” shall include the plural where appropriate, and all persons booking or purchasing a Tour Excursion under this Contract, including their respective heirs, beneficiaries, representatives, and any accompanying minors. 

(2) Acceptance by Passengers: Participation in the Tour Excursion by the person(s) named hereon shall be deemed acceptance and agreement, on behalf of himself and all other Passengers on this Contract, to all terms and conditions set out herein.

(3) Acknowledgment and Assumption of Risks: Passenger admits a full understanding of the character of the Tour Excursion and expressly assumes all risks and hazards incident to participating in the Tour Excursion including, but not limited to the following:

i. Potentially dangerous wildlife, including reptiles, snakes, alligators, crocodiles, birds, insects, fish, and other marine life;
ii. Wind, rain, inclement weather, lightning, temperature, changing tides, currents, waves, and wakes;
iii. Boat and equipment failure;
iv. Navigational error;
v. Boat running aground, collisions, allisions, capsizing, sinking, fires, and striking submerged or visible manmade or natural objects including but not limited to mud, sandbars, trees, branches, roots, and wildlife.

Passenger is aware that participating in the Tour includes the risk of injury and death, and hereby elects to voluntarily participate.

(4) Total Release of Liability: PASSENGER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE CAPTAIN JACK’S FROM ANY AND ALL LIABILITY, CLAIMS, AND CAUSES OF ACTION OF ANY NATURE FOR ANY AND ALL PERSONAL INJURY OR DEATH TO PASSENGER OR HIS/HER MINOR CHILDREN ARISING OUT OF, IN CONNECTION WITH, OR INCIDENT TO PARTICIPATING IN THE TOUR EXCURSION, REGARDLESS OF THE CAUSE AND SPECIFICALLY INCLUDING PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF CAPTAIN JACK’S AND ALL OTHER RISKS AND HAZARDS INCIDENT TO PARTICIPATING IN THE TOUR EXCURSION, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF CAPTAIN JACK’S USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM CAPTAIN JACK’S IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND CAPTAIN JACK’S HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

(5) Limitations Period: Suit to recover on any claim for personal injury or death of Passenger shall not be maintainable unless filed within one year after the date of the injury, event, or death. Passenger expressly waives all other potentially applicable state or federal limitations periods. 

(6) Choice of Forum: It is agreed by and between the Passenger and Captain Jack’s that all disputes and matters whatsoever arising out of, in connection with, or incident to this Contract or the Tour Excursion shall be litigated, if at all, before the United States District Court for the Middle District of Florida in Fort Myers, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Collier County, Florida, to the exclusion of the Courts of any other county, state, or country.

(7) Governing Law: The terms and conditions of this Contract shall be governed by and construed first in accordance with the General Maritime Law of the United States, and second in accordance with the Laws of the State of Florida to the extent they do not conflict with the General Maritime Law. 

(8) Entirety: This contract constitutes the entire agreement between Captain Jack’s and Passenger and supersedes all other agreements, oral or written. 

(9) Severability: If any term or condition of this Contract is invalid or unenforceable, for any reason, it shall be deemed severed and the remaining terms and conditions shall not be affected thereby and shall remain in full force and effect. 

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS ABOVE.

Date: May 5, 2025

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email*

Confirm Email*
Remember: All Adults Must Sign

After you sign this waiver, please forward your confirmation email to all other adults in your party so they can sign the waiver prior to arrival as well.

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*

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.


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