BOAT CHARTER PASSENGER LIABILITY WAIVER & ASSUMPTION OF RISK

Please read this document carefully before signing. By signing this document, you may be waiving certain legal rights.

BOAT CHARTER PASSENGER LIABILITY WAIVER & RELEASE OF LIABILITY

Charter Company: ______________________________________

Captain: ______________________________________________

Charter Date: _________________________________________

Departure Location: ___________________________________

Destination: __________________________________________

Passenger Information

Full Name: ____________________________________________

Date of Birth: _________________________________________

Address: ______________________________________________

Phone Number: _________________________________________

Email: ________________________________________________

Emergency Contact: ____________________________________

Emergency Phone: ______________________________________

ACKNOWLEDGMENT OF RISKS

I understand that participating in a recreational boat charter involves inherent risks that cannot be completely eliminated. These risks include, but are not limited to:

• Changing weather conditions
• Rough water and waves
• Slippery decks and docks
• Boarding and disembarking injuries
• Falling overboard
• Drowning
• Collision with other vessels or objects
• Marine wildlife encounters
• Sun exposure, heat exhaustion, dehydration
• Seasickness
• Equipment failure
• Medical emergencies occurring while offshore
• Delays due to weather or mechanical issues

I voluntarily choose to participate despite these known and unknown risks.

ASSUMPTION OF RISK

I knowingly and voluntarily assume all risks associated with participating in this boat charter, whether foreseen or unforeseen.

I accept full responsibility for my own safety and agree to exercise reasonable care throughout the trip.

RELEASE OF LIABILITY

To the fullest extent permitted by applicable law, I release and hold harmless:

__________________________________________ (Company Name)

its owners, officers, employees, captains, crew members, agents, affiliates, volunteers, and contractors from any claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising from or related to:

• Personal injury
• Illness
• Property damage
• Loss of personal belongings
• Death
• Delays or trip cancellation
• Any accident occurring during boarding, while onboard, while swimming, or while disembarking

except to the extent prohibited by law.

MEDICAL AUTHORIZATION

I certify that I am physically capable of participating in this excursion.

I have disclosed any medical conditions that may affect my participation.

In the event of a medical emergency, I authorize the captain or crew to obtain emergency medical treatment on my behalf. I understand that I am responsible for all medical expenses incurred.

ALCOHOL & DRUG POLICY

I agree:

• Not to board while under the influence of illegal drugs.
• To consume alcohol responsibly if permitted by the captain.
• To follow all instructions regarding safe conduct onboard.
• To understand that intoxicated or unsafe passengers may be refused boarding or returned to shore without refund.

SAFETY RULES

I agree to:

• Follow all instructions given by the captain and crew.
• Wear a life jacket when instructed.
• Remain seated during hazardous conditions.
• Avoid unsafe behavior.
• Keep children under my supervision.
• Respect all marine wildlife and protected habitats.
• Not interfere with operation of the vessel.

Failure to follow safety instructions may result in termination of my participation without refund.

SWIMMING ACKNOWLEDGMENT (If Applicable)

If swimming, snorkeling, or wading is permitted during the excursion, I understand:

• There may be no lifeguard present.
• I participate entirely at my own risk.
• Ocean currents, tides, marine life, and underwater hazards exist.
• I am responsible for determining whether I am physically capable of entering the water.

WEATHER POLICY

I understand that:

• The captain has sole authority to determine whether weather conditions are safe.
• Trips may be delayed, modified, rescheduled, or cancelled due to weather, mechanical issues, or safety concerns.
• Safety decisions made by the captain are final.

PERSONAL PROPERTY

I understand that the charter company is not responsible for lost, stolen, or damaged personal property, including but not limited to:

• Cell phones
• Cameras
• Jewelry
• Clothing
• Coolers
• Fishing equipment
• Bags
• Electronic devices

PHOTO & VIDEO RELEASE (Optional)

☐ I authorize the charter company to use photographs or videos taken during the trip for promotional purposes.

☐ I do NOT authorize use of my image.

MINOR PASSENGERS

For passengers under 18 years of age:

I certify that I am the parent or legal guardian of the minor named below and consent to their participation under the terms of this waiver.

Minor's Name:

Parent/Guardian Name:

Signature:

GOVERNING LAW

This agreement shall be governed by the laws of the state in which the charter originates unless otherwise required by applicable federal maritime law.

If any provision of this agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGMENT

I certify that:

• I have carefully read this entire agreement.
• I fully understand its contents.
• I understand that I am giving up certain legal rights by signing it.
• I sign this agreement voluntarily and without coercion.

Passenger Signature

Printed Name: _______________________________________

Signature: __________________________________________

Date: _______________________________________________

Captain / Charter Representative

Printed Name: _______________________________________

Signature: __________________________________________

Date: _______________________________________________

Important Note

This is a general sample waiver and is not legal advice. Passenger liability waivers for boat charters may be subject to federal maritime law as well as state law. Before using this form for commercial operations, have it reviewed by an attorney familiar with maritime and admiralty law in the state where your charter business operates to help ensure it complies with applicable legal requirements and is appropriate for your specific services and insurance coverage.