Millertyme Fishing Charters

In consideration of being permitted to participate in fishing charter activities provided by Millertyme Fishing Charters (hereinafter referred to as "The Company"), including but not limited to, fishing, boating, transportation to and from fishing sites, and all related activities (collectively, the "Activities"), the undersigned Participant (hereinafter "Participant"), for themselves, their heirs, assigns, personal representatives, and estate, hereby agrees to the following:

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Participant understands and acknowledges that the Activities involve inherent, known, and unanticipated risks that could result in physical or emotional injury, paralysis, disability, death, or damage to Participant, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.

Participant fully understands and assumes ALL RISKS AND HAZARDS associated with inshore and offshore fishing, general boating, and all related activities, including, but not limited to, the following:

• Environmental & Weather Risks: Exposure to sun, heat, cold, rain, lightning, sea spray, changing weather conditions, and other natural elements.

• Vessel Movement & Condition: Seasickness, pitching and rolling of the vessel, slippery and wet decks, uneven surfaces, and potential for falls or impacts due to vessel movement.

• Boarding & Disembarking: Injuries (internal or external) from boarding, disembarking, or moving about the vessel.

• Fishing Equipment & Activity: Injuries from fish (e.g., bites, stings, spines), fishing hooks, lines, rods, reels, gaffs, nets, knives, bait, and other fishing tackle or gear. Risk of cuts, punctures, entanglement, or impalement.

• Water & Marine Life: Risks associated with being on or near open water, including falling overboard, drowning, collisions with other vessels or objects, and encounters with marine life (e.g., sharks, jellyfish, barracudas).

• Remote Location: The Activities may take place in remote areas where immediate medical assistance or emergency response may be delayed or unavailable.

• Actions of Others: Risks arising from the actions, negligence, or inactions of other participants, crew members, or third parties.

• Pre-existing Conditions: Any medical conditions, physical limitations, or allergies that Participant may have, which could be aggravated by or interfere with participation in the Activities.

PARTICIPANT EXPRESSLY AGREES AND PROMISES TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISKS OF INJURY, DEATH, ILLNESS, OR DISEASE, OR DAMAGE TO SELF, TO OTHERS, OR TO PROPERTY, ARISING FROM PARTICIPATION IN THE ACTIVITIES. Participation in the Activities is purely voluntary, and Participant elects to participate in spite of the risks.

2. RELEASE AND WAIVER OF LIABILITY

Participant hereby voluntarily releases, forever discharges, and agrees not to sue The Company, its owners, officers, directors, employees, agents, contractors, volunteers, affiliates, and the vessel's captain and crew (collectively, the "Released Parties") from any and all claims, demands, or causes of action, which are in any way connected with Participant’s participation in the Activities or use of The Company's equipment or facilities, INCLUDING ANY CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW.

Participant understands that this release means they are giving up their right to bring any claim or lawsuit against the Released Parties for any personal injuries, property damage, or wrongful death, whether caused by negligence or otherwise, arising from the Activities.

3. INDEMNIFICATION AND HOLD HARMLESS

Participant further agrees to INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all liabilities, costs, expenses, claims, and damages whatsoever (including reasonable attorneys’ fees) that may be incurred by the Released Parties as a result of, or in any way related to, Participant's participation in the Activities, including any claims made by third parties arising from Participant's actions or inactions during the Activities.

4. HEALTH AND PHYSICAL CONDITION

Participant certifies that they are physically fit and have no medical conditions (including but not limited to circulatory problems, high blood pressure, heart conditions, pregnancy, weak bones, knee, back or ankle problems, diabetes, or other illnesses) that could interfere with their safety or ability to participate in the Activities. Participant assumes the risk of any medical or physical condition that they may have while participating in the Activities. Participant understands that The Company and its crew are not medically trained to handle all emergencies.

Participant certifies that they have sufficient health, accident, and liability insurance to cover any bodily injury or property damage they may incur or cause while participating in the Activities, or otherwise agrees to bear the costs of such injury or damage themselves.

5. PERSONAL FLOTATION DEVICES (PFDS)

Participant acknowledges that personal flotation devices (life jackets) will be provided and are available for use. Participant understands that they are advised and encouraged to wear a PFD at all times while on the vessel, at the marina, or at the launch area, or when otherwise instructed by the Captain or crew. Participant understands that failure to wear a PFD is at their own risk.

6. PHOTO/VIDEO RELEASE (OPTIONAL - REMOVE IF NOT APPLICABLE)

Participant irrevocably consents to and authorizes The Company to use their image and/or likeness for any purposes deemed appropriate by The Company, including photographs and/or videotape, and to further use their face, likeness, voice, and appearance in connection with exhibits, marketing, and promotional materials. All negatives, including digital images, shall constitute the property of The Company, solely and completely.

7. MINORS (IF APPLICABLE)

If the Participant is under the age of eighteen (18), a parent or legal guardian must also sign below. The undersigned parent/guardian hereby certifies that they are the legal parent or guardian of the minor Participant, and they have read, understood, and agree to the terms of this Agreement on behalf of themselves and the minor Participant. The parent/guardian assumes all risks and liabilities for the minor Participant's involvement in the Activities.

8. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. If any portion of this document is held invalid or unenforceable, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND VOLUNTARILY SIGNS IT, ACKNOWLEDGING THAT IT AFFECTS THEIR LEGAL RIGHTS AND AGREEING TO BE BOUND BY ITS TERMS FROM THE DATE OF SIGNATURE, FOREVER INTO THE FUTURE.