Liability & Waiver

The Angler Waiver (For the Guest)

PONDSHARE LLC: RELEASE OF LIABILITY AND ASSUMPTION OF RISK

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN (Required by Florida Statute § 744.301) 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 THE HOST OR PONDSHARE LLC 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 THE HOST OR PONDSHARE LLC 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.

1. THE PARTIES: I, the undersigned "Angler," am booking access to private property (the "Property") via PondShare LLC. This waiver applies to me and all guests (including minors) in my party.
2. ASSUMPTION OF RISK: I acknowledge that outdoor activities on unimproved Florida land involve INHERENT RISKS, including but not limited to:
   • Wildlife: Encounters with Alligators, venomous snakes (Water Moccasins/Cottonmouths), snapping turtles, and stinging insects.
   • Terrain: Slippery banks, unstable docks, submerged logs, deep water, and tripping hazards.
   • Weather: Heatstroke, lightning, and sudden Florida storms.
3. RELEASE OF LIABILITY: I hereby RELEASE, WAIVE, AND DISCHARGE the Host and PondShare LLC from all liability for personal injury, death, or property damage, INCLUDING CLAIMS CAUSED BY THE NEGLIGENCE OF THE HOST OR PONDSHARE LLC, to the fullest extent permitted by Florida law.
4. INDEMNIFICATION: I agree to indemnify and hold harmless the Host and PondShare LLC from any claims or legal fees arising from my (or my guests') use of the Property. I am financially responsible for any damage I cause to the Property (fences, livestock, etc.).
5. RULES: I will stay within designated zones, remove all trash (Leave No Trace), and follow all specific Host "House Rules."

The Host Agreement (For the Property Owner)

PONDSHARE LLC: HOST TERMS AND CONDITIONS

1. OWNERSHIP & AUTHORITY: By listing a property on PondShare LLC, I warrant that I am the legal owner of the Property or have explicit written authority from the owner to grant access. I certify that my participation does not violate any local HOA bylaws or deed restrictions.
2. SAFETY OBLIGATIONS: I agree to maintain the designated fishing area in a reasonably safe condition. While the Angler assumes the risk of natural hazards, I agree to disclose or repair any non-obvious man-made hazards (e.g., a rotted dock board, hidden trap, or unsafe electrical wire).
3. PLATFORM ROLE: I acknowledge that PondShare LLC is a marketplace platform and does not own, inspect, or manage my property. I understand that PondShare LLC does not currently provide insurance and that I am responsible for my own property and liability insurance.
4. ANGLER PROTECTION: PondShare LLC agrees to require every Angler to sign a Florida-compliant Liability Waiver (releasing the Host from liability) before any booking is confirmed. I may request a copy of this signed waiver for any booking.
5. INDEMNIFICATION: I agree to indemnify and hold PondShare LLC harmless from any claims, damages, or legal fees resulting from my breach of these terms or any misrepresentation of my property.
6. TAXES & COMPLIANCE: I am solely responsible for reporting income earned through PondShare LLC and complying with all Florida freshwater fishing and commercial activity regulations.