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 Acknowledgement of Risk and Waiver of Liability

Revised January 26, 2026


Review Our Privacy Policy

THIS IS A LEGALLY BINDING CONTRACT BETWEEN THE COMPANY AND THOSE PASSENGERS LISTED BELOW GOVERNING THE TERMS AND CONDITIONS OF PARTICIPATION IN THE ACTIVITIES DEFINED HEREIN. ATTENTION IS ESPECIALLY DIRECTED TO CLAUSES (5), (6), (7) AND (8), WHICH CONTAIN IMPORTANT LIMITATIONS ON THE RIGHTS OF PASSENGERS TO ASSERT CLAIMS AGAINST THE COMPANY, ITS AGENTS, EMPLOYEES, AND OTHERS.

TERMS AND CONDITIONS – Read Carefully and Fully

(1) Definitions: Whenever the word “Company” is used in this Contract it shall mean and include Everglades National Park Adventures, Wooten’s Everglades Airboat Tours, Captain Jack’s Airboat Tours, Jungle Erv’s Airboat Tours, Everglades Adventures Kayak & Eco Tours, Everglades BT, LLC, 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, Everglades Hospitality Resorts, LLC, the vessel(s) and vehicle(s), its/their owners, operators, employees, agents, officers, and insurers. The terms “Passenger” and “Participant” shall include the plural where appropriate, and shall mean all persons booking or purchasing any Activities under this Contract, including their respective heirs, beneficiaries, representatives, and any accompanying minors. The term “Activities” shall include the singular where appropriate, and includes Boat Tours, Boat Rentals, Motorized Vehicle Tours, Boardwalk Walks, Animal Sanctuary Visits, and any and all related activities or services.

(2) Introduction: This Acknowledgment of Risk and Waiver of Liability (“Contract”) sets forth the terms and conditions governing the relationship between Passenger and Company for participation in the Activities purchased under this Contract. The terms and conditions set forth in this Contract, together with any other acknowledgment of risk, constitute the entire agreement between Company and Passenger.

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

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

i. Encounters with potentially dangerous wildlife, including but not limited to reptiles, snakes, alligators, crocodiles, birds, insects, fish, and other marine and non-marine wildlife;

ii. Exposure to adverse weather conditions such as wind, rain, lightning, extreme temperatures, inclement weather, and changing tides, currents, waves, and wakes;

iii. Navigational errors;

iv. Hazards associated with the Activities, including running aground, collisions, allisions, capsizing, sinking, fires, and striking submerged or visible objects, both natural (e.g., mud, sandbars, trees, branches, roots, wildlife) and manmade;

v. The nature of the environment in which the Activities take place (e.g., remote waterways) may limit the availability of immediate medical or emergency assistance in the event of an accident and/or medical emergency;

vi. Risk of equipment failure associated with the Activities, including but not limited to:

a. Due to the nature of the Activities, there is a risk of losing balance, tripping, or falling especially during sudden movements, sharp turns, or unexpected turbulence;

b. Although safety measures are in place, there is a risk of falling overboard due to the open nature of the vessel(s) and vehicle(s) or unexpected shifts during the Activities;

c. The powerful engine, propeller, and other components of the vessel(s) and vehicle(s) may pose potential risks, including being struck by moving parts or being injured during boarding, disembarking, or while the vessel(s) or vehicle(s) are in operation during the Activities;

d. Due to the nature of the Activities, personal belongings such as hats, sunglasses, cameras, phones, and other items may be lost overboard. It is highly recommended to secure all loose items prior to departure.

vii. Risk of slips, trips, and/or falls during embarkation and disembarkation:

a. Passenger acknowledges that embarking onto or disembarking during the Activities may involve traversing on uneven, wet, slippery, or unstable surfaces such as docks, ramps, steps, or the edge of the vessel(s) or vehicle(s) itself;

b. Passenger understands that proper footwear, attentiveness, and assistance from crew (if necessary) are important during both embarkation and disembarkation.

viii. I am aware that participation in the Activities entails certain inherent risks, including the risk of injury or death. I understand the description of these inherent risks set forth in this Contract is not complete and that other unknown or unanticipated inherent risks may exist, which could lead to injury or death. My participation in these Activities is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

(5) TOTAL RELEASE OF LIABILITY: PASSENGER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE COMPANY 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 ACTIVITIES, REGARDLESS OF THE CAUSE AND SPECIFICALLY INCLUDING PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF COMPANY AND ALL OTHER RISKS AND HAZARDS INCIDENT TO PARTICIPATING IN THE ACTIVITIES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.

(6) DISCLAIMER: The undersigned further waives liability against the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.  

(7) Limitations Period: No legal action may be brought by Passenger against Company for personal injury, illness, or death of the Passenger unless filed within one (1) year from the date of the injury, event, or death. Passenger expressly waives all other potentially applicable state or federal limitations periods. 

(8) Choice of Forum: It is agreed by and between the Passenger and Company that all disputes and matters whatsoever arising out of, in connection with, or incident to this Contract or the Activities shall be litigated, if at all, before the United States District Court for the Middle District of Florida, Fort Myers Division, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court of competent jurisdiction located in Collier County, Florida, to the exclusion of the Courts of any other county, state, or country. Passenger hereby consents to jurisdiction and waives any venue or other objection that Passenger may have to any such action or proceeding being brought in the United States District Court for the Middle District of Florida, Fort Myers Division or a court of competent jurisdiction located in Collier County, Florida. 

(9) Governing Law: Except as otherwise expressly provided for herein, this Contract and all disputes or claims whatsoever by Passenger arising from or related to this Contract shall in all respects and without regard to conflict of law principles, be governed and first construed in accordance with the General Maritime Law of the United States of America, and second in accordance with the Laws of the State of Florida to the extent that they apply and do not conflict with the General Maritime Law.

(10) Entirety: Except as otherwise expressly provided herein, this Contract constitutes the entire agreement between Company and Passenger and supersedes any other representations or agreements, whether oral or written, that may have been made relating to the subject matter of this Contract.

(11) Severability: If any term, condition, or provision of this Contract is determined in any jurisdiction to be invalid or unenforceable, for any reason, it shall be deemed severed from this Contract 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.



First Participant's Name
First Name*
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Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Participant's Date of Birth*
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Sixth Participant's Name
First Name*
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Seventh Participant's Name
First Name*
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Eighth Participant's Name
First Name*
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Participant's Date of Birth*
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Ninth Participant's Name
First Name*
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Participant's Date of Birth*
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Tenth Participant's Name
First Name*
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Participant's Date of Birth*
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Parent or Guardian's Email Address
Email*
Confirm Email*
Yes, please contact me with marketing messages
Remember: All Adults Must Sign

After you sign this waiver, please remind all other adults in your party that they must sign their own copy of this waiver as well. If you received this waiver in a confirmation email, please forward the waiver link in that email to the other adult participants.

NOTICE TO THE MINOR CHILD’S PARENT OR 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 COMPANY 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 COMPANY 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 COMPANY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.



By signing below the Parent or Natural Guardian agrees that they are also a Participant subject to all the terms of this Contract, as set forth above.

Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Parent or Guardian's Date of Birth*
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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