You would think the captain would be insured against such events.

 

I believe part of the licensing is to be insured

 

you might be required to sign a waiver but chances are pretty darn good that a court will never deem it enforceable

 

Why wouldn't they?

 

A waiver is required of the captain requires it. They may have a lawyer or insurance company that recommends or mandates it. It wouldn’t discourage me from booking a trip. You are not waving your rights to sue over negligence which would have to be pretty bad to sue over a fishing trip.

I have never had to sign one for a charter though so it is a little strange, but I don’t think I would worry about it, but that’s just me.

 

I've only been on two , walleye and salmon. Wasn't asked to sign anything.

 

I have never signed a waiver. Not for Great Lakes charters, river charters or Florida charters. Guides all have been licensed and insured. No need for a waiver. Sounds odd that you signed a waiver.

 

I never have and I've been around...

 

I would not use that charter.

 

Even the Ausable River Queen didn't require you to sign a waiver.

 

I wouldn't be using that charter !

What there name so other people can avoid using them !

 

No not normal, that's a red flag. Maybe the captain has had a bad experience in the past to require it.

 

I’ve never had to sign a waiver.

 

Not like you’re cave diving

 

I'm a retired captain. I required clients to sign a contract/ waiver. It was mainly to protect against frivilous lawsuits. I never had people refuse to sign it and I always stayed booked up. They knew they would have to sign it when they booked. If I was ever negligent and somthing bad happened, the waiver would not have applied.

 

Any legit business operator protect themselves will have you sign a waiver or agree to T&Cs upon booking.

No waiver will absolve someone that operates negligently, but if they operate responsiblely and some freak accident happens they are financially protected

 

I have been on many charter and guided hunting trips. Some required them, some did not.

 

I don't feel that it's necessary to give the name of the charter because there has been no wrongdoing or bad intentions.
I just thought it was odd to be asked to sign a waiver against "all" liability for injury &/or loss. I've never met this captain, so I would be trusting him to operate his vessel safely. I also imagine that he must carry insurance to cover things which may occur, which is partially what the trip fee goes toward. Thus, as a paying customer, I don't agree with signing a waiver.
I give credit to captains that want to go into the charter business. It gives others a chance to get out and enjoy the great sport & our beautiful waters. As a boat owner & fisherman myself, I also understand that it is expensive to gear up the boat, gas it up, transport & trailer, etc... I usually don't book a charter because I get out often enough on my own boat or with my buds. However, I'm itching to go fishing & my boat won't be ready for a bit.
I explained this to the captain and told him that I'm not willing to sign the waiver. We understand each other's view and we are still going fishing.
Thanks for all the input.

Good luck & tight lines everyone, including the captains who deal with the rotation of people & personalities.

 

Night Moves -Is it possible to share the waiver you used? I'd like to compare the language for reference.

 

I used to have it in my web page, but that's long gone now. No waiver covers damages caused by negligence of the service provider. What it does cover is if a client has a heart attack and dies on the boat, writen properly it prevents his or her airs from suing for damages. I know of a captain that lost everything from just such a case. It also prevents a lawsuit when a client fiddles with a down rigger and gets a finger cut off. I know of a captian that got burned buy just such a case. It also prevents someone from suing the captian when they hurt their bad back in bumpy waves. I know of a case like that too. I could go on and on. Smart captains will requir a waiver. Probably the better captains too.

 

i have never had to sign one for a freshwater charter, but i have signed one for every salt water chater.(more than a dozen) basically a warning that they are not reaponsible for teeth and poison.

 

I guess a Captain asking you to sign a waiver is better than a Captain asking everyone on board to say a prayer that we make it back to shore before launching.