Agreements & Waivers

Boat Charter Passenger Waiver & Assumption of Risk

Read each section, initial where asked, then sign with your finger or mouse. You get a PDF copy right away.

TEMPLATE — have a Florida attorney review before use. These forms are templates and are not legal advice.

Every guest on the boat signs their own waiver. A parent or legal guardian signs for any guest under 18. The 2021 Yamaha 210 FSH Sport is operated only by a USCG-licensed captain; guests do not operate the vessel.

Your details

1. Captain-operated charter

I understand the vessel is operated at all times by a USCG-licensed captain. I will follow the captain's safety instructions, including instructions about life jackets, seating, swimming, boarding, and alcohol. The captain may end the trip early for safety or if instructions are not followed, without refund.

2. Assumption of risk

I understand that boating, swimming, wading, sandbar visits, and island stops involve inherent risks, including drowning, slips and falls, sudden weather changes, waves and wakes, sun and heat exposure, marine life (such as stingrays and jellyfish), collisions, and injuries while boarding or disembarking. I knowingly and voluntarily assume all such risks for myself (and for my minor child, if signing as guardian).

3. Health and swimming

I confirm that I (or my minor) am fit to participate, and I will tell the captain about any medical condition, pregnancy, or inability to swim. Life jackets are available for every guest and are required for children as required by Florida law.

4. Alcohol and conduct

I will not bring illegal drugs on board. Any alcohol is at the captain's discretion and must be consumed responsibly. Smoking and vaping are prohibited on board; a $150 cleaning fee applies if the boat smells of smoke.

5. Release

To the fullest extent permitted by Florida law, I release, waive, and discharge WhiteCap Rides, the captain, and their owners, members, employees, and agents from any and all claims for injury, death, or property damage arising from the charter, including claims based on ordinary negligence, but not gross negligence or intentional misconduct.

6. Minors

If I am signing for a minor, I am the minor's parent or legal guardian, I have read this waiver, and I agree to it on the minor's behalf and on my own behalf, to the extent permitted by Florida law (including Fla. Stat. § 744.301).

7. Indemnification

I will indemnify and hold harmless WhiteCap Rides and the captain from claims arising from my conduct or my minor's conduct during the charter.

8. Weather and cancellations

The captain has final say on whether conditions are safe. Weather cancellations follow the cancellation terms of the booking.

9. Governing law, venue, severability

This waiver is governed by Florida law, with venue in Pasco County, Florida. If any part is unenforceable, the rest remains in effect.

10. Electronic signature consent

I agree that my electronic signature is legally binding under the ESIGN Act and the Florida Uniform Electronic Transaction Act.

Sign
Draw your signature (finger, stylus, or mouse)

Date: (added automatically, with your device's time, browser type, and — when filed online — your IP address)

Questions about this form? Email whitecaprides@gmail.com.