Please Read Carefully Before Booking Your Trip
Fishing and boating are potentially dangerous activities. Black Kraken Charters, LLC adheres to the highest safety and training standards but there are inherent risks which we cannot control and cannot be eliminated. You must be aware of these risks before you take a trip with us.
This Is A Release Of Liability And A Waiver Of Certain Legal Rights
I, the undersigned, in consideration of the service of Black Kraken Charters, LLC, its officers, employees, contractors, agents or representatives, hereby agree to release and hold harmless Black Kraken Charters, LLC on behalf of myself, my heirs, assigns, personal representative and estate as follows: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage, or damage to myself, to my property, or to spectators or other third parties.
The following describes some, but not all those risks. Risks include, but are not limited to: death, drowning, bodily injury, sunburn, dehydration, insect/animal bites, encounters with wildlife, and other harm which may be encountered in participating in wading, boating, guided and unguided fishing, and those activities associated therewith. I expressly agree, and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage to myself, to others, or to my property, arising from my participation in this activity. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I engage in this event, I will have no right to make claim or file a lawsuit against Black Kraken Charters, LLC or its officers, agents, contractors, or employees.
PHYSICAL HEALTH:
To the best of my knowledge I, the client, have no physical restrictions which would prohibit my participation in any-and-all activities offered by Black Kraken Charters, LLC, including fishing, boating, boarding, or disembarking the vessel, or consuming food or beverage prepared by the outfitter or their representatives. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no insurance, I certify that I am capable of personally paying for all such expenses or liabilities. No one single person can weigh more than 250 pounds for safety and stability of the boat. Should emergency medical services become necessary to me or any minor I have authorized to participate, I agree that I will not hold Black Kraken Charters, LLC liable regarding the provision of medical and/or emergency care or the adequacy of any such care. Black Kraken Charters, LLC reserves the right to decline service to any person it judges incapable of meeting the requirements of participating in any boating or fishing related activities.
PERSONAL FLOATATION DEVICES/LIFE JACKETS:
I acknowledge that Black Kraken Charters, LLC will provide life jackets for me and any minor accompanying me and I/we are advised to always wear it while on the vessel, at the marina or launch area, or when otherwise instructed to do so. Failure to do so is at my/our own risk. In a motor boat under power, appropriate PFD must be always worn without exception.
RELEASE & ACKNOWLEDGEMENT OF RISK:
I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. I expressly agree, and promise to accept and assume all responsibilities of all risks while I engage in this event, and agree that I will have no right to make claim or file a lawsuit against Black Kraken Charters, LLC, or its officers, contractors, agents, or employees. By signing this Agreement I, myself, or as parent or guardian of any accompanying minor, unconditionally release and hold harmless Black Kraken Charters, LLC and/or their representatives against and for all liability, cost, expenses, claims and damages for which the guide might otherwise become liable by reason of any accident, illness or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with or related to the participation in any activity or service offered by Black Kraken Charters, LLC, regardless of how, where, or when such injury, illness, death or damage occurs even if caused by the negligence of the guide, its agent, contractor, or employees, or due to conditions, defects in the vessel, equipment or activities.
COVID-19 STATEMENT:
Considering the global COVID-19 pandemic, Black Kraken Charters, LLC is taking all possible precautions and will continue to follow local and state regulations. You understand and acknowledge that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless Black Kraken Charters, LLC for any matters related to COVID-19.
WEATHER CANCELLATION POLICY:
No one, including the weatherman, can 100% accurately predict ocean conditions the day before a scheduled trip. Black Kraken Charters, LLC makes the sole decision on the morning of the trip regarding ocean and weather conditions and the safety of taking the scheduled trip. Do not expect cancellations due to potential conditions prior to the morning of the trip. If Black Kraken Charters, LLC cancels an outing due to inclement weather or poor ocean conditions, we give our customers the option to reschedule their trip. If a trip cannot be rescheduled, a full refund will be made. There are no weather refunds given on multi-day rentals or package deals.
MECHANICAL ISSUES:
Even though mechanics issues are rare they do happen from time to time. Payment is only required for the duration that was spent fishing before the mechanical issue. We will also try and get you out on one of our other boats, if possible, the same day depending on the timing of the mechanical issue. If it happens before the charter begins you will be given the opportunity to reschedule or offered a full refund.
WHILE AT SEA CAPTAIN CANCELLATION POLICY:
If for some reason during a trip sea conditions/weather become rough enough to where the captain makes the decision to head back in, you will only be charged for time you were on the boat. The total price will be divided by number of hours. If for some reason during a trip at sea the customer is breaking any rules such as, but not all inclusive to, bringing any type of drugs, a drunk unruly passenger, any disruptive or dangerous behavior, distracting the captain, littering in the ocean, or any activity putting the passengers and vessel at risk, and the captain has to end the trip early no refunds will be given and that customer will not be allowed to use Kraken Charters again.
EARLY CHARTER END CANCELLATION POLICY:
If for some reason during a trip some or all the customers want to head back in because they want to cut it short, that is OK with us. You are on a private charter and you are in control and if you want to go back, consider it done. However, if sea conditions and weather is safe and there is no reason to come back in, unlike the captain cancelling the trip mentioned above, you will be expected to pay for the entire trip. This includes a customer or customer(s) being sea sick and wanting to come back in.
ELECTRONICS:
While at sea no GPS capability devices are allowed onboard for fishing charters. If found in use (for example a Navionics app that tracks boat location or InReach that tracks our location). If found the charter will be terminated and full payment is required. GPS numbers (our fishing spots) is how we make our living and we cannot afford for the numbers to get out. They are considered trade secrets. Customer is agreeing that they will not use any educational information, data, waypoints, fishing bait or tackle techniques gathered from their charter for personal gain or to start their own charter business within a 50-mile radius.
RULES OF THE SEA:
1. In the event of an emergency, listen to your fishing guide’s instructions and avoid panicking (Call 911 if possible and necessary)
2. Speak up and notify your fishing guide as soon as possible if you see something wrong, see something dangerous, feel sick, feel uncomfortable, or are injured
3. Dress appropriately for the weather conditions to maintain maximum comfortability
4. Stay hydrated by packing drinks and drinking frequently (It may be helpful to drink sports drinks for electrolytes)
5. In the event of a fire on the boat, retrieve the fire extinguisher from the specified storage pocket and extinguish the fire
6. Life jackets must be worn while the boat’s engine is in operation and are optional while fishing
7. All passengers must remain seated in the appropriate on plane sitting position with their hands and feet inside the vessel while the boat’s engine is in operation
8. Swimming and intentionally jumping overboard is prohibited during the charter
9. In the event someone falls overboard, they will be thrown a personal flotation device and directed with instructions to reboard the vessel
10. Be cautious and mindful while you cast to avoid injuring yourself or another person on the boat with a fishing hook
11. If you are uncomfortable handling a fish, do not attempt to land it, unhook it, or handle it by yourself as this can cause injury or harm to you and the fish
12. Tobacco Use: Customers of age may use tobacco products such as cigarettes, cigars, dip, and vapes ONLY if you responsibly dispose of your waste and do not make a mess on the boat or damage property with hot cigarette/cigar butts, ashes, or spit waste. Customers that cause damage or mess to property with tobacco products may be held liable according to this agreement and waiver document.
13. Illegal Drugs: Illegal drugs are not allowed on the boat. Period. This includes marijuana (even with a medical card). If it is discovered that a customer has brought illegal drugs on the boat, the captain must immediately end the charter and the boat will be taken back to the dock without any refund or credit. To avoid uncomfortable situation at the dock for both us, please do not attempt to sneak any illegal drugs, controlled substances, or contraband on board. Black Kraken Charters, LLC has the right to search coolers and gear thoroughly prior to boarding. In addition, no individual(s) will be allowed to board the boat before a trip if he/she arrives to the dock under the influence of any drugs and will forfeit the trip and will not get a refund. We have seen all the tricks, so again, please cooperate with this policy. We have a Zero Tolerance vessel in compliance with USCG regulations.
14. Alcohol: We do not provide alcohol; however, customers can bring their own. Must be 21 with ID. No glass please. We do not tolerate over-drinking. If the captain believes and individual has had too much to drink, the captain has the right to curtail alcohol consumption of that individual. The captain may terminate the charter trip at any time, without refund, if one or more individuals become intoxicated or uncontrollable due to alcohol consumption. In addition, no individual(s) will be allowed to board the boat before a trip if he/she arrives to the dock intoxicated and will forfeit the trip and will not get a refund.
15. Respect the equipment: Black Kraken Charters LLC invests a lot of money into equipment and into the time maintaining this equipment so that it can be shared with many people and offer them a positive charter experience. While on the boat, we require you to respect and preserve the property. This includes respecting the fishing rods, fishing reels, fishing lures, boat seats, boat carpet, and all other related property. You may be held liable for damage and/or loss you cause to property according to this agreement and waiver document.
16. Captain Gratuity: Since we are in the service industry you are not required to pay the sales tax on the charter but a minimum 20% Gratuity is required for the captain and it will be added to the charter by the same credit card on file. This is how our captains make a living and is the reason it is required!
MEDIA RELEASE:
The customer hereby grants Black Kraken Charters, LLC, the absolute and irrevocable right and permission, in respect of the photographs and/or video taken of customer alone or with others, to use, re-use, publish, and re-publish the same in whole or in part, individually or in conjunction with other photographs or video, and in conjunction with any printed matter, or electronic matter, in all media now or hereafter known, and for any purpose whatsoever; and to use my name in conjunction therewith if the Black Kraken Charters, LLC so chooses. The customer is not entitled to compensation or royalties for use of media, the customer is consenting any rights to disapprove or approve the final content used.
Customer hereby release and discharge the Black Kraken Charters, LLC from all claims and demands arising out of or in connection with the use of the photographs or video, including without limitation all claims for libel or invasion of privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of the Black Kraken Charters, LLC.
This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.
Any dispute arising out of this agreement shall be brought in the Civil Division of Pinellas County Courts. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.
MINORS:
Prospective participants under the age of 18 years are required to have a parent or legal guardian read and sign this release. This includes media releases. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless Black Kraken Charters, LLC and all its subsidiaries, its crew or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18’s actions, whether Black Kraken Charters, LLC and all its crew, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to always monitor the minor during the minor’s experience/participation and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor. Parent/Legal Guardian: I verify that I am the parent and/or guardian of the Child. I have the authority to enter into this agreement on behalf of the minor and I agree to be bound by its terms.
QUESTIONS, CONCERNS, SPECIAL ACCOMMODATIONS:
Do you have any questions, concerns, or need special accommodations for one of our charters? Contact us KrakenCharters@yahoo.com before booking or signing this agreement.
ELECTRONIC SIGNATURE:
Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
I agree and acknowledge that I have read and fully understand the contents of this entire document, understand that it affects my legal rights, and agree to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon myself, my respective heirs, successors, and assigns. I execute it voluntarily with full knowledge of its significance.