ACKNOWLEDGMENT OF RISK, WAIVER OF LIABILITY,

INDEMNIFICATION, AND CONSENT

By booking and attending a charter, you agree to the following:

The undersigned acknowledges and consents to the following, in consideration for the participation in activities provided by Fish Eye Sport Fishing, Inc. (hereinafter referred to as “FishEye Sport”), including, but not limited to, charter boat fishing excursions and all related activities.  I acknowledge the following risks associated with charter boat and fishing activities, including, but not limited to, boarding and disembarking vessels, natural hazards, such as weather conditions, temperature, sun, rain, lightning storms, presence of 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.

RULES

I confirm that the following have been reviewed and fully understood:

ACKNOWLEDGMENT OF RISK / WAIVER OF LIABILITY

I acknowledge 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 the fishing excursion with FishEye Sport, and which are not eliminated even if FishEye Sport acts with due care, in a reasonably prudent manner, and therefore, I agree 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 Fish Eye Sport Fishing, Inc., its Captain, Crew, employees, and independent contractors, and I hereby waive, release, and discharge Fish Eye Sport Fishing, Inc., its Captain, Crew, employees, 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 FishEye Sport, 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 and/or 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 from recovering monetary damages from FishEye Sport for personal injury, property damage, or wrongful death caused by the negligence, gross or otherwise, of the released parties, whether passive or active.

The aforementioned Acknowledgment of Risk / Waiver of Liability shall continue in full force and effect until such time as revoked, in writing, by the undersigned, without limitation as to its duration.  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 Acknowledgment of Risk, Waiver of Liability, Indemnification, and Consent.

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 FishEye Sport.  I further acknowledge that I have adequate insurance to cover any injury or damage that I may suffer while participating in the boat charter and/or fishing expedition 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 Fish Eye Sport Fishing, Inc., its Captain, Crew, employees, 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 FishEye Sport.

CONSENT

I irrevocably consent to and authorize and, therefore, grant specific permission to FishEye Sport to use my image and/or likeness for any purposes deemed appropriate by FishEye Sport, 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 FishEye Sport, solely and completely.