1. I, the undersigned passenger of the Vessel, represent and warrant to Pelagic Color Charter Fishing Company, LLC (the “Company”) that I UNDERSTAND, AM AWARE OF, AND CONSCIOUSLY APPRECIATE that (a) there are inherent risks, conditions, and hazards involved with boating, fishing, and other related activities that I desire and intend to partake in for this event (“Charter”), including but not limited to: (i) boarding and disembarking the Vessel; (ii) equipment failure, (iii) perils of the sea, (iv) acts of other participants, (v) adverse sea and weather conditions (such as changing water flow, tides, current, wave action and ships’ wakes), (vi) collisions with other watercrafts, passengers, or objects, which may result in capsizing, sinking, or other hazard, (vii) exposure to the elements (which may result in wetness, hypothermia, drowning, sunburn, heatstroke, or dehydration), (viii) attack by or encounter with insects and marine life (such as sharks, large fish, or stingrays), and (ix) other unknown or unanticipated risks; and (b) such risks may result in serious bodily injury or death to me or any minors under my charge. ACKNOWLEDGING THE FOREGOING, I HEREBY KNOWINGLY AND VOLUNTARILY ASSUME SUCH RISKS ON BEHALF OF MYSELF AND ANY OF MY MINOR CHILDREN LISTED BELOW. I FURTHER UNDERSTAND THAT I HAVE THE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND THAT OF OTHERS, INCLUDING WITHOUT LIMITATION ANY MINORS UNDER MY CHARGE, AND I AGREE TO DO SO.
2. I assert that I am, and any minors under my charge are, physically fit to ride a boat, including the Vessel, and to conduct all activities intended to be conducted on the Vessel, including but not limited to recreational fishing. I understand that Charter fishing is not recommended for anyone with certain pre-existing medical conditions. I fully understand that the Vessel has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I/they/we can be transported to a proper medical facility. I agree in advance to these conditions.
3. The Company has made no representations to me, implied or otherwise, that the Company, the Vessel, or their captain or crew can or will perform safe rescues or render first aid. In the event I or any minors under my charge show signs of distress or call for aid, I would like assistance and, on behalf of myself and any minors under my charge, will not hold the Company or the Vessel, including their captain or crew, or other passengers, responsible for their actions in attempting the performance or rescue of first aid.
4. I, on behalf of myself, minors under my charge, my personal representatives, next of kin, administrators, heirs and assigns, HEREBY AGREE TO FOREVER DISCHARGE AND RELEASE the Company and its parents, subsidiaries, owners, directors, officers, managers, members, employees, contractors, agents, and affiliates (collectively, the “Released Parties”), from any and all liabilities, causes of action, injuries, death, losses, expenses, and/or damages to persons or property, including without limitation for attorney’s fees and costs (collectively, “Damages”), for any acts or omissions arising out of or resulting from my and/or my minor’s participation in this Charter and/or any related activities, whether or not resulting from any NEGLIGENCE or GROSS NEGLIGENCE of the Company, any of the other Released Parties or any other passengers or other persons. I further agree and covenant to NOT SUE, and hereby WAIVE all claims (including claims for Damages) that I and/or my minor(s) may have against any of the Released Parties for any injuries, losses, or damages, arising out of or resulting from my/their/our participation in this Charter, whether or not resulting from any NEGLIGENCE or GROSS NEGLIGENCE of any one or more of the Released Parties, other passengers or other persons.
5. I further specifically agree, on behalf of myself, minors under my charge, my personal representatives, next of kin, administrators, heirs and assigns, to INDEMNIFY, DEFEND, AND HOLD HARMLESS each of the Released Parties for any and all Damages (including, but not limited to, negligence and gross negligence) arising as a consequence of any incidents which may occur from my or my minor’s participation in any fishing or other recreational or related activities with or involving the Released Parties.
6. If I have listed any minor(s) name(s) below as attending the Charter, I represent and warrant to the Company that I am the legal guardian of such minor(s) and I bear full responsibility for such minor’s safety and actions at all times relating to the Charter.
7. I am aware of the novel coronavirus, COVID-19, worldwide pandemic. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. I understand that recommended social distancing and other protocols are not always available and/or possible aboard the Vessel. While I am / we are free to wear a mask, I understand the Vessel crew may not be wearing masks or taking other recommended precautions. Knowing this in advance, I am / we are not required to participate in the Charter, and my/our doing so is of my own free will. I understand that the Company cannot guarantee that I or any minors under my charge will not become infected with any disease, especially including COVID- 19.
8. This document is governed by the laws of the State of Florida, without regard to its choice-of-law principles. The exclusive venue for any action arising hereunder shall be in the state and federal courts located in Hillsborough County, Florida, and the parties hereby consent to the jurisdiction of such courts. In any action arising under or relating to this instrument, I hereby WAIVE ANY RIGHT TO A JURY TRIAL. I expressly intend this document to be as broad and inclusive as permitted by the law. If any provision herein is not enforceable for any reason, such provision shall be enforced the maximum extent possible, and in any event the remaining provisions hereof shall be enforced to the maximum extent.
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 RELEASEES USE 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 FROMRELEASEES 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 RELEASEE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I REPRESENT AND WARRANT THAT I HAVE READ THIS RELEASE, FULLY UNDERSTAND IT, ENTER INTO IT KNOWINGLY AND VOLUNTARILY, ACKNOWLEDGE I AM GIVING UP CERTAIN LEGAL RIGHTS, SUCH AS THE RIGHT TO SUE, AND AGREE TO BE BOUND BY ITS TERMS.
September 17, 2021
PHOTOGRAPHS AND VIDEO CONSENT AND RELEASE
In consideration for receiving the opportunity to participate in an advertising, promotion, or marketing campaign (the “Marketing Campaign”) of Pelagic Color Charter Fishing Company, LLC, its parent company, subsidiaries, and/or its affiliate companies (collectively, the “Company”) and other valuable consideration herein, the receipt of which is hereby acknowledged, the undersigned (referred to herein as “I,” “me,” or “my”) hereby irrevocably agrees, consents, and grants permission to the Company to photograph, film, videotape and otherwise record me, my appearance, actions, voice, sound effects and conversation, including without limitation quotes, paraphrases, sounds, and to depict, portray and represent me or my name, voice, recorded voice, picture, likeness, appearance, image, photograph, quote/ testimonial, place of residence (city and state), and other biographical information (collectively, “Appearance”), and to use all or any part of such Appearance for use in any advertisements or promotional materials created or distributed by Company or its designated agents.
I further grant Company the right and license to reproduce, use, exhibit, display, broadcast and distribute, and create derivative works of all or any part of its recordings of my Appearance, including, but not limited to, my picture, silhouette, and other reproductions of my likeness and voice, and any written transcript of any interview for any purpose (collectively, the “Recordings”). Company shall have the right to sell, license, make available, dispose of, or otherwise transfer all or any part of the Recordings to its clients, affiliates, and to third parties having a contractual relationship with Company. I represent and warrant to Company that all of the statements made by me within the Recordings are true and free from libel, obscenity, and other unlawful matters, that such statements represent my honest opinions, and that such statements do not infringe on the intellectual property or privacy rights of any other individual or entity. All such licenses herein are perpetual and royalty-free.
I further grant Company the right to edit, abridge, augment and/or title the Recordings, and/or create a compilation of my Appearance, in each case as it sees fit, and to translate the Recordings into languages other than English.
I acknowledge and agree that Company shall have all right, title, and interest in the Recordings, including, but not limited to, all copyrights throughout the world, and that I shall have no right to compensation or royalties for or related to the Recordings. I hereby irrevocably waive any “moral” or other rights of authorship (droit moral) in the Recordings which may accrue under the laws of any jurisdiction, and agree that the Recordings are and shall be a “work made for hire,” as that term is understood and interpreted under United States and international copyright laws. To the extent the foregoing is insufficient to place authorship and ownership of the Recordings, and all rights therein, in the Company, I hereby irrevocably and exclusively assign to the Company, without additional compensation, all right, title and interest in the Recordings and other works now or hereafter created containing the Recordings, including without limitation all copyright and associated rights (including without limitation all extension and renewals thereof throughout the universe in perpetuity) therein.
The foregoing rights granted to Company are perpetual, worldwide, and include the use of all or part of the Recordings in any medium, whether now in existence or later discovered, including, but not limited to, print, radio, broadcast and cable television, streaming media, digital ads, email, websites, the internet, broadband, computer or other device applications, audiocassettes, and videotapes, billboard.
This consent and license is given by me as an inducement for Company to publish, broadcast, and/or disseminate the Recordings, and I understand that Company will incur substantial expense in reliance on the foregoing consent and license. Notwithstanding the foregoing or anything in this Consent to the contrary, I acknowledge and agree that Company is not obligated to make use of all or any part of the Recordings or to exercise any of the rights granted to Company herein.
WAIVER, INDEMNITY AND RELEASE
I HEREBY WAIVE ANY RIGHT TO INSPECT OR APPROVE THE USE OF THE RECORDINGS OR ANY WRITTEN TRANSCRIPT OR IMAGE THEREOF. I FURTHER WAIVE ALL MORAL RIGHTS THAT MAY ARISE FROM THE RECORDINGS, AND ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION ARISING FROM OR RELATED TO THE USE OF THE RECORDINGS.
I HEREBY RELEASE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS AGENTS FROM AND AGAINST ANY CLAIMS, DAMAGES, OR LIABILITY ARISING FROM OR RELATED TO COMPANY’S USE OF ANY OR ALL OF THE RECORDINGS, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF DEFAMATION, INVASION OF PRIVACY, RIGHTS OF PUBLICITY, OR COPYRIGHT INFRINGEMENT, OR ANY MISUSE, DISTORTION, BLURRING, ALTERATION, OPTICAL ILLUSION OR USE IN COMPOSITE FORM THAT MAY OCCUR OR BE PRODUCED IN TAKING, PROCESSING, REDUCTION OR PRODUCTION OF THE FINISHED PRODUCT, ITS PUBLICATION, OR DISTRIBUTION. I FURTHER RELEASE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS AGENTS FROM ANY LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH MAY OCCUR DURING THE FILMING OR TAPING OF THE RECORDINGS OR MY TRAVEL TO AND FROM THE LOCATION OF SUCH FILMING OR TAPING.
I UNDERSTAND THAT THE COMPANY IS RELYING UPON THIS RELEASE AT ITS SUBSTANTIAL COST. I AGREE THAT I WILL NOT BRING SUIT IN LAW OR AT EQUITY AGAINST COMPANY OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES ON THE GROUNDS OF LIBEL, SLANDER, OR INVASION OF PRIVACY WITH REGARD TO ANY OF THE RECORDINGS OR COMPANY’S USE THEREOF.
By executing below, I represent and warrant to Company that I am 18 years of age or older and I am competent to contract in my own name. I have read this document before signing below, and I fully understand the contents, meaning and impact of this consent, waiver, indemnity and release. It is my express intent that this Consent and Release bind my family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf, to the extent they act on my behalf, and is deemed as a release, waiver, discharge, and covenant not to sue Company.
I acknowledge and agree that this Consent and Release shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, and that any mediation, suit, or other proceeding relating to this Consent and Release must be filed or entered into only in Manatee County, Florida. Any portion of this Release deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Release as a whole to the fullest extent permitted by law. In any action relating to this Consent and Release, I hereby UNCONDITIONALLY AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.
September 17, 2021