Liability Waiver & Host Agreement

Version 2.0 · Effective November 7, 2025

This page contains three agreements: (A) the Adult Angler Release, which the adult making a booking accepts for themselves; (B) the Parent or Guardian Release for minors, which applies to anyone under 18 in a booking party; and (C) the Host Agreement, which every pond owner accepts before listing. These agreements work alongside the PondShare Terms of Service.

A. Adult Angler Release of Liability, Waiver of Claims, and Assumption of Risk

READ CAREFULLY. BY ACCEPTING, YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURY OR DEATH CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

1. Who this covers. "I" means the adult (18 or older) accepting this release. The adult making a booking accepts this release for themselves. Their acceptance does not itself release claims belonging to other adults in the party. "Released Parties" means PondShare LLC and its owners, members, managers, employees, contractors, and agents, and the Host who owns or controls the property booked (the "Property"), together with the Host's family members and agents.
2. Inherent risks. I understand that fishing and being on private, rural, and largely unimproved Florida land and water involves inherent risks that cannot be eliminated, including but not limited to:
   • Water: drowning, deep or sudden drop-offs, currents, submerged objects, cold or hot water, and poor water quality, including bacteria, algae, and parasites.
   • Wildlife and animals: alligators, venomous snakes, snapping turtles, fish spines and teeth, biting and stinging insects, wild animals, and livestock.
   • Terrain and structures: slippery or collapsing banks, mud, uneven ground, docks, piers, fences, gates, holes, and tripping hazards.
   • Weather: heat illness, sunburn, dehydration, lightning, storms, and flooding.
   • Equipment and activity: hooks, knives, lines, rods, nets, and the handling and cleaning of fish.
   • Remoteness: limited cell service and delayed emergency response.
   • Others: the actions of other people in my party or on or near the Property.
3. Assumption of risk. I voluntarily assume all of the risks described above, and all other risks, known and unknown, of entering and using the Property, for myself and my property.
4. Release and waiver, including negligence. To the fullest extent permitted by Florida law, I RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE the Released Parties for any and all claims, including claims for personal injury, illness, death, and loss of or damage to property, arising out of or related to my booking, travel to or from, entry onto, or use of the Property, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
5. What this release does not cover. This release does not apply to claims arising from a Released Party's gross negligence or intentional misconduct, or to any claim that cannot be waived under Florida law.
6. Indemnity. I agree to defend, indemnify, and hold harmless the Released Parties from any claims, losses, damages, and costs (including reasonable attorneys' fees) brought by anyone, including members of my party, arising from my conduct or my party's conduct, my breach of this release or the Terms of Service, or my violation of any law.
7. Rules and conduct. I will:
   • stay within the areas and times shown in my booking, and bring no more people than booked;
   • hold any fishing license required by the Florida Fish and Wildlife Conservation Commission and follow all fishing laws and the Host's house rules;
   • not swim or wade beyond the bank, and not use boats, kayaks, or other watercraft unless the Host's listing expressly allows it;
   • not bring firearms, fireworks, or illegal drugs, and not consume alcohol unless the Host's listing expressly allows it;
   • not drive off designated roads or parking areas, and keep gates as I found them;
   • remove all trash and leave no trace; and
   • pay for any damage I or my party cause to the Property, including fences, equipment, livestock, and fish stock.
8. Medical. I am physically able to take part. I authorize emergency medical treatment if I am unable to consent, at my own expense. Neither PondShare nor the Host is obligated to provide first aid or rescue.
9. No inspection. I understand that PondShare does not own, inspect, operate, or supervise any Property, and does not guarantee that any Property is safe or matches its listing.
10. Governing law and severability. This release is governed by Florida law and is intended to be as broad and inclusive as Florida law permits. If any part is held invalid, the rest remains in full force and effect.
11. Electronic acceptance. I agree that checking the box or tapping "Accept" in the PondShare app is my electronic signature and has the same effect as signing on paper. PondShare will record the date, time, version, and booking for my acceptance.
12. Acknowledgment. I have read this release, I understand that I am giving up substantial rights, I had the chance to ask questions, and I accept it voluntarily.

B. Parent or Guardian Release for Minors (Inherent Risks)

This section applies to every person under 18 in a booking party. The minor’s natural guardian, as defined by Florida Statute § 744.301, must accept this release on the minor’s behalf. A parent or legal guardian must accompany the minor on the Property at all times. A booking adult who is not that minor’s natural guardian cannot provide this statutory release merely by making the booking.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF PONDSHARE LLC AND THE HOST USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM PONDSHARE LLC AND THE HOST IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND PONDSHARE LLC AND THE HOST HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

1. Release of inherent risks. As the minor’s natural guardian, and as permitted by Florida Statute § 744.301(3), I waive and release, on behalf of the minor and myself, any claim against PondShare LLC and the Host for personal injury, including death, or property damage resulting from the inherent risks of the activity, including the risks listed in Section A.2 above.
2. Supervision. I will personally supervise the minor at all times on the Property, including keeping the minor away from the water's edge as appropriate for the minor's age and swimming ability.
3. My own claims. As an adult, I also accept Section A for myself.
4. Electronic acceptance. I agree that my electronic acceptance in the app is my signature on behalf of the minor and myself, and that I am the minor’s natural guardian under Florida Statute § 744.301.

C. Host Agreement (For Pond Owners)

1. Ownership and authority. I am the legal owner of the Property or have written authority from the owner to grant paid access, and hosting does not violate any lease, mortgage, HOA rule, deed restriction, zoning rule, or law.
2. Accurate listing. My listing accurately describes the Property, its access, parking, fishing area, and house rules, and discloses known hazards that are not obvious to a visitor.
3. Safety obligations. I will keep the designated fishing area in a reasonably safe condition, and I will repair, mark, or disclose non-obvious man-made hazards, such as a rotted dock board, hidden trap, or exposed electrical wire, before any booking.
4. Important notice about Florida's recreational-use law. I understand that Florida Statute § 375.251 gives landowners certain protection from liability when they allow the public to use land for recreation without charge. Because I charge anglers for access, that protection may be reduced or unavailable to me. I understand that the angler release in Section A helps but does not eliminate my risk.
5. Insurance. PondShare does not provide insurance of any kind. I am solely responsible for obtaining appropriate liability and property insurance, and I am strongly encouraged to confirm with my insurer that paid recreational access is covered.
6. Platform role. PondShare LLC is a marketplace that provides booking, messaging, and payment tools. PondShare does not own, inspect, operate, manage, or supervise my Property, and is not my employer, partner, or agent.
7. Angler releases. The adult making a booking accepts Section A for themselves. A minor’s natural guardian must accept Section B for that minor. The booking adult’s acceptance does not itself release other adults’ claims. I understand this limitation and will not assume that every visitor has provided an enforceable release. PondShare will provide available acceptance records for my bookings on request. PondShare does not guarantee that any release will be enforced by a court.
8. Incidents. I will report any injury, property damage, or safety incident involving a booking to PondShare within 24 hours, and cooperate with any reasonable review.
9. Content. I grant PondShare a non-exclusive, royalty-free license to use the photos and descriptions I post to operate and promote the Service. I own or have permission to use that content.
10. Release and indemnity. To the fullest extent permitted by law, I release PondShare from claims arising from anglers' use of my Property, and I agree to defend, indemnify, and hold PondShare harmless from claims, losses, and costs (including reasonable attorneys' fees) arising from my Property, my listing, my conduct, or my breach of this agreement.
11. Taxes and compliance. I am solely responsible for reporting my income, collecting and paying any applicable taxes, and complying with all fishing, wildlife, and commercial-activity rules.
12. Electronic acceptance. My electronic acceptance in the app is my signature on this agreement.

Questions about this release: PondShare LLC · 7901 4th St N Ste 300, St. Petersburg, Florida 33702 · support@pondshare.app