Terms & Conditions
I, CAPTAIN KEITH GRIVOIS (hereby referred to as Captain), promise and certify that I have a Captain’s License issued by the U.S. Coast Guard and I am legally qualified to take passengers on fishing Charters in the coastal and off-shore waters of Florida. I promise not to take any unnecessary risks and I will strive to avoid bad weather and conditions whenever reasonably possible. My goal is to make your trip successful, memorable, and safe.
I (hereby referred to as I/We, Me), the person requesting a fishing charter trip (hereby referred to Charter) online, by phone, or in person, agree to the following terms on behalf of myself and anyone whom I’ve invited to join me on this Charter (hereby referred to as My Party). I/We accept full responsibility for communicating the terms of this agreement to other members of My Party (or their legal parent or guardian in the case of persons under the age of 18 years) and confirming that all members of My Party (or a parent or legal guardian who is legally acting on behalf of the minor in the case of persons under the age of 18 years, and said parent or legal guardian ) hereby takes action for themselves, their executors, administrators, heirs, next of kin, successors, and assigns, to unequivocally accept the terms of this agreement prior to anyone in My Party boarding the vessel.
I/We, fully understand that I/We are boarding a Charter fishing vessel with the intention of traveling to/from and fishing in coastal and off-shore waters. I/We understand that I/We have a duty to exercise reasonable care for my own safety and the safety of those in My Party, and I/We agree to do so. I/We understand and assume the risks and hazards associated with this activity. These risks and hazards include, but are not limited to, the following:
Sun, rain, lightening, or any other weather conditions; sea sickness; pitching and rolling of the vessel; sea spray; slippery and/or wet decks; boating accidents; equipment malfunction or failure; lack of hydration or nutrition; injuries, both internal and external from the following non-inclusive list: boarding and disembarking the vessel, movement of the vessel, fish, fishing, fishing tackle, gear and intentional or unintentional conduct of any other persons aboard the vessel.
I/We accept and acknowledge that decisions made by the Captain regarding, but not limited to, safety, weather and sea conditions, and equipment are final, and I/We agree to accept the Captain’s decisions and orders, and to follow his instructions, and acknowledge that failure to do so may cause or exacerbate unsafe conditions.
I/We accept and acknowledge that the Captain has the right to confiscate any illegal or contraband items, or any legal items, including but not limited to drugs and weapons, brought on board by me or anyone else if he deems the item’s presence to cause any type of threat to the Captain, crew, vessel, or passengers. After the Charter has ended, the Captain will attempt to return legal items that were confiscated, if possible.
I/We accept and acknowledge that the Captain has the right to immediately terminate the Charter and return to shore if he deems it necessary for the safety of the passengers, crew, Captain, and/or the vessel without refunding Charter payment or re-scheduling the Charter. Reasons for immediate termination of Charter include but are not limited to bad weather, dangerous sea conditions, equipment failure or malfunction, impaired or injured passengers or crew.
I/We hereby assume any and all risks of participating in all activities while aboard the vessel. I/We realize that liability may arise from negligence or carelessness on the part of persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault and waive, release and discharge from any and all liability for death, disability, or personal injury of Me or anyone in My Party, property damage, property theft or actions of any kind which may hereafter accrue to Me. I/We agree to indemnify and hold harmless the Captain, crew and Knotty Veteran Charters, LLC from any and all liabilities or claims made by Me, other individuals or entities as a result of my or any actions during my participation.
I/We understand and agree the Captain, crew and Knotty Veteran Charters, LLC, is not liable and hereby agree to hold harmless and indemnify the Captain, crew and Knotty Veteran Charters, LLC, for risks and hazards associated with coastal and off-shore fishing, passage to and from fishing locations, and any other events that may take place while on board. I/We expressly release them from liability for the same. I/We further release, hold harmless and indemnify the Captain, crew and Knotty Veteran Charters, LLC from any liability whatsoever for any illegal actions, including but not limited to possession of illegal substances by Me, anyone in My Party, or any other persons on the vessel, or consumption of any substance on or prior to the fishing Charter. I/We release the Captain, crew and Knotty Veteran Charters, LLC from any liability whatsoever for any illegal actions taken by Me, anyone in My Party, or anyone else on the vessel.
I/We understand that inshore fishing is not recommended for anyone with pre-existing medical conditions such as circulatory problems, high blood pressure, heart conditions, pregnancy, weak bones, etc. I/We certify that I/We are physically fit and have not been advised otherwise by a qualified medical person that I/We cannot participate in any activities relating to boating or fishing, or similar activities. I/We understand that the vessel has very limited medical facilities and in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until transportation to a proper medical facility is arranged. I/We understand that there is no representation of a safe rescue or rendering of first aid by the Captain or crew, and agree to hold harmless the Captain, crew, and passengers for actions taken in attempting the performance or rescue first aid. In the case of accident, injury, or illness, I/We hereby consent to receive medical treatment.
I/We understand that I/We may be photographed or filmed and I/We agree to allow my photo, video or film likeness to be used for any legitimate purpose by Knotty Veteran Charters, LLC without compensation.
I/We agree to forever discharge and release the Captain, crew, Knotty Veteran Charters, LLC, its employees and agents, the owners and affiliates, from any and all responsibility or liability for any and all injuries or damages. I/We agree NOT to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any negligence or other liability, even in cases of gross negligence. I/We further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur as a consequence of my participation in any activities with or involving the released parties.
I/We understand that the Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I/We hereby certify that I have read this document and understand its contents.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.