Liability Waiver

RELEASE OF LIABILITY, ASSUMPTION OF RISK AND WAIVER OF CERTAIN LEGAL RIGHTS

Fields marked with an * are required

This form must be completed prior to boarding.

Related Parties and Risks

I, the undersigned, in consideration of the service of Clean Fun Fishing, Justin Coghlan, its officers, employees, contractors, agents, or representatives, hereby agree to release and hold harmless Clean Fun Fishing, Justin Coghlan, Patriot Boats, guides, their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, contractors, members and shareholders (hereinafter “Released Parties”) on behalf of myself, my heirs, assigns, personal representative and estate as follows: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage, or damage to myself, to my property, or to spectators or other third parties.

The following describes some, but not all those risks. Risks include, but are not limited to: death, drowning, bodily injury, sunburn, dehydration, insect or animal bites, encounters with wildlife, water conditions, tides, currents, wakes, collisions, slip and falls and other harm which may be encountered in participating in wading, boating, guided and unguided fishing, and those activities associated therewith (hereinafter “the Activity”). I expressly agree and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage to myself, to others, or to my property, arising from my participation in the Activity. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I engage in the Activity, I will have no right to make claim or file a lawsuit against the Released Parties.

Physical Health

To the best of my knowledge I, the client, have no physical restrictions which would prohibit my participation in the Activity, including fishing, boating, boarding or disembarking the vessel, or consuming food or beverage prepared by the Clean Fun Fishing, Justin Coghlan or their representatives. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in the Activity and to cover bodily injury or property damage caused to a third party as a result of my participation in the Activity. If I have no insurance, I certify that I am capable of personally paying for expenses or liabilities. Should emergency medical services become necessary to me or any minor I have authorized to participate, I agree that I will not hold the Released Parties liable regarding the provision of medical and/or emergency care or the adequacy of any such care. The Released Parties reserve the right to decline service to any person it judges incapable of meeting the requirements of participating in the Activity.

Personal Flotation Devices/Life Jackets

I acknowledge that Clean Fun Fishing will provide life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel, at the marina or launch area, or when otherwise instructed to do so. Failure to do so is at my/our own risk. In a motorboat under power, an appropriate life jacket must be worn at all times without exception.

Hold Harmless, Release, Assumption of Risk and Indemnification

I understand and acknowledge that the Activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. I expressly agree, and promise to accept and assume all risks while I engage in the Activity, and agree that I will have no right to make a claim or file a lawsuit against Clean Fun Fishing, Justin Coghlan, or its officers, contractors, agents, or employees. By signing this Agreement I, myself, or as parent or guardian of any accompanying minor, unconditionally agree to hold harmless, release, defend and indemnify the Released Parties against and for all liability, cost, expenses, claims and damages for which the Released Parties might otherwise become liable by reason of any accident, illness or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with or related to participation in the Activity, regardless of how, where, or when such injury, illness, death or damage occurs even if caused by the negligence of the Released Parties or due to conditions, defects in the vessel, equipment or activities.

Covid-19 Statement

In light of the global COVID-19 pandemic, Clean Fun Fishing is taking precautions and will continue to follow local and state regulations. You understand and acknowledge that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless the Released Parties for any matters related to COVID-19

Consent To Be Filmed

I understand and acknowledge that part or all of my trip with Clean Fun Fishing, Justin Coghlan, or its officers, contractors, agents, or employees may be filmed and published on the internet or social media such as Facebook, Youtube, Instagram. By signing this Agreement I, myself, or as parent or guardian of any accompanying minor, unconditionally agree to be filmed or photographed for the sole purpose of documenting this fishing trip.

Forum Selection

This agreement shall be governed by the laws of the State of Texas and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the state court located in Nueces County, Texas or Federal Court sitting in Texas and the undersigned expressly agree and consent to jurisdiction of said courts.

Miscellaneous

This Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; b) The undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

I agree and acknowledge that I have read and fully understand the contents of this entire document, understand that it affects my legal rights, and agree to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon myself, my respective heirs, successors, and assigns. I execute it voluntarily with full knowledge of its significance and grant permission for Clean Fun Fishing to communicate with me by phone, text, and email.