PLEASE -- READ CAREFULLY every word printed or written on this document. By signing this document, YOU waive and release, and agree to hold harmless, defend and indemnify Island Fly LLC. from any and all liability, actions, causes of action, debts, claims, and demands of every kind and nature whatsoever, present or future, which may arise out of or in connection with my participation, whether as a result of negligence or otherwise, to the full extent allowed under the law. For all purposes herein, Island Fly LLC. includes the corporation, its officers, guides, agents, employees, contractors, attorneys, advisors, successors, heirs, personal representatives, devisees, assigns, owners, directors, and all other persons or entities acting in any capacity on behalf of Island Fly LLC.
The terms of this Release shall serve as an acceptance and assumption of all risk by me, my heirs, assigns, executors, administrators, personal representative(s), and estate, to the full extent allowed under the law.
CHARTER FISHING TRIPS, FISHING LESSONS, OR “HOSTED TRIPS” TO DOMESTIC OR INTERNATIONAL DESTINATIONS (hereafter “Excursion”) with ISLAND FLY LLC.,scheduled to occur on (the "Excursion").
I, (hereinafter "I" or "Releasor"), fully realize the dangers and risks, hazards, known and unknown, anticipated, and unanticipated, that may result from my participation in an Island Fly LLC. Excursion.
I. These risks, dangers, and hazards may exist in without nearby medical facilities and include (but are not limited to): bodily injury, death, and/or property damage arising from, or related to, boating, fishing, small airplane and/or vehicle transport/travel, and water-related activities, including, but not limited to, operating, or riding on a vessel: with uneven and hazardous and / or slippery surfaces; with fishing gear that includes wire, rope and line, and sharp fish hooks and/or sharp knives; in a seaway that may be prone to the sudden and unstable effects of wind, waves, and weather; in shoal waters and surf conditions; within foreign borders with unfamiliar laws, with the potential for political instability, or other threat to you, in close physical proximity to potentially dangerous aquatic and other wildlife, in close physical proximity to other persons that may allow for transmission of communicable diseases, including, but not limited to SARS-CoV-2(COVID-19).
II. I freely assume and accept full responsibility for any risks associated with such participation including, by way of example, and not limitation, the following: tripping, slipping, and / or falling on the vessel or overboard; a collision with stationary or moving objects or other vessels; surface hazards, hidden dangers, or imperfections in the surface of the vessel; swinging fishing lines, ropes, hooks, and rods; sharp knives; equipment failure, including safety equipment; and weather conditions; slippery or uneven surfaces; and the possibility of serious physical and/or mental trauma and/or injury, exposure to natural elements; acts of negligence by Island Fly LLC. or third parties; forces of nature; and include the possibility of death associated with such participation.
III. I assert and warrant that I am physically fit and capable of engaging in the Island Fly LLC. fishing charter, lesson, or hosted trip (regardless of destination). I fully understand that the captain and crew of any vessel utilized (including aircraft, boat, or motor vehicle) may have limited medical training and the vessel(s) used on the fishing charter, lesson, or hosted trip (regardless of destination) has limited medical equipment and / or facilities (especially when traveling internationally). I fully understand that in the event of accident, illness, or injury, competent treatment at a medical facility may be difficult, impossible, and/ or delayed by many hours or days. In addition, I understand that in the event of a medical emergency with a known or anticipated delay in definitive medical care, appropriate emergency care may be provided by Island Fly LLC. staff.
IV. I acknowledge that my enjoyment of the Island Fly LLC. Excursion is derived in part from the existence of risks, dangers, and hazards. I know that the risks, dangers, and hazards involved with the Island Fly LLC. Excursion are impossible to eliminate, and that Island Fly LLC. does not and cannot guarantee my or my property’s safety. I represent that I have no mental, physical, or emotional condition or limitation or other health issue that might limit my ability to participate in the Island Fly LLC. Excursion. I acknowledge that I am responsible for my, and my property’s, safety during the Excursion.
V. I understand and agree that, at the sole discretion of Island Fly LLC., I may be required to cease participation in the Excursion and/or to be removed from the Excursion if Island Fly LLC. believes that my participation or presence may be detrimental to me or other participants. Under these circumstances, Island Fly LLC. will not refund any costs or expenses associated with my participation (including without limitation travel, food, or lodging costs) whether paid by me or on my behalf to Island Fly LLC. or any third party, and I will be solely responsible for all costs and expenses incurred in ceasing participation in and being removed from the Excursion. I understand and agree that I am to be financially responsible for any medical treatment and/or emergency evacuation.
VI. I understand and agree that Island Fly LLC., in its sole discretion, may make equipment, facilities, services, personnel, and schedule or location changes when reasonably necessary for the safety and enjoyment of participants in the Excursion.
VII. I understand that other Excursion participants, professional photographers, or Island Fly LLC., may wish to make photographic or video records of the Excursion for personal and promotional purposes, and I hereby grant permission for them to do so without recourse and without compensation to me.
VIII. I agree that this Release shall be construed in accordance with, and governed by, the laws of the state of New Jersey, without references to principles governing choice or conflicts of laws. In addition, I agree that all lawsuits against Island Fly LLC. arising out of this Release or my participation in the Excursion must be maintained in state court sitting in New Jersey, and I consent and agree that jurisdiction and venue for such proceedings shall lie exclusively with such court. If any portion of this Release is found to be unenforceable, the remaining terms shall be fully enforceable.
IX. I understand that this Release is the entire agreement between myself and Island Fly LLC. concerning the matters set forth herein, and that it cannot be modified or changed in any way by oral or written representations or statements made before or after my execution of this Release.
With the full knowledge and understanding of the risk of serious physical or emotional injury or death to myself or to third parties, or damage to property, resulting from my participation in an Island Fly LLC. Excursion, I freely and voluntarily accept and assume, to the full extent allowed under the law, all of the risks, dangers, and hazards, whether or not expressly described herein, including the risk that I may suffer temporary, permanent, or even fatal injuries.
In consideration of the services provided by Island Fly LLC., I unconditionally waive and release, and agree to hold harmless, defend and indemnify Island Fly LLC. from any and all liability, actions, causes of action, debts, claims, and demands of every kind and nature whatsoever, present or future, which may arise out of or in connection with my participation, whether as a result of negligence or otherwise, to the full extent allowed under the law. The terms of this Release shall serve as an acceptance and assumption of all risk by me, my heirs, assigns, executors, administrators, personal representative(s), and estate, to the full extent allowed under the law.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING AGREEMENT, THE UNDERSIGNED SIGNIFIES HIS/HER ASSENT TO THE ABOVE TERMS BY SIGNING BELOW:
ISLAND FLY LLC.
RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT
I have read this RELEASE AND WAIVER OF LIABILITY and hereby understand and agree that I am giving up substantial rights by signing it and intend my signature to be a complete and unconditional release of all liability. I further understand and agree that this Agreement extends to all acts of negligence or omissions by the Releasees, and is intended to be as broad and inclusive as is permitted by law, including, but not limited to, the laws of the State of New Jersey.
Date: December 6, 2023