These Terms of Service (“Terms”) govern your access to and use of the web application and related services (the “Platform”) provided by Ironclad Sportfishing Inc. (“Ironclad,” “we,” “us,” or “our”). By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
1. Eligibility & Accounts
You must be at least 18 years old to create an account. You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
2. Marketplace Model — Booking Agent / Broker
Ironclad operates a booking marketplace. For certain trips, Ironclad acts solely as a booking agent and broker, and the trip is operated by an independent third-party vessel and operator (for example, Todo O Nada Boat Charters or Fernandez Charters).
Independent / Referred Vessels. Where Ironclad books, refers, or coordinates a trip operated by an independent third-party vessel and operator, Ironclad acts solely as a booking agent/broker and does not own, operate, crew, control, or insure that vessel. Your sole recourse for any such trip is against the independent vessel and its operator, which is solely responsible for that trip and carries its own insurance. This allocation is subject to applicable U.S. maritime law, including 46 U.S.C. §30527 and any non-waivable seaman remedies under the Jones Act and General Maritime Law.
3. Bookings, Payments & Cancellations
Bookings are confirmed when accepted and any required deposit is paid. Payments and deposits are processed through our third-party payment processor, Authorize.net. Prices, deposit amounts, and cancellation and weather-delay terms are those stated at the time of booking and in the applicable charter agreement. Cancellation, refund, and rescheduling outcomes are governed by that agreement; deposits may be non-refundable as stated there. For trips operated by an independent vessel, the operator’s own booking and cancellation terms may also apply.
4. Electronic Signatures
Certain documents—such as charter agreements, hold-harmless agreements, crew agreements, and minor acknowledgments—are executed electronically through our e-signature provider, Documenso. By using the Platform, you consent to do business electronically and agree that your electronic signature is legally binding and has the same effect as a handwritten signature.
5. User Content & Credential Accuracy
You are responsible for the content, documents, photos, and credentials you submit. You represent and warrant that all information you provide—including identification, maritime credentials, licenses, medical and consortium records, and passenger details—is true, accurate, current, and complete, and that you are authorized to provide it. Submitting false, expired, or misleading information may result in suspension or termination of your account and may carry legal consequences.
6. Assumption of Risk; Hold Harmless
Sportfishing and being aboard a vessel at sea involve inherent risks, including rough seas, weather, slips and falls, equipment use, and the conduct of others. You acknowledge and voluntarily assume these risks. Passengers and crew must comply with all captain and crew instructions and safety rules. Participation in a trip is also subject to the signed Hold Harmless and Damage Agreement and any other waivers applicable to that trip, which are incorporated into these Terms by reference.
7. Disclaimers & Limitation of Liability
The Platform is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure.
To the fullest extent permitted by law, Ironclad will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for the acts, omissions, vessels, or insurance of independent operators. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited or excluded under applicable law (including non-waivable remedies under U.S. maritime law).
8. Indemnification
You agree to indemnify and hold harmless Ironclad and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, your content or credentials, your violation of these Terms, or your violation of any law or third-party right.
9. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by applicable U.S. federal maritime law. Where federal maritime law applies, it controls to the extent of any conflict.
10. Dispute Resolution
We encourage you to contact us first at info@ironcladsportfishing.com so we can try to resolve any dispute informally. If a dispute cannot be resolved informally, it will be brought in the state or federal courts located in San Diego County, California, or in an admiralty court of competent jurisdiction where maritime law applies, and you consent to the jurisdiction of those courts. This section does not waive any non-waivable right.
11. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Platform after an update means you accept the revised Terms.
12. Contact Us
Questions about these Terms? Contact us at info@ironcladsportfishing.com.