Hookin Veterans | Liability Waiver

 

Acknowledgment and Assumption of Risk

I, the undersigned, hereby acknowledge and agree that participation in the programs and fishing trips ("Trips") provided by Hookin Veterans (“Hookin Veterans”), its staff, volunteers, donors, sponsors, and third-party partners (collectively “HOOKIN VETERANS”) involves inherent risks, including but not limited to, physical injury, illness, property damage, and risks related to water activities. I understand that these risks are an integral part of the nature of fishing and outdoor recreation and may arise from actions, negligence, or carelessness by myself, other participants, Hookin Veterans, third-party providers, their directors, employees, volunteers, and sponsors. In consideration of being permitted by Hookin Veterans to participate in the Trips, and in recognition of Hookin Veterans reliance hereon, I agree to all the terms and conditions set forth in this Liability Waiver.

I acknowledge that I am voluntarily participating in the Trips with full knowledge of the risks involved and agree to accept and assume all risks of injury, illness, or property damage, whether caused by the negligence of the Released Parties (as defined below) or otherwise.

I acknowledge that participating in outdoor activities, including fishing, boating, and related recreation, entails known and unanticipated risks that could result in physical injury, paralysis, death, or damage to myself, my property, or to third parties. These risks include, but are not limited to: slips, falls, collisions with fixed objects, other people, or fire; exposure to extreme weather conditions, including high winds, waves, and lightning; equipment failure; and accidents occurring during travel to and from fishing locations.

Additionally, exposure to natural elements may result in dehydration, heat stroke, sunburn, cold- related injuries, and exhaustion. I understand that cold water, fatigue, dizziness, and other factors may impair my ability to respond quickly in emergency situations, increasing the risk of injury or accidents.

Responsibility for Knowing Limitations

I understand that the fishing trips are inherently physical and require participants to engage in activities on the water or in other outdoor environments. I acknowledge that I am responsible for knowing my own limitations and may elect to withdraw from any activity if I am not comfortable or physically capable of participating. I agree to consult with my physician regarding any existing or past medical conditions prior to participation to ensure that I am cleared to participate.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Trip, or I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN THIS ACTIVITY. MY PARTICIPATION IN THIS ACTIVITY IS PURELY VOLUNTARY, AND I ELECT TO PARTICIPATE IN SPITE OF THE RISKS.

I expressly recognize and acknowledge and accept that HOOKIN VETERANS staff and volunteers have difficult jobs to perform; that they seek safety, but they are not infallible; that they might be unaware of or misjudge a participant’s fitness, awareness, weight, or abilities; that they might misjudge weather or other environmental conditions; and that they may give incomplete warnings or instructions. Additionally, the equipment used, including fishing gear and boats, might fail or malfunction.

Safety Equipment

I agree to wear activity-related safety equipment as required for the Trip, including but not limited to, a U.S. Coast Guard approved personal flotation device (PFD) while participating in water-based activities, such as fishing from a boat, kayak, or canoe.

Controlled Substance Ban

I agree I will not bring aboard or cause to be brought aboard any vessel used for any Trips any controlled substances. I acknowledge that illegal drug possession and/or use will not be tolerated.

Waiver and Release of Liability

In consideration for being permitted to participate in the Trips, I, on behalf of myself, my heirs, executors, administrators, legal representatives, and assigns, hereby release, waive, discharge, and hold harmless:

- Hookin Veterans - Sponsors and Supporters, including but not limited to partnering organizations - Third-party providers and in-kind donors providing services for the Trip - Directors, employees, volunteers, and sponsors of the above entities (collectively, the "Released Parties") from any and all claims, demands, causes of action, suits, or liabilities of any kind arising out of or in connection with my participation in the Trips, including but not limited to any claims for personal injury, illness, death, or property damage, whether caused by the negligence of the Released Parties or otherwise.

Indemnification

I further agree to indemnify and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, brought as a result of my (or my participating children’s) involvement in the Trips and to reimburse them for any such expenses incurred.

Medical Consent

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Trips. I agree to pay all costs of any medical care and transportation provided to me.

Severability

If any provision of this Waiver and Release is found to be invalid or unenforceable, the remaining provisions will continue to be enforceable.

Legal Venue and Governing Law

In the event that I file a lawsuit against HOOKIN VETERANS, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

Illness and Infectious Diseases

Exposure to illnesses and other infectious diseases, including COVID-19, which may lead to illness, is an inherent risk of participating in these programs, activities, and events. HOOKIN VETERANS cannot eliminate the risk that a Participant may be exposed to viruses such as COVID-19 while engaged in programs, activities, or events. The participant agrees that it is his or her responsibility to:

• Not participate in any programs, activities, or events if sick or experiencing symptoms of an infectious illness.

I acknowledge that I am not currently experiencing symptoms of any bacterial or viral diseases (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, fever, or any other symptoms).

Acknowledgment of COVID-19 Risks

I acknowledge the contagious nature of COVID-19 or any other infectious disease and voluntarily assume the risk that I, my family member(s), or dependents may be exposed to by visiting or attending a HOOKIN VETERANS program, activity, or event.

Media Release and Permission

I hereby grant permission to Hookin Veterans, its employees, agents, and third-party partners to take photographs and video recordings of me during my participation in the fishing trips and related activities. I understand that these photographs and videos may be used for promotional, educational, or marketing purposes, including but not limited to use on the Hookin Veterans website, social media platforms, promotional materials, and other media channels. I agree that these images and videos may be used without compensation, and I waive any right to inspect or approve the finished products in which my likeness appears. I further acknowledge that Hookin Veterans may use and/or share with partners and sponsors these photographs and videos at their discretion, including for future fundraising, promotional campaigns, or awareness efforts.

Acknowledgment of Understanding

I have read this Waiver and Release of Liability and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue the Released Parties for injuries or damages that may result from my participation in the Trips. I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature (either physical or digital) to provide a complete and unconditional release of all liability to the greatest extent allowed by law. By signing below, I acknowledge that I have read, understood, and agreed to the terms and conditions of this Liability Waiver and Release.