Booking agreement

Fishing Charter Booking Terms

Draft revision date: August 3, 2026. Read before reserving a date or paying a deposit.

DRAFT FOR LEGAL REVIEW: The legal business name has been updated. A Texas maritime or charter-boat attorney should still confirm the entity type, owner/operator wording, prices, deposit, and cancellation policy before publication.

IMPORTANT: These terms affect legal rights. Each adult participant must separately sign the Participant Assumption-of-Risk and Release Form before boarding.

1. PARTIES AND SCOPE

These Fishing Charter Booking Terms and Conditions ("Booking Terms") are an agreement between the person making the reservation ("Booking Customer") and Captain Coffey's Guide Service ("Captain Coffey," "we," or "us"). Captain Jeff Coffey may perform the charter as captain and guide. References to Captain Coffey include the business and, where the context requires, its captain, crew, vessel owner, employees, agents, and contractors.

These Booking Terms apply to private six-hour morning and afternoon guided fishing charters offered through captaincoffey.com, Google Calendar, Stripe, telephone, text message, email, or any other booking method. They do not constitute a promise that fish will be caught or that any particular fishing location, fishing method, route, departure time, or trip duration will be available.

2. BOOKING AND CONFIRMATION

A requested date is not confirmed until:

(a) the Booking Customer completes the Cal.com reservation;

(b) Captain Coffey receives the required deposit through Cal.com and Stripe or another approved payment method; and

The Booking Customer must provide accurate contact information, the number of guests, and the names of all participants when requested. The Booking Customer is responsible for communicating these Booking Terms and all trip instructions to the other participants.

A Booking Customer may agree to these Booking Terms for the Booking Customer's own obligations, but may not waive or release the independent legal rights of another adult unless legally authorized to do so. Each adult participant must separately sign the Participant Assumption-of-Risk and Release Form before boarding.

3. PRICE, DEPOSIT, BALANCE, BAIT, AND GRATUITY

The charter price and required deposit are the amounts displayed on the website or payment page at the time of booking. Unless Captain Coffey agrees otherwise in writing:

(a) the deposit is credited toward the charter price;

(b) the remaining charter balance is due before departure on the trip date;

(d) gratuity is voluntary and is not included in the charter price.

The customer is responsible for any nonrefundable third-party payment-processing charge that was clearly disclosed before payment, to the extent permitted by law.

4. CUSTOMER CANCELLATIONS AND RESCHEDULING

The following policy is intended to clarify the prior policy:

(a) Fourteen or more calendar days before the scheduled departure: The Booking Customer may cancel and receive a refund of the deposit, less any nonrefundable third-party payment-processing charge disclosed before payment, or may reschedule without a rescheduling fee.

(b) From thirteen calendar days through forty-eight hours before the scheduled departure: The deposit is not refundable, but the Booking Customer may reschedule one time. The replacement trip must occur within six months after the original trip date and is subject to availability.

(c) Less than forty-eight hours before departure, same-day cancellation, late arrival that prevents the trip, or failure to appear: The deposit is forfeited and no reschedule is required.

(d) A rescheduled trip may be rescheduled only once unless Captain Coffey agrees otherwise in writing.

A cancellation or rescheduling request is effective only when Captain Coffey receives it by telephone at (361) 571-9067 or by email at captaincoffeypoc@gmail.com. A voicemail, text message, or email is not effective until receipt can reasonably be verified.

5. WEATHER, SAFETY, MECHANICAL PROBLEMS, ILLNESS, AND OTHER CAPTAIN CANCELLATIONS

Captain Coffey has sole authority to determine whether weather, water, visibility, marine traffic, mechanical condition, illness, government action, or another safety or operational concern requires delaying, modifying, shortening, rescheduling, or canceling a trip.

When Captain Coffey cancels before departure for weather, safety, illness, mechanical failure, or another circumstance not caused by the customer, the deposit will be transferred to a mutually agreed replacement date. The parties should attempt to complete the replacement trip within six months. If Captain Coffey cannot offer a mutually acceptable replacement date within that period, the deposit will be refunded.

A weather forecast alone does not automatically cancel a trip. The Booking Customer should call Captain Coffey to discuss conditions and rescheduling.

6. CHANGES TO THE TRIP; NO CATCH GUARANTEE

Fishing results are affected by weather, tides, water conditions, fish movement, fishing pressure, guest ability, and other circumstances beyond Captain Coffey's control. No catch, species, size, number of fish, fishing location, or fishing method is guaranteed.

Captain Coffey may select or change the departure time, dock, route, fishing area, fishing method, and whether the trip involves boat fishing, wade fishing, or both. Safety and legal compliance take priority over customer preferences.

If a trip is shortened or terminated because of a participant's unsafe conduct, intoxication, refusal to follow instructions, undisclosed condition, late arrival, or other breach of these Booking Terms, no refund or credit is required. If Captain Coffey shortens a trip for a safety or operational reason not caused by a participant, Captain Coffey may provide a reasonable reschedule, credit, or refund based on the circumstances.

7. PARTICIPANT RESPONSIBILITIES

Each participant must:

(a) follow all instructions of Captain Coffey and the crew;

(b) comply with federal, Texas, and local fishing, boating, wildlife, and safety laws;

(d) accurately disclose any medical, mobility, swimming, allergy, or other condition that may affect safe participation;

(e) wear a personal flotation device whenever required by law or directed by Captain Coffey;

(f) use reasonable care with hooks, knives, fishing equipment, the vessel, and other property;

(g) avoid illegal drugs and avoid intoxication or impairment that could endanger anyone;

(h) bring appropriate clothing, footwear, sun protection, food, drinks, and personal medication; and

(i) respect catch limits, protected species, and Captain Coffey's decisions concerning lawful retention or release of fish.

Captain Coffey may refuse participation or end the trip when a participant presents an unreasonable safety risk. A refusal or termination caused by the participant does not require a refund.

8. MINORS

A parent or legal guardian must approve each minor's participation, disclose relevant medical or safety information, and sign the separate Parent/Guardian Acknowledgment.

The parent or guardian is responsible for supervising the minor except to the extent Captain Coffey has expressly undertaken a specific task. Nothing in these Booking Terms is intended to waive a minor's rights that cannot lawfully be waived.

9. ASSUMPTION OF INHERENT RISKS

Fishing, boating, boarding and leaving a vessel, and wade fishing involve inherent and other risks. These risks include falling overboard; drowning; collision; grounding; sudden vessel movement; waves, wakes, currents, tides, wind, lightning, rain, heat, cold, sun exposure, dehydration, and hypothermia; slippery or uneven surfaces; propellers, engines, anchors, lines, hooks, knives, rods, reels, and other equipment; fish, stingrays, jellyfish, oysters, shells, marine animals, insects, and wildlife; cuts, punctures, infection, allergic reactions, and exposure to natural organisms; delayed emergency response; and the aggravation of known or unknown medical conditions.

Each participant voluntarily chooses to participate with knowledge that serious injury, illness, property loss, disability, or death may occur. This assumption of risk does not eliminate duties or rights that applicable law does not permit the parties to eliminate.

10. PARTICIPANT RELEASE; ORDINARY NEGLIGENCE

EACH ADULT PARTICIPANT MUST SEPARATELY SIGN THE PARTICIPANT ASSUMPTION-OF-RISK AND RELEASE FORM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING GENERAL MARITIME LAW AND TEXAS LAW, EACH SIGNING ADULT PARTICIPANT RELEASES CAPTAIN JEFF COFFEY, CAPTAIN COFFEY GUIDE SERVICE, THE VESSEL OWNER, THE VESSEL, CREW, EMPLOYEES, AGENTS, CONTRACTORS, VOLUNTEERS, INSURERS, SUCCESSORS, AND ASSIGNS FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED IN WHOLE OR IN PART BY THEIR ORDINARY NEGLIGENCE, INCLUDING NEGLIGENT ACTS OR OMISSIONS IN OPERATING, MAINTAINING, EQUIPPING, BOARDING, OR DISEMBARKING THE VESSEL; SELECTING A ROUTE OR FISHING LOCATION; PROVIDING INSTRUCTIONS; OR RESPONDING TO AN EMERGENCY.

THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, FRAUD, OR ANY DUTY OR RIGHT THAT CANNOT LAWFULLY BE WAIVED. IF FEDERAL MARITIME LAW OR ANOTHER APPLICABLE LAW PROHIBITS OR LIMITS A RELEASE IN A PARTICULAR CIRCUMSTANCE, THE RELEASE APPLIES ONLY TO THE MAXIMUM EXTENT LAWFULLY PERMITTED.

11. INDEMNITY FOR PARTICIPANT CONDUCT

To the maximum extent permitted by law, each participant agrees to defend, indemnify, and hold harmless Captain Coffey and the other released parties from third-party claims, fines, penalties, losses, or property damage caused by that participant's intentional misconduct, reckless conduct, violation of law, failure to follow safety instructions, or damage to the vessel or equipment.

This indemnity does not require a participant to indemnify a released party for that released party's sole negligence, gross negligence, reckless conduct, or intentional misconduct.

12. EMERGENCY CARE

A participant authorizes Captain Coffey to seek reasonable emergency medical assistance when Captain Coffey believes it is necessary and the participant cannot provide effective instructions. The participant remains responsible for medical, evacuation, transportation, or related charges not covered by insurance.

Captain Coffey does not promise that emergency personnel, communications, or medical care will be immediately available.

13. PERSONAL PROPERTY

Participants are responsible for securing phones, cameras, glasses, jewelry, fishing equipment, and other personal property. To the maximum extent permitted by law, Captain Coffey is not responsible for ordinary loss of or damage to personal property unless caused by conduct for which liability cannot lawfully be limited.

14. OPTIONAL PHOTOGRAPH AND VIDEO PERMISSION

Permission to use a participant's name, image, voice, photograph, or video for marketing is optional and is not a condition of booking. A separate opt-in consent must be obtained. A parent or legal guardian must provide any consent concerning a minor.

15. THIRD-PARTY SERVICES AND PRIVACY

Google Calendar may process scheduling information, Stripe may process payment information, and Cloudflare may process technical information needed to deliver and secure the website. Their services are governed by their own terms and privacy policies.

Captain Coffey's Privacy Policy is incorporated by reference. Captain Coffey does not receive or store a customer's complete card number through Cal.com and Stripe checkout.

16. WEBSITE INFORMATION

Captain Coffey attempts to keep prices, descriptions, photographs, availability, and other website information accurate, but errors can occur. Captain Coffey may correct an obvious error before accepting a reservation. A reservation accepted at an incorrect price may be canceled and the amount paid refunded.

17. LIMITATION OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTAIN COFFEY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM A BOOKING OR TRIP, INCLUDING LOST TRAVEL COSTS OR LOST VACATION TIME.

FOR A CLAIM THAT DOES NOT INVOLVE PERSONAL INJURY, DEATH, GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, FRAUD, OR A NONWAIVABLE RIGHT, CAPTAIN COFFEY'S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT THE CUSTOMER ACTUALLY PAID TO CAPTAIN COFFEY FOR THE AFFECTED TRIP.

18. GOVERNING LAW AND VENUE

General maritime law of the United States governs maritime claims to the extent applicable. Texas law governs nonmaritime claims, without regard to conflict-of-law rules.

Subject to any nonwaivable right and any court with exclusive jurisdiction, the parties agree that a state-court action relating to the booking or trip must be filed in a court of competent jurisdiction in Calhoun County, Texas, and a federal-court action must be filed in the United States District Court for the Southern District of Texas, Victoria Division.

Nothing in these Booking Terms shortens a limitations period or restricts access to a court where such a restriction is prohibited by federal maritime law or other applicable law.

19. ELECTRONIC RECORDS AND ACCEPTANCE

The Booking Customer agrees to conduct the booking electronically. Checking an unchecked box stating that the Booking Customer has read and agrees to these Booking Terms, completing the booking, paying the deposit, or electronically signing the agreement may constitute electronic acceptance.

Captain Coffey should retain the accepted version of the Booking Terms, date and time, customer identity, booking details, and available electronic audit information. Customers may download or print these Booking Terms.

20. GENERAL TERMS

These Booking Terms, the separate Participant Assumption-of-Risk and Release Form, the Privacy Policy, and the booking confirmation constitute the agreement concerning the reservation.

A change is effective only if confirmed in writing by Captain Coffey. Failure to enforce a provision once is not a waiver of the right to enforce it later.

If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue to apply.

Headings are for convenience and do not limit the meaning of these Booking Terms.

21. CONTACT

Captain Coffey's Guide Service

Charter operations: Port O'Connor, Calhoun County, Texas

Telephone: (361) 571-9067

Email: captaincoffeypoc@gmail.com