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ASSUMPTION OF RISK, WAIVER OF LIABILITY, INDEMNIFICATION AND CONSENT

The undersigned acknowledges and consents to the following, in consideration for the participation in activities provided by PELAGIC RAPTORS CHARTERS LLC, (hereinafter referred to as "PELAGIC RAPTORS ") and MAKAIRA FISH COMPANY, (hereinafter referred to as "MAKAIRA”) including, but not limited to, charter boat cruising and fishing excursions. I acknowledge the following risks associated with charter boat cruising and fishing activities, including, but not limited to, swimming and snorkeling, boarding and disembarking vessels, natural hazards, such as sea conditions, weather conditions, temperature, sun, rain, lightning storms, presence of fishing equipment including but not limited to hooks, knives, gaffs, and other tools used while fishing within confined quarters of a vessel, and injuries which may occur while landing any marine life.

A. ASSUMPTION OF RISK / WAIVER OF LIABILITY

I acknowledge and assume the aforementioned risks, among others, of death, disability, personal injury, property damage, property theft, loss of property, or actions of any kind, which may result from the participation in the anticipated activities during any cruising and fishing excursion with PELAGIC RAPTORS and/or MAKAIRA, and which are not eliminated even if PELAGIC RAPTORS and/or MAKAIRA acts with due care, in a reasonably prudent manner, and therefore, by signing this agreement I agree on behalf of myself and my respective heirs, , spouse, family, estate, assignees, agents, affiliates or representatives to hold harmless and take no action, suit, claim, or demand for any sums of money, claims, or demands whatsoever, at law or in equity, against PELAGIC RAPTORS and/or MAKAIRA, its captain, crew, employees, officers, agents and independent contractors, and I agree on behalf of myself and my respective heirs, spouse, family, estate, assignees, agents, affiliates or representatives hereby voluntarily agree to waive, release, and discharge, PELAGIC RAPTORS and/or MAKAIRA, its captain, crew, employees, officers, agents and independent contractors, from any and all liability, for any and all claims of loss, damages, and injuries suffered while participating in any stage of an event involving PELAGIC RAPTORS and/or MAKAIRA, associated with or relating to or arising from any and all risks which occur while a participant.

I acknowledge that I have read the foregoing and fully understand the potential dangers incidental to engaging in this charter boat cruising and fishing excursion, and I am fully aware of the legal consequence in submitting this instrument, and I understand and agree that this document is legally binding and will preclude me, my respective heirs, spouse, family, estate, assignees, agents, affiliates or representatives from recovering monetary damages from PELAGIC RAPTORS and/or MAKAIRA for personal injury, property damage, or wrongful death caused by the negligence, gross or otherwise, of the released parties, whether passive or active.

B. INDEMNIFICATION

I hereby acknowledge that it is my sole responsibility to provide for any medical expenses or other attendant costs which may be incurred as a result of any injuries sustained while participating in the activities with PELAGIC RAPTORS and/or MAKAIRA.  I further acknowledge that I have adequate insurance to cover any injury or damage that I may suffer while participating in the charter boat, cruising, and/or fishing excursion and assume the risk of any medical or physical condition that I may have while participating in same.

I acknowledge my obligation to defend, indemnify, and hold PELAGIC RAPTORS and/or MAKAIRA, its captain, crew, employees, officers, agents and independent contractors harmless as to any and all claims of any nature, including all costs, expenses, and attorneys’ fees, which may in any manner result from or arise out of the services provided by or on behalf of PELAGIC RAPTORS and/or MAKAIRA.

C. CONSENT

I irrevocably consent to and authorize and, therefore, grant specific permission to PELAGIC RAPTORS and/or MAKAIRA to use my image and/or likeness for any purposes deemed appropriate by PELAGIC RAPTORS and/or MAKAIRA, including photographs and/or videotape, and to further use my face, likeness, voice, and appearance in connection with exhibits, publicity, and/or advertising and promotional materials, without reservation or limitation as to the duration of the consent.  All negatives, including digital images, shall constitute the property of PELAGIC RAPTORS and/or MAKAIRA, solely and completely.

The terms and conditions herein are intended to be as broad and inclusive as permitted by the laws of the State of Florida, and if any portion of this document is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  The undersigned further acknowledges that I am authorized to execute this Assumption of Risk, Waiver of Liability, Indemnification and Consent and that I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the laws of the State of Florida.

I understand that the electronically signed and stored copy of my signature, any written instruction or authorization, and any other document provided to me is considered to be the true, accurate, and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. I agree not to contest the admissibility or enforceability of the electronically stored copy of this document and any other documents.

Acknowledged, Signed, and Agreed:  

Date: July 26, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

Email*

Confirm Email*
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FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for the below-listed participant(s), do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, family, estate, assigns, next of kin, agents, affiliates or representatives, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in charter boat cruising and fishing excursions as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law. All minors must be accounted for that will be participating in the charter experience.



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*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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