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WAIVER AND RELEASE

*******Note: You may not sign on behalf of a Minor unless you are a parent or legal guardian. Grandparents, and other relatives, or friends of the minor are NOT legally authorized to sign.

TERMS OF WAIVER AND RELEASE

I (AND/OR any MINOR CHILD/CHILDREN listed below, if applicable) are Customer(s) or Guest Passengers(s) scheduled for a Charter aboard the vessel Fishslayer out of Cotuit, Massachusetts.

I understand that riding on any motor vessel upon the ocean or other waterways always carries certain potential risks. These risks include, but are not limited to, injuries associated with weather conditions (including sudden or unanticipated extreme weather conditions); moisture and/or water on deck(s); ordinary or extreme wave action that is present upon the water and can result in occurrences including but not limited to slips, trips, loss of balance and falls. I understand that water-related activities also include risks including, but not limited to, drowning in the event a passenger falls from, jumps from or is ejected from the vessel.

With regard to fishing charters, I understand that certain equipment will be in use during the Charter including fishing rods and reels that are outfitted with lures with fishing hooks and/or that gaffs may be deployed in order to catch fish. Similarly, sharp implements including fishing knives should be expected to be present and/or in use on the vessel. Certain fish such as bluefish, have teeth and can cause injury including but not limited to nips, cuts and scrapes when handled.

Safety of the Customer and Guest Occupants is a priority of the Captain and will be enhanced by following the these rules:

1. The Customer and all Guest Passengers must follow the instructions of the Captain at all times and must use common sense to ensure their safety and the safety of others.

2. All minors shall be under the direction and supervision of a parent or other responsible adult which is either the Customer or a Guest / Occupant of the Vessel. Babysitting / Childsitting service is not provided by the Captain.

3, All children age 12 and under must wear and appropriate life jacket at all times;

4. No running on the vessel;

5. No jumping from the vessel;

6. Always be aware of your surroundings, the location of people around you, and the type of the equipment you (or they) are using including whether fishing hooks or other sharp implements are present or in use.

7. Know your own physical limitations. For example, individuals with balance issues should take particular care in moving on the boat, especially when the boat is in motion.

8. Do not come aboard if you are impaired in your ability to safely ambulate on the boat or to make safe decisions such as if you are under the influence of alcohol or prescription or non-prescription drugs;

Despite all known, potential or even unknown risks, including but not limited to any risk of serious personal injury that may be sustained while aboard the Charter, I on behalf of myself and all individuals named herein including named minor children, and their respective heirs assigns, personal representatives and estates, hereby expressly, voluntarily and unconditionally agree to release, relinquish, waive, hold harmless, forever discharge, and covenant not to sue the Captain, Aidan Kelly, Fishslayer Charters (and any successor corporation), their agents, employees or subcontractors; owners of the vessel or any equipment aboard the vessel; and the insurers of all of the foregoing people and/or entities. (hereinafter collectively the “RELEASEES”). This release is a General Release for all liability of the RELEASEES for any causes of action, suits, sums of money, controversies, damages, judgments, claims or demands, whatsoever in law or in equity including, but not limited to any claims alleging negligent acts or omissions committed by the RELEASEES while participating in any Charter activities and/or using any fishing equipment regardless of how the claim or accident occurs, or is alleged to have occurred, during the Charter including but not limited to boarding and disembarking from the vessel, as well as the providing of any rescue or first aid to any Customer of Guest Passenger or other party associated with the Charter’s operations.

With regard to property damage, I agree that RELEASEES are not responsible for Customer’s or Guest’s personal property brought aboard which sustains any damage including, but not limited to water-based damage to items such as cellular phones or other electronics or to any personal effects which the Customer or guest might drop or lose over the side of the vessel.

I accept sole responsibility for my own conduct and actions and the actions of any minors for whom I am responsible.

I understand that by signing this document I am waiving certain legal rights for myself any minors named herein, including waiving the right to bring claims as stated in this agreement I represent that I am authorized to sign this document on behalf of myself, and any minors named herein, and that I am authorized to waive rights against the RELEASEES on behalf of myself and any named minors.

By signing below, I acknowledge and confirm, on behalf of myself and all minor individuals named herein on whose behalf I am authorized to sign, that I that I have read the Safety Rules and understand and agree to abide by the instructions of the Captain and that I have explained these rules to any minor under my custody or supervision.

***** I acknowledge for myself and any minors I am signing on behalf of that I / we are voluntarily participating in this Charter and that Charters have inherent risks and dangers. I am voluntarily assuming any risks associated with this activity. I understand that I am free to choose not to sign this Release and Waiver Agreement, however, I and any minor’s for whom I am responsible will NOT be permitted aboard the Charter if I elect not to sign this waiver and release.

******* By signing this agreement, whether in paper or electronic form, I certify that I had a reasonable opportunity to read and understand the entire agreement, that I had the right to consult with legal counsel and to the extent I have not done so, I have waived the right to do so; and that I knowingly and voluntarily agree to be bound by the terms of this agreement and to bind those minors on whose behalf I am authorized to sign.

SIGNED THIS DAY OF August 2, 2025, ON BEHALF OF MYSELF, AS WELL AS AS PARENT OR LEGAL GUARDIAN OF ANY MINOR GUEST OCCUPANTS LISTED IN THE AGREEMENT BELOW.

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
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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