Charter Agreement, Assumption of Risk & Liability Waiver
Please read carefully before signing. This document affects your legal rights.
This Charter Agreement and Liability Waiver ("Agreement") is entered into between
Peak Expedition Charters ("Company") and the individual signing below
("Guest"), on behalf of themselves and any minor children or guests included in their reservation.
1. Reservation & Payment Policy
- A 25% non-refundable deposit is required at the time of booking to reserve your charter date. Reservations are not confirmed until the deposit has been received.
- The remaining balance is due no later than 7 days prior to your scheduled charter unless otherwise agreed upon in writing by Peak Expedition Charters.
- Gift certificates, promotional bookings, discounted trips, and donated charters are non-refundable and may not be redeemed for cash.
2. Acknowledgment of Risk
I understand that recreational boating and offshore fishing involve inherent risks, including but not limited to:
- Slips, trips, and falls.
- Rough seas, changing weather, and large waves.
- Fish hooks, knives, gaffs, and other fishing equipment.
- Marine wildlife and underwater hazards.
- Motion sickness.
- Injury, illness, disability, drowning, or death.
I voluntarily choose to participate and fully accept these risks.
3. Assumption of Responsibility
I certify that I am physically able to participate in this charter. I agree to follow all
instructions given by the captain and crew at all times. I understand that failure to follow
safety instructions may result in termination of the charter without refund.
4. Release of Liability
To the fullest extent permitted by law, I release, waive, and forever discharge
Peak Expedition Charters, its owners, captain, crew, employees,
agents, and affiliates from any claims, liabilities, damages, or causes of action arising
from participation in the charter, including personal injury, property damage, illness,
or death, except where caused by gross negligence or willful misconduct.
5. Medical Authorization
In the event of an emergency, I authorize the captain or crew to obtain emergency medical
treatment on my behalf if I am unable to do so. I understand that I am solely responsible
for any medical expenses incurred.
6. Weather Policy
The captain has sole discretion to determine whether weather or sea conditions are safe
for departure or continuation of the trip.
If the captain cancels due to unsafe conditions, guests may choose to:
- Reschedule for another available date.
- Receive a full refund of all payments made.
Rain alone does not constitute unsafe weather.
7. Fishing Disclaimer
Fishing success can never be guaranteed. Fish behavior depends on weather, tides,
water temperatures, bait availability, migration patterns, and many other uncontrollable
factors.
No refunds or discounts will be provided based on the number of fish caught or not caught.
8. Alcohol and Drugs
- Alcohol is permitted in moderation for guests 21 years of age or older.
- Illegal drugs are strictly prohibited.
- The captain reserves the right to refuse boarding or terminate the charter without refund if any guest appears intoxicated, impaired, or behaves in an unsafe or disruptive manner.
9. Damage to Vessel
- Guests agree to treat the vessel and equipment with reasonable care.
- Any intentional or negligent damage caused by a guest may result in financial responsibility for repair or replacement.
10. Personal Property
Peak Expedition Charters is not responsible for lost, stolen, or damaged personal belongings,
including phones, cameras, sunglasses, jewelry, fishing equipment, or other valuables.
11. Photography & Social Media
Unless otherwise requested in writing, guests grant Peak Expedition Charters permission to
photograph or record the charter and use those images or videos for advertising, marketing,
social media, and promotional purposes without compensation.
12. Cancellation Policy
- Reservations require a 25% non-refundable deposit.
- Cancellations made more than 30 days before the charter will forfeit the deposit only.
- Cancellations made 15–30 days before the charter are responsible for 50% of the total charter price.
- Cancellations made within 14 days of the scheduled trip, cancellations after the remaining balance is due, or failure to appear for the charter are responsible for 100% of the charter fee unless the date is successfully rebooked by Peak Expedition Charters.
13. Captain's Authority
- The captain is the sole authority aboard the vessel regarding safety and navigation.
- Guests agree to comply immediately with all directions given by the captain.
- Failure to do so may result in immediate termination of the charter without refund.
14. Gratuity
Gratuities are never required but are always appreciated. If you feel your captain and crew
provided an exceptional experience, a customary gratuity of 15%–20% is appreciated.
15. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.
Any legal action arising from this Agreement shall be brought in the appropriate court located
within Massachusetts.
16. Entire Agreement
I have carefully read this Agreement, understand its contents, and voluntarily agree to its terms.
