Participant form

Assumption of Risk and Release

Each adult participant completes a separate form before boarding.

DRAFT FOR LEGAL REVIEW: Use a traceable electronic-signature service or a signed paper copy. A booking customer should not be treated as signing for every adult guest.

PARTICIPANT ASSUMPTION-OF-RISK AND RELEASE FORM

One form must be completed by each adult participant before boarding.

Trip date: ______________________

Participant legal name: ______________________________________

Address: ___________________________________________________

Telephone: ____________________ Email: _______________________

Emergency contact and telephone: ______________________________

1. VOLUNTARY PARTICIPATION AND RISKS

I voluntarily choose to participate in a guided fishing charter that may include boating, boarding and leaving a vessel, handling fishing equipment and fish, and wade fishing.

I understand that these activities involve inherent and other risks, including falling overboard; drowning; collision; grounding; waves, wakes, currents, tides, wind, lightning, heat, cold, sun exposure, dehydration, and hypothermia; slippery or uneven surfaces; hooks, knives, rods, reels, lines, anchors, engines, propellers, and other equipment; fish, stingrays, jellyfish, oysters, shells, marine animals, insects, and wildlife; cuts, punctures, infection, allergic reaction, delayed emergency response, and aggravation of known or unknown medical conditions. Serious injury, illness, disability, property loss, or death may occur.

I knowingly and voluntarily accept the inherent risks of participation.

2. HEALTH, ABILITY, AND INSTRUCTIONS

I represent that I have disclosed any condition that may materially affect safe participation. I will follow the captain's instructions, wear a personal flotation device when required, comply with fishing and boating laws, and refrain from unsafe intoxication or impairment.

3. CONSPICUOUS RELEASE OF ORDINARY NEGLIGENCE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING GENERAL MARITIME LAW AND TEXAS LAW, I RELEASE 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 APPLICABLE LAW PROHIBITS OR LIMITS A RELEASE, THIS PROVISION APPLIES ONLY TO THE MAXIMUM EXTENT LAWFULLY PERMITTED.

Participant initials acknowledging Section 3: __________

4. INDEMNITY FOR MY CONDUCT

To the maximum extent permitted by law, I agree to defend, indemnify, and hold harmless the released parties from third-party claims, fines, penalties, losses, or property damage caused by my intentional misconduct, reckless conduct, violation of law, failure to follow safety instructions, or damage to the vessel or equipment. I am not agreeing to indemnify a released party for that party's sole negligence, gross negligence, reckless conduct, or intentional misconduct.

Participant initials acknowledging Section 4: __________

5. EMERGENCY CARE

If I cannot provide effective instructions, I authorize reasonable emergency assistance. I am responsible for resulting medical, evacuation, transportation, and related charges not covered by insurance.

6. ACKNOWLEDGMENT

I have had an opportunity to read this form, ask questions, and decline participation. I understand that this form affects legal rights. I sign freely and voluntarily.

Participant signature: _______________________________________

Printed name: ______________________________________________

Date and time: ______________________________________________

PARENT/GUARDIAN ACKNOWLEDGMENT FOR A MINOR

Complete one section for each minor.

Minor's legal name: __________________________________________

Date of birth: _______________________________________________

I represent that I am the minor's parent or legal guardian and have authority to consent to the minor's participation. I have disclosed relevant medical and safety information. I understand the activities and risks described above and consent to the minor's participation.

I understand that Texas law may limit a parent's ability to waive a minor's personal-injury claims. I do not intend to waive any right that cannot lawfully be waived. I release my own individual and derivative claims to the maximum extent permitted by law and agree to supervise the minor and ensure that the minor follows safety instructions.

Parent/guardian signature: ____________________________________

Printed name and relationship: _________________________________

Date and time: _______________________________________________

OPTIONAL MEDIA CONSENT

This section is optional and is not a condition of booking or participation.

[ ] I authorize Captain Coffey's Guide Service to use photographs or video of me for its website, social-media pages, and promotional materials without compensation.

[ ] I do not authorize marketing use of photographs or video of me.

Adult participant or parent/guardian signature: ____________________

Name: ______________________________ Date: ____________________