Waiver of Liability
Release and Indemnification Agreement
IMPORTANT: READ CAREFULLY BEFORE PARTICIPATING
This is a legal document that affects your rights. By becoming a member of Catch King Boat Club, you acknowledge that you have read, understood, and agreed to be bound by this Waiver of Liability.
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in activities offered by Catch King Boat Club LLC ("Club"), including but not limited to boat rental, boating activities, fishing, and related services, I hereby agree as follows:
1. ACKNOWLEDGMENT OF RISKS
I acknowledge and understand that boating and water activities involve INHERENT RISKS, including but not limited to:
- Drowning - Water activities carry the risk of drowning, even for experienced swimmers
- Physical injuries - Including broken bones, sprains, cuts, bruises, and other injuries from falls, collisions, or equipment
- Vessel collision - With other boats, fixed objects, submerged hazards, or marine life
- Weather hazards - Including sudden storms, lightning, high winds, extreme heat, and sun exposure
- Equipment failure - Mechanical breakdowns, steering problems, engine failure
- Grounding and capsizing - Running aground or the boat overturning
- Getting lost or stranded - Navigation difficulties or running out of fuel
- Wildlife encounters - Including sharks, jellyfish, stingrays, and other marine life
- Medical emergencies - Remote locations may delay emergency response
- Property damage - Loss or damage to personal belongings
- Death - Fatal accidents can and do occur in boating activities
I UNDERSTAND THAT THESE RISKS MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, OR DEATH TO MYSELF AND/OR MY GUESTS.
2. VOLUNTARY ASSUMPTION OF RISK
I VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN CLUB ACTIVITIES, whether known or unknown, foreseeable or unforeseeable, inherent or not. I understand that this assumption of risk includes risks arising from the negligence of the Club, its owners, officers, employees, agents, and affiliates, and from defective equipment or property.
3. RELEASE AND WAIVER OF LIABILITY
I, FOR MYSELF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE Catch King Boat Club LLC, its owners, officers, directors, employees, agents, affiliates, successors, and assigns (collectively "Released Parties") from any and all claims, demands, damages, rights of action, or causes of action, present or future, arising out of or connected with my participation in Club activities, INCLUDING BUT NOT LIMITED TO:
- Personal injury or death
- Property damage or loss
- Negligence of any Released Party
- Equipment defects or failures
- Conduct of other participants or third parties
- Any other cause whatsoever
4. COVENANT NOT TO SUE
I agree that I will not make or bring any claim, lawsuit, or legal action against any Released Party for any damages, losses, or injuries arising from my participation in Club activities. If I do bring such a claim, I agree to pay all costs and attorney's fees incurred by the Released Parties in defending against such claim.
5. INDEMNIFICATION
I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, actions, suits, procedures, costs, expenses (including reasonable attorney's fees), damages, and liabilities arising from:
- My participation in Club activities
- My breach of this Agreement
- My negligent or intentional acts or omissions
- Claims made by my guests, family members, or anyone else related to my participation
6. RESPONSIBILITY FOR GUESTS
I understand that I am responsible for all guests I bring aboard Club vessels. I agree to inform my guests of the risks involved and ensure they understand and accept these risks. I accept full responsibility and liability for the actions and safety of my guests.
7. PHYSICAL AND MENTAL FITNESS
I certify that I am physically and mentally fit to participate in Club activities and operate watercraft. I have no medical conditions that would impair my ability to safely participate. I agree to inform the Club of any changes in my physical or mental condition that could affect my ability to safely operate boats.
8. COMPLIANCE WITH RULES
I agree to follow all Club rules, policies, and procedures, as well as all applicable federal, state, and local laws governing boating activities. I understand that failure to comply may result in termination of my membership and may void any applicable insurance coverage.
9. INSURANCE
I understand that the Club may maintain insurance covering boats and certain liabilities, but such insurance may not cover my personal injuries, property damage, or losses. I am responsible for obtaining any personal insurance coverage I desire.
10. SEVERABILITY
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings.
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action shall be brought exclusively in the state or federal courts located in Nueces County, Texas.
13. ACKNOWLEDGMENT
BY BECOMING A MEMBER OF CATCH KING BOAT CLUB, I ACKNOWLEDGE THAT:
- I have carefully read this Waiver of Liability
- I fully understand its contents and legal effect
- I voluntarily agree to be bound by its terms
- I am at least 21 years of age
- I have had the opportunity to consult with legal counsel
- I am signing this document of my own free will
Note: Members are required to sign this waiver as part of the membership application process. A signed copy will be maintained in your membership file.
Contact:
Catch King Boat Club LLC
102 Jester Street
Corpus Christi, TX 78418
Phone: 1-888-861-9188
Email: [email protected]