Heaven's Gate Charters — Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement

Heaven's Gate Charters ("HGC") · Homer, Alaska · Owner: Seth Ellis

Version 1.0 · Effective October 15, 2026 · Accepted electronically at book.heavensgatecharters.com

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. IT INCLUDES A RELEASE OF LIABILITY, A WAIVER OF CLAIMS (INCLUDING CLAIMS FOR NEGLIGENCE), AN ASSUMPTION OF RISK, AND AN INDEMNITY AGREEMENT.

1. Parties and Definitions

1.1 "HGC" means Heaven's Gate Charters and its owner, Seth Ellis, together with its and his captains, crew, deckhands, employees, agents, contractors, successors, and assigns.

1.2 "Released Parties" means HGC and each person listed in 1.1, plus any vessel owned, operated, or chartered by HGC, including the Dream Catcher II (2003 Jetcraft 28') and any additional or substitute vessel HGC uses now or in the future, and the owners and insurers of those vessels.

1.3 "Guest," "I," "me," and "my" mean the person accepting this Agreement and, where that person accepts on behalf of others, each member of the party and each minor for whom the person is a parent or legal guardian.

1.4 "Trip" means any charter or activity provided by HGC, including halibut, multi-species, and Pacific cod trips, and all related activities: arriving at the harbor and meeting point (usually 6:30 AM), boarding and leaving the vessel, travel on the water, fishing, fish handling and cleaning, and time on docks, floats, ramps, and harbor facilities.

2. Nature of the Trip

HGC operates six-passenger ("six-pack") uninspected charter vessels carrying no more than six guests. Trips typically last about 8–9 hours in Kachemak Bay and Lower Cook Inlet, Alaska, which are open, cold, and in places remote waters. The vessel is a small boat with limited shelter and limited facilities, and conditions on board may be wet, cold, and confined.

3. Assumption of Risk

3.1 I understand that charter fishing in Alaska has inherent risks that cannot be eliminated, even with reasonable care, and that those risks can result in property damage, illness, injury, permanent disability, drowning, hypothermia, or death. These risks include, but are not limited to:

• Open water: seas, swells, wakes, waves, tidal currents, and sudden movements of the vessel;
• Cold water: local water temperatures can cause cold shock, hypothermia, and incapacitation within minutes for a person who enters the water;
• Weather and sea conditions: wind, rain, fog, low visibility, and conditions that can change quickly;
• Slips, trips, and falls on wet, moving, or cluttered decks, ladders, docks, floats, and ramps, including falls overboard;
• Fishing gear: hooks, lures, lines under tension, rods, reels, sinkers and weights, gaffs, harpoons, knives, fillet tools, and other sharp or heavy equipment, including being struck, cut, or hooked by my own gear or someone else's;
• Heavy and live fish: large halibut and other fish that thrash, bite, or have spines or sharp teeth when landed, handled, or dispatched;
• Physical strain: reeling heavy fish from deep water, standing for long periods, and repetitive motion, which can strain muscles, back, joints, or the heart;
• Seasickness, dehydration, sunburn, and exposure;
• Vessel and equipment issues: mechanical, electrical, or engine failure, fuel, fumes, exhaust, collision, grounding, fire, and capsizing;
• Actions of others, including other guests, other vessels, and wildlife;
• Remote location: the Trip takes place away from hospitals and medical facilities. Emergency response, evacuation, and rescue may take time or be delayed, and first aid supplies and training on board are basic;
• Errors in judgment by the captain or crew in navigation, weather assessment, fishing location, or operations.

3.2 I knowingly and voluntarily assume all of these risks, whether known or unknown, and whether or not described above, including risks arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law.

4. PFDs and Captain's Authority

4.1 HGC provides U.S. Coast Guard–approved personal flotation devices (PFDs). I agree to wear a PFD whenever the captain or crew tells me to, and I may wear one at any time I choose. Children must wear a PFD as required by law and by the captain. I may bring my own Coast Guard–approved PFD.

4.2 I agree to attend the pre-departure briefing and to follow all instructions of the captain and crew at all times, including instructions about where to stand or sit, moving about the vessel, handling gear and fish, and emergency procedures.

4.3 The captain has full and final authority over the vessel and everyone on board. The captain may, at the captain's sole discretion, refuse boarding to, restrict the activities of, or require the return to port of any guest whose behavior, condition, or failure to follow instructions the captain considers unsafe or disruptive. If the captain does so because of my conduct or condition, I am not entitled to a refund except as stated in HGC's booking/refund policy.

5. Weather, Cancellations, Delays, and Early Returns

5.1 The captain may cancel, delay, shorten, reroute, or end any Trip early, or change the fishing location or target species, at the captain's sole discretion for weather, sea conditions, mechanical problems, medical emergencies, regulatory reasons, or any other operational concern. I agree to respect these decisions and not to pressure the captain about them.

5.2 Any refund, credit, or rescheduling is governed solely by HGC's booking/refund policy in effect at the time of booking, which is incorporated by reference. Refunds are handled only by the owner; captains and crew cannot promise or issue refunds. Nothing in this Agreement creates a right to a refund beyond that policy.

5.3 HGC does not guarantee any catch, species, size, or number of fish.

6. Medical Conditions and Fitness

6.1 I am responsible for telling HGC before the Trip (in the booking form or directly to the captain before departure) about any medical condition, disability, allergy, or limitation that could affect me or others during the Trip, including heart or lung conditions, diabetes, seizures, recent surgery or injury, mobility limits, and severe allergies.

6.2 I am responsible for bringing my own medications (for example, inhalers, epinephrine auto-injectors, insulin, heart medication, and seasickness medication) in enough quantity for a long day on the water.

6.3 I confirm that I (and each member of my party) am physically and mentally fit for an 8–9 hour day on a small boat in open, cold, and changing sea conditions, including standing, balancing on a moving deck, and reeling heavy fish.

6.4 If I am pregnant, have a heart condition, or have any other significant medical condition, I am advised to consult my doctor before booking or participating. I accept the decision to participate as my own.

6.5 I authorize the captain and crew to give first aid and to arrange emergency medical care or evacuation for me if they believe it is needed, and I agree that I am responsible for the cost of any such care or evacuation. I understand that the crew are not medical professionals.

7. Alcohol and Drugs

7.1 Alcohol is allowed on board. Guests who choose to drink must do so responsibly, stay in control of themselves at all times, and remain able to follow the captain's and crew's instructions. Only guests 21 or older may consume alcohol, as required by Alaska law.

7.2 Illegal drugs are prohibited on board and at the harbor meeting point. No guest may board or participate while impaired by alcohol, cannabis, or any drug or medication to the point that it affects their judgment, balance, or ability to follow instructions.

7.3 If the captain believes, at the captain's sole discretion, that a guest is impaired or that a guest's conduct is unsafe or disruptive, the captain may do any of the following: refuse to allow further drinking, refuse boarding, end the guest's participation, or return the vessel to harbor. In these cases no refund is owed to the guest or the guest's party except as stated in HGC's booking/refund policy.

8. Minors

8.1 A person under 18 may participate only if a parent or legal guardian accepts this Agreement on the minor's behalf and, unless HGC agrees otherwise in writing, an adult responsible for the minor is on board.

8.2 By accepting for a minor, the parent or legal guardian confirms that they have legal authority to do so, agrees to the terms of this Agreement for the minor and for themselves, assumes the risks described above on the minor's behalf, and agrees to the indemnity in Section 10 for any claim brought by or for the minor, to the fullest extent permitted by law.

8.3 The parent, guardian, or responsible adult is responsible for supervising the minor at all times on the vessel and dock.

9. Licenses, Charter Halibut Stamp, and Fishing Regulations

9.1 Each angler who is required by law to have one is responsible for obtaining a valid Alaska sport fishing license (and any other required stamp or tag) before the Trip and having it available on board.

9.2 Charter halibut stamp. Under current federal regulations, adult charter anglers who fish for halibut in this area need a charter halibut stamp. HGC's rule is that every angler 18 or older on any Trip that includes halibut fishing must have a charter halibut stamp for that Trip. Guests are responsible for obtaining (or paying for) any required license and charter halibut stamp in accordance with current Alaska and federal regulations. Charter halibut stamps are issued electronically through the charter operator; HGC will explain at booking how the stamp is provided and paid for.

9.3 I agree to comply with all applicable fishing regulations, including those of the Alaska Department of Fish and Game (ADF&G) and NOAA Fisheries / the International Pacific Halibut Commission, such as bag, possession, size, and annual limits and reporting requirements, and with the captain's instructions on retaining and releasing fish. I am responsible for any fines or penalties resulting from my own violations. The captain may refuse to let an angler fish who does not have a required license or stamp.

10. Release, Waiver, and Indemnity / Hold Harmless

10.1 RELEASE AND WAIVER. In exchange for being allowed to participate in the Trip, and to the fullest extent permitted by law, I release, waive, discharge, and agree not to sue the Released Parties for any and all claims, demands, losses, damages, or liabilities of any kind — including for personal injury, illness, disability, death, and loss of or damage to property — arising out of or related to the Trip, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY or by the condition of any vessel or equipment.

10.2 INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties from any claims, lawsuits, losses, costs, and expenses (including reasonable attorney's fees) brought by me, by any member of my party, by any minor for whom I accepted this Agreement, or by anyone claiming through any of us (such as heirs or family members), and from any claims by third parties arising from my own conduct or that of my party.

10.3 Who is bound. This Agreement binds me, each member of my party for whom I accept, and our heirs, next of kin, spouses, executors, administrators, personal representatives, and assigns.

10.4 Limits. This release does not apply to claims that, under applicable law, cannot be released, such as (where the law so provides) claims arising from gross negligence, recklessness, or intentional misconduct. If any part of this release is limited by law, it will be enforced to the maximum extent allowed.

11. Personal Property

I am responsible for my own personal property, including phones, cameras, eyeglasses, clothing, and gear. The Released Parties are not responsible for lost, stolen, wet, or damaged property, or for fish lost, spoiled, or mishandled after the Trip, to the fullest extent permitted by law.

12. Photos and Video

12.1 By accepting this Agreement, I agree that HGC may take photos and video of me and my party (including any minors I am responsible for) during the Trip, and may use them, without payment, on HGC's website, social media, advertising, and other marketing.

12.2 If I prefer not to be photographed or featured, I can simply tell the captain or crew on the day of the Trip, or contact HGC in writing at any time. HGC will honor that request going forward, but is not required to remove materials already published or printed.

13. Governing Law and Venue

This Agreement is governed by the laws of the State of Alaska. Any lawsuit related to this Agreement or the Trip must be brought in the courts located in the State of Alaska, and I consent to the jurisdiction of those courts.

14. Severability

If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent allowed (or removed if necessary), and the rest of the Agreement will remain in full force and effect.

15. Entire Agreement

This Agreement, together with HGC's booking terms and booking/refund policy, is the entire agreement about the matters it covers. No oral statement by any captain, crew member, or employee changes it.

16. Acknowledgement and Electronic Acceptance

16.1 I have read this entire Agreement, I understand it, and I am at least 18 years old (or the parent or legal guardian accepting for a minor). I understand that I am giving up substantial legal rights, including the right to sue for negligence, and I accept it freely and voluntarily.

16.2 Electronic signature. I agree that checking the required box on HGC's online booking form at book.heavensgatecharters.com is my electronic signature, has the same legal effect as a handwritten signature, and that this Agreement may be kept in electronic form.

16.3 Accepting for my party. If I book for other people, I confirm that (a) I have provided this Agreement to each member of my party before the Trip, (b) each adult in my party has authorized me to accept it on their behalf, and (c) I am the parent or legal guardian of any minor for whom I accept, or have that person's authority. I agree to indemnify the Released Parties if any of these statements is not true. HGC strongly encourages each adult guest to read and accept this Agreement individually, and HGC may require any guest to accept it personally (electronically or on paper) before boarding.

16.4 This Agreement applies to the booked Trip and to any rescheduled, replacement, or additional Trip with HGC unless HGC provides an updated version.