(1)  These Terms and Conditions are a part of the Flounder Gigging LLC (FGLLC) company policy and appear on each and every single page of the FGLLC web site in the table of contents column. It is sole responsibility of the Client to have inquired about, read and familiarized himself or herself with these Terms and Conditions before the date of the originally-scheduled flounder gigging charter trip begins. The terms and conditions expressed herein apply to the Client and to each member of the Client's charter group (group is also referred to as "Party" herein),

  (2)  The Client is the person who made and paid for the charter reservation and the Client must show up and be present on the flounder gigging charter trip. The Client may not give, sell nor convey in any way the purchased flounder gigging charter to anyone else without the prior and written consent of Flounder Gigging LLC. The failure of the Client to show up and/or be present on the date of the any scheduled charter trip and/or any attempt by the Client to convey in any way the charter trip without the prior, written notice of FGLLC will cause the Client's trip to be cancelled by the Captain at the Client's full expense without exception,

  (3)  The Client and each member of the Clients party must show proper identification to the Captain (Captain Mac Daniel) before the charter trip may begin. Refusal to show identification will cause the Clients trip to be cancelled by the Captain at the Clients full expense,

  (4)  The Captain may require the Client and every legal-aged member of the party to sign a Release of Liability (Release) form before the charter trip may begin. Each member of the party who is less than 18 years of age (Minor) must have a guardian on-board, and such guardian must sign a Release for the minor. Refusal to sign the Release by the Client, any legal-aged member of the party or any legal-aged member of the party for a minor child when requested by the Captain will cause the Client's trip to be cancelled by the Captain at the Clients full expense,

  (5) The Client will forfeit their trip and entire fee paid if they, or any member of their flounder gigging group, shows up drunk or smelling like alcohol in the sole opinion of the Captain,

  (6) IN THE SOLE OPINION of the Captain as authorized by Flounder Gigging LLC, any disorderly conduct (Rude, Aggressiveness, Drunkenness, Complaining, Shouting, Anger, Threats and/or exhibits any unusual and/or out-of-control behavior) by the Client or any member of the flounder gigging group, the charter will be cancelled and/or terminated at DOUBLE the Client's full expense and any monies paid to Flounder Gigging LLC by the Client will be forfeited in full. If the disorderly conduct is serious enough, then the Captain will immediately report the incident and the Client to the appropriate authorities (ie, the local Sheriffs Office, the U.S. Coast Guard, etc) and formal charges being brought against the Client and/or any member of the Client's party,

     (a)  Captain Mac Daniel may give the Client a warning before such termination, but is not required to do so,

     (b)  Based on disorderly conduct as described above, Captain Mac may either cancel the trip before the trip actually begins or may terminate the trip if it has already began.

     (b)  It is the responsibility of the Client and/or the Client's party to willfully and completely obey any and all instructions of Captain Mac Daniel,

  (7) All Flounder Gigging charters start and end at the Big Talbot island sawpit creek boat dock and include travel time to and from the gigging locations,

 (8)  It is the sole responsibility of the Client to have obtained proper directions to the boat ramp from FGLLC, and to arrive at the boat ramp on time. No additional time will be given to the Client for arriving late, or not arriving at all. Excuses such as not understanding the FGLLC directions, or not being able to find the boat ramp are not valid. We recommend that the Client physically locate the boat ramp several hours before the charter, preferably in the day-light, to avoid any last minute confusion with directions,

  (9)  FGLLC and/or Captain Mac do not guarantee any results for the Client on the flounder gigging trip. Successfully gigging Flounder, Sheepshead and/or any other legal fish is, in the sole opinion of FGLLC, based on the ability of the Client to spot the fish and accurately gig the fish.

  (10)  FGLLC is not responsible for environmental and/or weather-related factors that may impede the ability of the Client to successfully gig legal fish. These factors may include:
     (a)  Moderate to strong wind and/or rain before or during the charter trip,
     (b)  Cloudy water and/or poor visibility before or during the charter trip,

  (11)  FGLLC and/or Captain Mac Daniel will not issue "make-up charters", "rain checks" nor give the Client "more time" once the charter begins for reasons including, but not limited to, bad weather (rain, wind, hail, etc), poor water visibility and/or Clients expectations of how many fish they feel they should be getting. I/We, the Client, agree that I will sign this at the boat ramp and will agree that the weather is fine for my (your charter date) charter if it is fine.

  (12) In the event of mechanical breakdown or equipment malfunction after the charter begins, the Client may be issued a prorated, non-transferable rain check (good for one year from the date of the charter) for the time of the charter remaining when the equipment malfunction began. Only a rain check, and no refund will be issued for mechanical breakdown or equipment malfunction. Such rain check is subject to availability of a FGLLC charter, and prior arrangements must be made with FGLLC.

     (a).  During the charter, Captain Mac may take up to one (1) hour to attempt to repair any such malfunction, if possible, and, if successful, such repair time will be added as "additional time" to the end of Client's current charter.

  (13)  The Client assumes full responsibility any and all actions of any member of the Client's party and will be deemed liable for any inappropriate action of the Client in the sole opinion of FGLLC and/or Captain Mac Daniel.

  (14)  Client will be held fully responsibly for any damages to the boat or property of FGLLC including, but not limited to: Broken light fixtures ($75 each), dropped, bent or lost gigs ($150 each), carpet or other burns from cigarettes or lighted objects and stains from snuff or other possessions of the Client (actual expense of labor, plus materials plus 100% of the sum of the labor plus materials for time of the Captain to oversee the work),

         Client agrees that he and his party have been given proper instruction on the legal types and sizes of fish available to gig, as well as those not available to gig. This instruction includes illustration of a laminated pictorial that shows the pictures of legal and illegal fish. Client assumes sole responsibility to the Florida Fish and Wildlife Commission (FFWC) and/or the State of Florida and/or Flounder Gigging LLC and/or Captain Mac Daniel for and all illegal and/or under-sized fish (or other marine life) improperly gigged and holds FGLLC and Captain Mac Daniel harmless for the same. In the event that FGLLC and/or Captain Mac Daniel receives any type of citation from the FFWC for any type of fishing violation incurred by the Client of any member of the Clients group then FGLLC and/or Capt Mac Daniel shall be held fully accountable and liable to FGLLC and/or Capt Mac Daniel for all expenses incurred as a result of the infraction. These expenses include but are not limited to the full amount of the Citation, any and all Attorneys fees incurred for FGLLC and/or Captain Mac Daniel to contest the Citation, a $500 fee for EACH court appearance date required of the case whether of not FGLLC and/or Capt Mac Daniel physically appears in court of whether he is represented by an Attorney in court.

(15) Each member of the party will be offered a gig but it is up to the Client to see and properly gig the fish. The Captain may point out the fish for the Client to gig but is not obligated to do so because the Client has been given “Flounder 101” from the Captain along with a pictorial guide that shows what Flounder look like when in a camouflaged state. The Captain may, at his sole option, assist the Client(s) with gigging by gigging fish himself and such gigging shall be without objection from the Client for such assistance. The Captain will usually assist the Client with gigging especially when there are small children on the trip and when the Client wishes to take home more fish to eat.

  (16)  Client agrees that:

     (a)  Captain Mac Daniel has offered Client and/or members of Client's party, to wear PFD's (personal flotation devices). It is not a requirement to physically wear these pfd's, but client assumes sole responsibility and holds FGLLC and/or Captain Mac Daniel harmless and free from liability in the event of a loss resulting from failure to wear a pfd,

     (b)  Captain Mac Daniel has a First Aid Kit on board the Flounder Barge, and has offered to make it available at anytime deemed necessary,

     (c)  Captain Mac Daniel will be notified immediately in the event of any potentially unsafe situation so as to take corrective action.

     (d)  Client has been forewarned that flounder gigging involves fishing at night-time, and includes activities with limited vision in locations and on a boat that is unfamiliar to the client,

     (e)  FGLLC and Captain Mac Daniel will be held harmless in any situation resulting in injury and/or death of the Client, or any member of the Client's party, while on a charter trip or at the boat dock before or after the charter trip,

  (17)  Only Flounder Gigging LLC and/or Captain Mac may cancel a charter due to weather, and such opinion of the weather shall be made solely by Flounder Gigging LLC. In the event that Flounder Gigging LLC elects to cancel a charter due to Capt Mac's opinion of the weather, then a rain check (subject to availability of the Flounder Gigging LLC schedule) for a make up charter, at the same rates, terms and conditions, shall be given by Flounder Gigging LLC, and such rain check must be scheduled and completed by the client within seven (7) days of the date of the originally-scheduled charter date or the Client will forfeit the entire cost of the trip to Flounder Gigging LLC,

  (18)  Flounder Gigging LLC may delay the start of any charter for up four (4) hours due to Captain Mac's opinion of the weather and the Client will still have the obligation to show up and complete the scheduled charter in the event of such delay; Client has inspected the boat and everything works satisfactorily,

  (19)  Client agrees and approves of the use of surveillance equipment by FGLLC and/or Captain Mac Daniel (including, but not limited to video cameras and/or recorders, tape and/or hard drive recorders) aboard the Flounder Barge before, during or after their charter and such recorded evidence may be used as police or judicial evidence if and when deemed necessary by FGLLC,

  (20)  Client and/or any Member of Client's party agrees of the use of Captain Mac of FGLLC taking their pictures with a digital camera for the use of advertising and promoting flounder gigging charters through the FGLLC web site, newspapers, flyers, business cards, photo albums, magazines and/or other similar publications.

  (21) This is fishing, not catching and we offer no guarantees of any results. We have found that not all people can see the Flounder to gig or, even if they do see them, they cannot gig them properly to get them on the boat. Since we do not know the abilities or the frustration levels of each Client to see and gig the fish we therefore cannot and do not guarantee that the Client will be satisfied with the trip so Client satisfaction is not guaranteed for our trips.

 (22)  Captain Mac Daniel of FGLLC may inspect the carry-on possessions (clothes, bags, coolers, etc) of the Client or any member of the Client's party at anytime before, during or after the Clients charter trip to search for alcohol, tobacco or drugs or ask any Member of the party to empty their pockets for the same,

  (23)  Capt Mac Daniel may require each, any and/or all members of the Flounder Gigging party to submit to a breathalyzer test to determine if the Client or any Member of the Clients party has drunken any alcohol within twelve (12) hours of the Flounder Gigging charter trip. If, in the sole opinion of the Captain, there is any one indicator or any evidence whatsoever of any Member of the having had group has drank alcohol prior to departure (i.e. - including but not limited to the smell of alcohol on breath, red eyes, any breathalyzer evidence of alcohol, stumbling while moving, slurred speech, obvious impairment, etc) then the Charter trip will be cancelled in full at the Clients full expense,

  (24)  The Clients is not allowed to bring any camera (digital and/or conventional), camcorder(s), tape recorder(s)  and/or any similar recording device aboard the Flounder Barge at any time,

  (25)  These terms and conditions may be changed without notice to the Client by Flounder Gigging LLC and/or by Captain Mac Daniel at anytime.
 

Page Four of Six

(7) IN THE SOLE OPINION of the Captain as authorized by Flounder Gigging LLC, any disorderly conduct (Rude, Aggressiveness, Drunkenness, Complaining, Shouting, Anger, Threats and/or exhibits any unusual and/or out-of-control behavior) by the Client or any member of the flounder gigging group, the charter will be cancelled and/or terminated at DOUBLE the Client's full expense and any monies paid to Flounder Gigging LLC by the Client will be forfeited in full. If the disorderly conduct is serious enough, then the Captain will immediately report the incident and the Client to the appropriate authorities (ie, the local Sheriffs Office, the U.S. Coast Guard, etc) and formal charges being brought against the Client and/or any member of the Client's party,

     (a)  Captain Mac Daniel may give the Client a warning before such termination, but is not required to do so,

     (b)  Based on disorderly conduct as described above, Captain Mac may either cancel the trip before the trip actually begins or may terminate the trip if it has already begun.