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lIAbility waiver and release agreement

Land-Based Shark Fishing Charter

MUST READ AND FILL OUT FORM BELOW

Hooked On Sharks LLC

Land-Based (Shore-Based) Shark Fishing — Release of Liability, Assumption of Risk, Indemnification & Participation Agreement

PLEASE READ CAREFULLY - THIS IS A LEGAL DOCUMENT

By signing this Agreement, I acknowledge that I have read, understand, and agree to the following terms and conditions regarding my participation in a guided, shore-based (land-based) shark fishing trip (the “Activity”) with Hooked On Sharks LLC (“Company”).

1. Activity Description & Participant Responsibilities

I understand the Activity involves shore-based angling that may include, without limitation: surf/beach fishing, use of heavy tackle and weights, baiting and casting, possible fishing in low-light/night conditions, landing and releasing sharks near the surf zone, and moving equipment along beaches.

I agree to:

  • Attend and follow the Company’s safety briefing and the guide’s instructions at all times.

  • Maintain safe awareness of other beachgoers and hazards.

  • Immediately inform the guide of any unsafe condition, injury, or medical issue.

2. Mandatory Legal Eligibility Requirements (NO EXCEPTIONS)

  • I understand and agree that I may not participate unless I meet all legal requirements applicable to shore-based shark fishing in Florida, including:

  • (A) Florida Saltwater Fishing License

  • I certify I have, and will carry, a valid Florida saltwater fishing license appropriate to my residency/status and method of fishing, and I will provide proof upon request. I understand failure to provide proof may result in denial of participation without refund. (Residents who fish only from shore may qualify for a no-cost shoreline license; non-residents must purchase a non-resident saltwater license unless otherwise covered by law.)

  • (B) Florida FWC Shore-Based Shark Fishing Course + Permit

  • I certify that before participating, I have completed the FWC Shark-Smart shore-based shark fishing educational course and obtained the no-cost Shore-based Shark Fishing permit, and I will carry proof and renew it annually as required. I understand the permit is required for shore-based shark anglers age 16+ and may apply based on gear and methods used.

  • (C) Compliance with All Laws and Beach Rules

  • I agree to comply with all federal, state, county, and municipal laws/rules, including posted beach rules and any directions from lifeguards, rangers, beach patrol, or law enforcement. I understand the Company is not law enforcement and cannot guarantee that any specific location will remain available due to enforcement actions, closures, weather, wildlife protection, or crowding.

  • I acknowledge: If I cannot prove compliance with the license/course/permit requirements, or if I refuse to follow instructions or laws, the Company may remove me from the Activity immediately and without refund.
     

3. Assumption of Risk (INHERENT RISKS OF SHORE-BASED SHARK FISHING)

  • I understand shore-based shark fishing is a high-risk outdoor activity with inherent dangers that cannot be eliminated. These risks include, but are not limited to:

  • Environmental / Beach & Water Risks

  • Waves/surf impact, rip currents, undertow, rogue waves, sudden drop-offs, slippery sand, and wading hazards

  • Lightning, severe weather, heat illness, dehydration, sun exposure, cold exposure, and changing tides

  • Hazardous structures (jetties, rocks, groins), shells, debris, broken glass, and trip hazards

  • Low-light/night fishing hazards and limited visibility

  • Fishing & Equipment Risks

  • Hooks (including large hooks), flying weights/leads, casting injuries, line cuts, leader snap-back, rod/reel failures

  • Knife/cutting tool injuries, punctures, abrasions, infections, tetanus risk

  • Entanglement hazards from line, leaders, ropes, sand spikes, and gear

  • Vehicle/traffic risks while transporting gear and crossing roads/parking areas

  • Wildlife / Shark-Handling Risks

  • Bites, strikes, tail-slaps, thrashing injuries, and sudden movement from sharks and other wildlife

  • Contact with fish spines/teeth, stingrays, jellyfish, crabs, and other marine life

  • Exposure to blood/bait and potential communicable disease risks from open wounds and environmental exposure

  • I acknowledge that serious injury, permanent disability, death, or property loss may occur, and I voluntarily assume all risks, known and unknown.

4. Safety Rules & Required Conduct (FOLLOW THE GUIDE)

I agree that safety depends on strict compliance with instructions and the following rules:

  • Follow guide instructions immediately (including when/where to cast, where to stand, when to approach the surf, and how to manage line/gear).

  • No alcohol or impairing drugs before or during the Activity. I agree the guide may remove me if impairment is suspected.

  • I will maintain a safe distance from other participants and beachgoers and will not cast or handle gear when unsafe.

  • I will not enter the water beyond what the guide authorizes and will not swim during the Activity.

  • I will wear any recommended safety gear (e.g., footwear, gloves) and use caution with hooks, knives, and weights.

  • I will keep the area orderly (no loose hooks/line/weights left unattended).

  • I will immediately report all injuries, even minor punctures/cuts, to the guide.

  • I understand that failure to follow safety rules increases the chance of severe injury and may result in immediate removal without refund.

5. FWC Shark Regulations & Conservation Compliance (INCLUDING “SHARK-SMART” PRACTICES)

I agree to comply with applicable Florida shark regulations and conservation requirements, including (as applicable):

  • Gear rules (including required circle hook and cutting-device requirements when targeting sharks with natural bait, and other shark gear requirements).

  • Chumming prohibition from the beach.

  • Handling and release practices, including keeping certain sharks in the water and releasing without delay when required, and using proper dehooking/cutting methods.

  • Species rules (including prohibited species requirements and treating unknown sharks as prohibited when unsure).

  • Sea turtle nesting/lighting requirements and any restrictions for protected wildlife and nesting areas; I will follow all lighting guidance and posted restrictions during nesting season and will not disturb wildlife.

I understand any violation of wildlife/fishing laws may result in citations/arrest and that I (not the Company) am responsible for my conduct and legal compliance.

6. Crowds, Swim Zones, and Official Instructions

I understand beaches may contain designated swim areas and lifeguarded zones, and fishing may be restricted in or near those areas. I agree to comply with posted signage and any instructions from beach patrol/lifeguards/officials regarding fishing location, safety, and closures.

7. Equipment Use, Damage, and Participant Property

Company Equipment (if provided)

If the Company provides equipment (rods, reels, leaders, sand spikes, dehookers, cutters, gloves, lights, etc.), I agree to:

  • Use it only as instructed

  • Return it in the same condition (normal wear excepted)

  • Reimburse the Company for loss/damage caused by my negligence, misuse, or failure to follow instructions
     

Participant Property

I understand I am responsible for my own personal property (phones, jewelry, vehicles, etc.) and the Company is not responsible for loss, theft, or damage.

8. Release of Liability & Waiver of Claims
 

To the fullest extent permitted by Florida law, I waive, release, and discharge Hooked On Sharks LLC and its owners, officers, guides, employees, agents, contractors, affiliates, and volunteers (“Released Parties”) from any and all claims arising out of or related to my participation in the Activity, including claims for:

  • Personal injury, illness, allergic reaction, disability, or death

  • Property loss or damage

  • Any negligence of the Released Parties except gross negligence or intentional misconduct (which cannot be waived under Florida law)
     

I understand that by signing this Agreement, I am giving up substantial legal rights.

 

9. Indemnification & Hold Harmless

I agree to defend, indemnify, and hold harmless the Released Parties from any claims, demands, actions, citations, penalties, losses, damages, or expenses (including reasonable attorney’s fees and costs) arising from:

  • My actions or omissions

  • My violation of any law, regulation, or posted rule

  • My failure to follow guide instructions or safety rules

  • Any claim I or anyone on my behalf brings contrary to this Agreement

10. Medical Representation & Emergency Authorization

I certify that I am physically and medically capable of participating. I understand the Activity may occur in areas where immediate medical assistance is not available.
 

In the event of an emergency, I authorize the Company to seek medical care for me. I accept full responsibility for all related costs (EMS, hospital, medication, etc.). I also authorize the Company to share relevant information with medical providers as needed for my treatment.

11. Weather, Wildlife, Safety Stops, and Cancellation Policy

I understand conditions may change rapidly. The Company may cancel, modify, relocate, pause, or end the Activity at any time for safety, weather, crowding, wildlife nesting/protection, equipment issues, or legal compliance concerns.
 

I understand the Company’s refund/reschedule policies apply as stated at booking. No refunds are required for denial of participation due to my failure to meet legal requirements (license/course/permit) or for removal due to noncompliance or unsafe behavior.

 

12. Photo & Video Release (CHOOSE ONE IN FORM BELOW)

I authorize Hooked On Sharks LLC to photograph and/or record me during the Activity and to use my likeness for lawful promotional purposes (website, social media, advertising).
 

Initial ONE:

  • ____ YES, I grant permission.

  • ____ NO, I do not grant permission (I understand the Company will make reasonable efforts to avoid featuring me, but incidental capture in public settings may occur).

13. Severability, Governing Law, Venue, and Entire Agreement

If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force.

This Agreement shall be governed by the laws of the State of Florida. Venue for any dispute arising from this Agreement shall be in the state courts located in Manatee County, Florida, or if exclusive venue is not permitted there, then in the nearest court of competent jurisdiction.

This Agreement constitutes the entire agreement regarding liability and risk for the Activity and supersedes any prior discussions or representations.

14. Participant Certification & Signature

By signing below, I certify that I:

  • Have read and understand this Agreement

  • Understand the risks and assume all risks of participation

  • Confirm I have the required Florida saltwater fishing license and have completed the required FWC Shore-based Shark Fishing course and permit

  • Agree to follow all guide instructions, safety rules, and all applicable laws/rules

  • Voluntarily sign this Agreement and waive legal rights

LIABILITY WAIVER AND RELEASE AGREEMENT FORM

Birthday
Month
Day
Year
I Have Read and Consent to the Liability Waiver and Release Agreement Above
YES
NO
I have or will have my Florida FWC Saltwater Fishing License at the time of the Charter
YES
NO
I have or will have my Florida FWC Shore-Based Shark Fishing Course Completed & Permit at the time of the Charter
YES
NO
I authorize Hooked On Sharks LLC to take photos or videos during the tour and grant permission for promotional use (social media, website, marketing materials).
YES, I grant permission
NO, I do not grant permission (I understand the Company will make reasonable efforts to avoid featuring me, but incidental capture in public settings may occur)
Is Participant is Under 18 (Parent/Guardian Required If YES)
YES
NO

Participant (Parent/Guardian for Minors) Signature (By signing below in the Signature box, I agree to the terms of this waiver and understand this acts the same as a legally binding handwritten signature)

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