Terms of Service

Effective Date: April 3, 2025

Welcome to MakeupCharters.com ("MakeupCharters," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of makeupcharters.com and any related services, features, communications, forms, or content offered through the website (collectively, the "Site" or "Services").

By accessing or using the Site, submitting an inquiry, requesting a captain introduction, creating an account, communicating through the Site, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site or Services.

1. What MakeupCharters Does

MakeupCharters is a coordination and referral platform that helps connect anglers with offshore fishing captains, charter operators, and related third-party service providers.

MakeupCharters does not own, operate, captain, crew, manage, maintain, inspect, supervise, or control any vessel, charter trip, marina, or offshore fishing excursion. We are not a charter operator, guide service, marine transporter, or insurer. We facilitate introductions and communications only.

Any charter, fishing trip, excursion, transportation, or related service arranged through or following use of the Site is provided solely by independent third parties. Any agreement for those services is strictly between you and the applicable captain, charter operator, vessel owner, or provider.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use this Site and Services.

If you make arrangements on behalf of any other participant, passenger, guest, or minor, you represent that you are authorized to act on their behalf and that you have informed them of these Terms, including the assumption of risk, waiver, release, and limitation of liability provisions.

3. No Guarantee of Trip Availability or Quality

Use of the Site does not guarantee:

  • availability of any captain, vessel, or charter date;
  • acceptance of your request by any captain or operator;
  • the safety, seaworthiness, licensing, qualifications, insurance, conduct, or performance of any third party;
  • weather, sea conditions, fishing conditions, catch results, or trip satisfaction;
  • accuracy of third-party pricing, trip descriptions, schedules, cancellation terms, or availability.

You are solely responsible for evaluating whether any trip, vessel, captain, crew, or service is appropriate for you.

4. User Responsibility

You agree that you are solely responsible for:

  • performing your own due diligence regarding any captain, vessel, crew, or charter operator;
  • confirming safety practices, trip details, payment terms, cancellation terms, and insurance directly with the third party;
  • determining whether you and your party are physically, medically, and otherwise able to participate in offshore fishing activities;
  • complying with all laws, regulations, posted policies, and captain or crew instructions;
  • obtaining any travel, medical, evacuation, liability, or trip insurance you consider appropriate.

5. Offshore Fishing Involves Inherent Risks

You understand and agree that offshore fishing, boating, marine transportation, boarding and disembarking vessels, and related activities involve serious inherent risks and dangers, including the risk of severe injury, illness, disability, property damage, emotional distress, or death.

These risks may include, without limitation:

  • rough seas, waves, tides, wakes, storms, lightning, high winds, currents, fog, and changing marine conditions;
  • slips, falls, collisions, capsizing, sinking, fire, mechanical failure, fuel-related incidents, or equipment failure;
  • hook injuries, line injuries, gaff injuries, knife injuries, fish strikes, entanglement, and injuries caused by tackle, bait, rods, reels, coolers, and marine gear;
  • sun exposure, dehydration, seasickness, exhaustion, allergic reactions, bites, stings, and contact with marine wildlife;
  • negligent acts or omissions by captains, crew, passengers, marinas, transportation providers, or other third parties;
  • remoteness from shore, delayed rescue, limited communication, and limited access to emergency medical care.

6. Assumption of Risk

By using the Site or participating in any trip or related activity resulting from the Site, you knowingly, voluntarily, and expressly assume all risks associated with offshore fishing, marine travel, boating, and related activities, whether known or unknown, foreseeable or unforeseeable.

You acknowledge that you fully understand these risks and voluntarily choose to accept them.

7. Release of Liability

To the fullest extent permitted by law, you, on behalf of yourself and your heirs, estate, personal representatives, assigns, family members, and anyone claiming through you, release, waive, discharge, and covenant not to sue MakeupCharters, its parent companies, subsidiaries, affiliates, related entities, owners, members, managers, officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, liabilities, judgments, costs, and expenses of any kind, whether known or unknown, arising out of or relating to:

  • your use of or inability to use the Site or Services;
  • any introduction, referral, lead, communication, or connection made through the Site;
  • any charter, trip, fishing activity, marine activity, transportation, or related service;
  • any act, omission, negligence, misconduct, misrepresentation, error, cancellation, delay, injury, death, theft, or property damage caused by or involving any third party.

This release applies to all claims to the fullest extent allowed by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, settlements, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

  • your use of the Site or Services;
  • your participation in any trip or related activity;
  • your violation of these Terms;
  • your violation of any law or the rights of any third party;
  • any claim brought by a passenger, guest, family member, or other third party related to your use of the Site or any trip or arrangement connected to your use of the Services.

9. Third-Party Providers

All captains, charter operators, boat owners, mates, marinas, processors, transportation providers, and related service providers are independent third parties and are not employees, agents, joint venturers, partners, or representatives of MakeupCharters.

MakeupCharters is not responsible for the acts, omissions, services, policies, contracts, pricing, conduct, equipment, vessels, insurance, safety practices, cancellations, or disputes of any third party.

10. Payments, Refunds, and Cancellations

Unless expressly stated otherwise in writing, MakeupCharters is not responsible for third-party pricing, deposits, payment processing, refunds, weather decisions, rescheduling, cancellations, no-shows, or trip disputes.

Any such matters are governed solely by the applicable third-party captain or operator's own terms and policies.

If MakeupCharters collects any fee directly, that fee is for referral, coordination, administrative, lead generation, or related platform services, unless expressly stated otherwise.

11. No Warranties

The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, MakeupCharters disclaims all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or reliability.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, revenue, use, or opportunity, arising out of or related to your use of the Site, Services, or any related trip or activity.

To the fullest extent permitted by law, the total liability of the Released Parties for any claim arising out of or relating to the Site or Services shall not exceed the greater of: the amount paid by you directly to MakeupCharters in the twelve (12) months preceding the event giving rise to the claim; or one hundred U.S. dollars ($100.00).

13. User Submissions

If you submit an inquiry, request, message, review, feedback, photograph, or other content through the Site, you grant MakeupCharters a non-exclusive, royalty-free, worldwide license to use, reproduce, display, transmit, and distribute that content for the purpose of operating, maintaining, marketing, and improving the Services, subject to our Privacy Policy.

You represent that the information you provide is accurate and that you have the right to provide it.

14. Prohibited Uses

You agree not to:

  • use the Site for any unlawful, fraudulent, misleading, or abusive purpose;
  • submit false or inaccurate information;
  • impersonate another person or entity;
  • interfere with the operation or security of the Site;
  • attempt to gain unauthorized access to the Site or related systems;
  • scrape, harvest, copy, or misuse Site content or user information;
  • use the Site in any way that may harm MakeupCharters, its users, captains, or service providers.

15. Suspension or Termination

We may suspend, restrict, or terminate your access to the Site or Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms or created risk or liability for us or others.

16. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of laws principles.

18. Venue

Any dispute arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in the state or federal courts located in Worcester County, Maryland, and you consent to the jurisdiction and venue of those courts.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or disclosures posted on the Site, constitute the entire agreement between you and MakeupCharters regarding the Site and Services.

21. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised Effective Date. Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms.

22. Contact Information

MakeupCharters.com LLC
PO Box 1234
Ocean City, MD 21842
legal@makeupcharters.com