At Marine Life Charters LLC, d/b/a Southwest Florida Coastal Encounters, (SWFL Coastal Encounters) we take your privacy seriously. This policy applies to SWFL Costal Encounters and it governs any and all data collection and usage by use. Through the use of www.swflcoastalencounters.com, you are therefore consenting to the data collection procedures expressed in this policy. This policy outlines the types of personal information we collect, how we use it, and how we protect it.

SWFL Coastal Encounters uses its best efforts to protect your personal information. However, SWFL Coastal Encounters is not responsible or liable for the acquisition of your personal information by third parties without SWFL Coastal Encounters’ knowledge and SWFL Coastal Encounters has no control over anything that occurs on servers not controlled by SWFL Coastal Encounters. This Web site may have links to other sites not controlled by SWFL Coastal Encounters such as Facebook, Instagram, TikTok, FareHarbor and SWFL Coastal Encounters warrants no level of privacy protection from or by those other sites.

Personal Information We Collect

We collect Personal Information that you submit to us voluntarily. We collect personal information when you purchase tickets for our tours through our booking partner, FareHarbor. This information includes your name, email address, phone number, and payment details. We may also collect information you provide to us through email, social media, or our website’s contact form. If you elect not to disclose personal identifiable information to use, we reserve the right to not provide you with any products or services. We may receive Personal Information about you from other sources like telephone or telefax. We may add this information to the information we have already collected about you in order to improve solutions and services we provide.

How We Use Your Information

In general, Personal Information you submit to us is either to fulfill services and products you order, respond to requests that you make, process transactions, facilitate your request for a quote or to aid us in serving you better. We will not share your Personal Information with other businesses unless (i) we feel they can better fulfill your consultation or service request, or (ii) necessary for us to perform or fulfill the products and services your order from us, or (iii) unless the business is providing products or services to us. We may use your Personal Information to provide you with electronic newsletters, promotional e-mails, surveys or reviews as well as information and offers about our products and services, however, you may “opt-out” at any time by following the unsubscribe instruction provided in the e-mail or replying with “unsubscribe” if no unsubscribe instructions are available.

Disclosure of Personal Information

We do not sell your Personal Information to third parties, but we may pass your information along to a third party if we feel they can better fulfill your consultation or service request or if SWFL Coastal Encounters is unable to provide services due to unforeseen circumstances. In order to build the solutions for you, we may engage third parties to assist us, and, in connection with such assistance, we may provide them with Personal Information that you have provided and that is necessary for them to assist us. We also use third parties to maintain and store your Personal Information and to process any payment you make to us. Generally, these parties are required not to use your Personal Information other than to provide the services requested by us.

If our company or our assets are acquired by another company, that company will posses the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Statement. We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us or users of our websites or our customers’ websites.

How We Protect Your Information

We take the security of your personal information seriously and have implemented industry-standard security measures to protect it. We store your information securely and limit access to only those who need it to perform their job duties.

Communications

In the event that you communicate any information, feedback, data, questions, comments, suggestions or other items to SWFL Coastal Encounters regarding SWFL Coastal Encounters, this site and its contents, or the services offered on this site, any such communication shall be deemed not to be confidential and shall become the property of SWFL Coastal Encounters. SWFL Coastal Encounters shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. SWFL Coastal Encounters shall also have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication in any manner and for any purpose whatsoever including, but not limited to, developing, and marketing products or providing services.

Links to Other Sites

Our provision of a link to any other website location, includes websites we have created for third parties, websites we host for third parties, websites linked to in our portfolio, and content or blog is for your convenience and does signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Security

We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No company, including us, can fully eliminate security risks associated with Personal Information.

Your Rights

You have the right to access, update, and delete your personal information at any time. You may also request that we stop sending you marketing emails. Please contact us captainapril@swflcostalencounters.com to exercise these rights.

Regarding Minors

Our websites are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.

Changes to this Policy

We may update this privacy policy from time to time to reflect changes in our practices or legal obligations. We encourage you to review this policy periodically to stay informed about how we protect your personal information.

Choice of Law

If you choose to visit our website or use our products or services, any dispute over privacy is subject to this Privacy Policy as governed by the laws of the State of Florida.

Contact Us

If you have any questions or concerns about our privacy policy or the way we handle your personal information, please contact us at captainapril@swflcostalencounters.com.

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CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT


Review SWFL Coastal Encounters Privacy Policy

IN CONSIDERATION of being permitted to participate in the charter provided by Marine Life Charters LLC d/b/a Southwest Florida Coastal Encounters for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

ACKNOWLEDGEMENT OF RISKS

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazard which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) tripping or slipping hazards due to uneven or wet decks, docks and/or steps.

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I specifically acknowledge that I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically/mentally able to participate in the charter which I am about to engage. Please refer to the question about equipment in FAQs on www.swflcoastalencounters.com for a summary of the equipment that could be used. 


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I understand that past or present medical conditions may be contraindicative to my participation in the charter. I affirm that I am not currently suffering from a cold or congestion or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions (e.g., cardiovascular disease, angina, heart attack). I further affirm that I do not have a history of respiratory problems (e.g., emphysema or tuberculosis). I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

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CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY

I fully agree to assume all responsibility for all the risks of Marine Life Charters LLC d/b/a Southwest Florida Coastal Encounters, to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.

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This Agreement shall be governed by the laws of The United States of America. Any legal action relating to or arising out of this agreement against or with respect to Marine Life Charters LLC d/b/a Southwest Florida Coastal Encounters shall be commenced exclusively in The Unites States of America. Any legal action relating to or arising out of this Agreement against or with respect to any of it, Marine Life Charters LLC d/b/a Southwest Florida Coastal Encounters affiliated or related companies shall be commenced exclusively in the Lee County Clerk of the Court. I agree that I will reimburse in full any attorney fees incurred by the assured or their Insurers to defend any legal action under this agreement.

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I HEREBY RELEASE MARINE LIFE CHARTERS, LLC D/B/A SOUTHWEST FLORIDA COASTAL ENCOUNTERS, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, EACH AND EVERY CRUISELINE OR COMPANY WHO FACILITATED PARTICIPATION AND/OR PURCHASE OF TICKETS, OR FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).

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I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the charterer, the operator named above, or their employees, agents, servants or assigns. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).

I Agree

February 22, 2025

First Passenger's Name

First Name*

Last Name*

Phone*
First Passenger's Date of Birth*
First Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
First Passenger's Signature*
Second Passenger's Name

First Name*

Last Name*
Second Passenger's Date of Birth*
Second Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Third Passenger's Name

First Name*

Last Name*
Third Passenger's Date of Birth*
Third Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Fourth Passenger's Name

First Name*

Last Name*
Fourth Passenger's Date of Birth*
Fourth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Fifth Passenger's Name

First Name*

Last Name*
Fifth Passenger's Date of Birth*
Fifth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Sixth Passenger's Name

First Name*

Last Name*
Sixth Passenger's Date of Birth*
Sixth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Seventh Passenger's Name

First Name*

Last Name*
Seventh Passenger's Date of Birth*
Seventh Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Eighth Passenger's Name

First Name*

Last Name*
Eighth Passenger's Date of Birth*
Eighth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Ninth Passenger's Name

First Name*

Last Name*
Ninth Passenger's Date of Birth*
Ninth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Tenth Passenger's Name

First Name*

Last Name*
Tenth Passenger's Date of Birth*
Tenth Passenger's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
Parent or Guardian's Email Address

Email*

Confirm Email*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
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*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Weight (for Life Jacket)
Indicate Weight Range *
0-40 lbs
41-90 lbs
More than 90 lbs
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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