We are excited to take you fishing! Your acceptance acknowledges you've read and agree to the following:
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**Acknowledgment of Risks**
I understand and acknowledge that the activities involved in the fishing charter are inherently risky and may involve the risk of serious injury, death, and loss or damage to property. These risks include, but are not limited to, those caused by the condition of the water, the actions of other people, the condition of the equipment, and weather conditions. By signing this waiver, I voluntarily assume all risks associated with participation in the fishing charter.
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**Waiver of Liability**
I hereby release, waive, discharge, and covenant not to sue Sea Dawgs LLC, its officers, agents, or employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, or death that may be sustained by me, or to any property belonging to me, while participating in the fishing charter or while on premises where the event is being conducted.
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**Assumption of Risk**
I am fully aware of the risks and hazards inherent in participating in the fishing charter and I choose to voluntarily participate, knowing that the activity may be hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity.
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**Indemnification Agreement**
I further agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in the fishing charter, whether caused by the negligence of releasees or otherwise.
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**Health and Physical Fitness Declaration**
I affirm that I am in good health and in proper physical condition to participate in such activity. I agree to disclose any health-related conditions that might increase my risk of injury or illness during the fishing charter. I understand that failure to disclose such conditions may result in personal injury, illness, or worse, and I release the Releasees from any responsibility and liability for the same.
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**Arbitration Clause**
Any dispute or claim arising out of or in connection with this agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by arbitration in Tampa, Florida, in accordance with the rules of the American Arbitration Association.
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**Venue and Choice of Law**
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida.
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**Limitation of Liability**
In no event shall Sea Dawgs LLC be liable for any damages exceeding the fees paid by the customer for the fishing charter services.
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**Attorney's Fees and Legal Costs**
In the event of any litigation or arbitration arising from or related to this agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party.
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**Mediation Requirement**
Prior to the initiation of any litigation or arbitration, the parties agree to engage in good faith mediation efforts.
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**No Class Actions**
Customer agrees that any disputes arising from this agreement or participation in the fishing charter shall be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
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**Severability**
If any provision of this agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this agreement will remain in full force and effect.
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**Photography/Videography Consent**
I acknowledge that during the fishing charter, photographs or video footage may be taken by Sea Dawgs LLC. I hereby grant Sea Dawgs LLC the right to use and publish these photographs or videos for marketing, promotion, and other business purposes without further approval or compensation.
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