Fishing Waiver Captain Benjamin Ross and SPI Fishing Charters, LLC require that each charter participant, along with the parent or guardian of minor participants, be familiar with and agree to the following legally binding waiver. If you have any questions regarding the contents, please contact Captain Benjamin before signing. This form must be completed before the charter begins. I understand that Saltwater fishing and boating is a dangerous and hazardous activity, and even if I do everything correctly, I am at risk for injury or death. Knowing these things, I freely choose to participate. The undersigned hereby releases waives, discharges, and agrees not to sue or hold responsible SPI Fishing Charters, LLC, Benjamin D Ross, or any crew members or business associates (hereafter referred to as Releasers) from all liability including, but not limited to, personal injury, health problems, wrongful death, death, property loss, property damage, any loss, and any claim – whether caused by the negligence of the Releasees or otherwise.
In the event a participant becomes "seasick" and wants to return to port, the captain will return to port if all participants agree. However, SPI Fishing Charters will not grant any refunds due to individuals becoming "seasick" and returning to port prematurely. Participants will forfeit their right to a refund.
The undersigned hereby agrees to indemnify, defend, save and hold harmless the Releasers from any losses, liability, damage, or cost they may incur due to activities by the undersigned associated with fishing & boating charters, including but not limited to activities of the undersigned on the Releasers property, the marina, boat launch, access site, state of Texas property, lodging facilities, or while traveling to or from the fishing/boating charter – whether caused by the negligence of the Releasees or otherwise. The undersigned hereby assumes full responsibility for risk of bodily injury, death, and property loss, or property damage due to the negligence of Releasers or otherwise. The undersigned agrees to allow the Releasers to use photos of the undersigned in any printed and electronic publications without compensation to the undersigned. Photos taken on the Releasers camera are the property of the Releasers and may not be used for any publication purposes without written permission from the Releasers—release, and Waiver of Liability and Indemnity Agreement.
The undersigned further expressly agrees that the preceding release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the state of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The undersigned agrees that this document legally binds on the undersigned's spouse, children, heirs, next of kin, executors, administrators, and assigned parties. The undersigned has reviewed the Releasers business policies and agrees to abide by those terms and conditions of service. By sighing below, the undersigned agrees to the release and waiver of liability and indemnity agreement and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.