Liability Waiver

NOTICE: This is a legally binding document. By signing or electronically accepting this agreement, you are releasing Funseekers Boat Charters from liability and waiving certain legal rights. Please read it carefully before signing.

This Waiver and Release of Liability Agreement (the "Agreement") is entered into by and between the undersigned participant ("Guest," "I," "me," or "my") and Funseekers Boat Charters, its owners, affiliates, employees, agents, and captains (collectively, the "Company").

Participation in any boating, swimming, or related activities (the "Charter") offered by the Company involves inherent risks. In consideration for being permitted to participate in the Charter, I hereby acknowledge, agree, and certify as follows:

1. Assumption of Inherent Risks

I understand and acknowledge that participating in boating and water-related activities carries inherent risks, dangers, and hazards. These risks can result in serious injury, temporary or permanent disability, property damage, or death. I voluntarily and expressly assume all risks associated with the Charter, which may include, but are not limited to:

• Changing weather and water conditions (e.g., wind, waves, sun exposure).
• Slipping, falling, or tripping on wet or moving surfaces on the vessel or docks.
• Risks associated with swimming, jumping, or entering the water from the vessel.
• Collisions with other vessels, docks, or submerged objects.
• Malfunction of equipment, whether owned by the Company or by me.
• Actions or negligence of other guests, boaters, or individuals.
• Risks related to the consumption of alcohol, which may impair judgment and coordination.
• Wildlife encounters in or out of the water.

2. Release of Liability and Waiver of Claims

I hereby agree to release, waive, discharge, and hold harmless the Company from any and all claims, demands, losses, or liabilities for any injury, accident, illness, property damage, or death that may arise from my participation in the Charter. This release applies whether the injury or damage is caused by the negligence of the Company, myself, other guests, or any other third party. This waiver is binding on me, my heirs, executors, administrators, and assigns.

3. Responsibility for Property and Personal Damage

I agree to be held financially responsible for any and all damage that I, or any member of my party, cause to the vessel, its equipment, or its contents, whether accidental or intentional. I agree to reimburse the Company for the full cost of repair or replacement for any such damages.

4. Fitness to Participate and Medical Condition

I certify that I am in good physical health and have no medical conditions that would prevent me from safely participating in the Charter. I acknowledge that it is my responsibility to consult with a physician prior to my participation if I am unsure. I agree to inform the captain of any relevant health conditions before the Charter begins.

5. Alcohol, Drugs, and Onboard Conduct

I understand that while alcohol may be permitted onboard, I am responsible for my own consumption and conduct. I agree to drink responsibly and not to the point of impairment. I agree not to bring or consume any illegal substances or drugs on the vessel.

I acknowledge that the Captain has the absolute authority to terminate the charter at any time, without refund, due to the unsafe, unruly, or illegal behavior of any guest in my party. The safety of the vessel and all persons on board is paramount.

6. Responsibility for Minors

If I am signing on behalf of a minor (any person under the age of 18), I certify that I am the parent or legal guardian of that minor. I accept full responsibility for the minor's safety and conduct during the Charter. I agree to ensure the minor complies with all safety instructions, including the mandatory use of a life jacket as required by law and Company policy. I hereby waive and release any and all claims on behalf of the minor in accordance with the terms of this Agreement.

7. Photography & Media Use

I grant Funseekers Boat Charters the right to take photographs or videos of me and my party during the charter. I understand that these images may be used for promotional and marketing purposes, including on the Company's website, social media, and other advertising materials, without compensation to me.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising from this Agreement shall be brought exclusively in the state or federal courts located in Denton County, Texas.

9. Acknowledgment of Understanding

I certify that I have read this Waiver and Release of Liability Agreement in its entirety. I fully understand its terms and agree that I am giving up substantial legal rights, including my right to sue the Company. I am signing this agreement freely and voluntarily without any inducement.