Terms of Service
Last Updated: October 27, 2026
These Terms of Service (this “Agreement”) constitute a legally binding agreement between JMT Water Sports, LLC, doing business as Sail Fish Scuba (“Company,” “Sail Fish Scuba,” “we,” “us,” or “our”), a Florida limited liability company, and you (“you” or “your”) concerning your access to and use of our websites, social media accounts, photo-sharing platforms, online services, reservations, purchases, and related services, including our website accessible at https://sailfishscuba.com (collectively, the “Service”).
BY ACCESSING OR USING THE SERVICE, MAKING A RESERVATION, PURCHASING A PRODUCT OR SERVICE, OR OTHERWISE EXPRESSLY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT THROUGH AN APPLICABLE BOOKING OR PURCHASE PROCESS, YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SERVICE OR COMPLETE A TRANSACTION THAT REQUIRES ACCEPTANCE OF THIS AGREEMENT.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND OTHER IMPORTANT LEGAL PROVISIONS THAT MAY APPLY TO YOU.
1. Changes to This Agreement
Sail Fish Scuba reserves the right, at any time and subject to applicable law, to:
- Modify or update the terms and conditions of this Agreement.
- Modify, suspend, discontinue, or replace any portion of the Service, including website features, reservation methods, products, and services.
- Restrict, suspend, or terminate access to the Service where appropriate.
Changes to this Agreement will be published on our website. We may provide additional notice of material changes when appropriate or required by law.
Your continued use of the Service after updated terms become effective may constitute acceptance of those changes where permitted by applicable law.
Changes to this Agreement will not automatically modify the terms of an existing confirmed reservation or purchase where those terms have already been agreed upon, except as otherwise permitted by law or mutually agreed.
2. Use of the Service
Certain features of the Service may require users to provide personal information, establish an account, submit reservation details, or complete a transaction through Sail Fish Scuba or an authorized third-party provider.
When providing information to Sail Fish Scuba, you agree to:
A. Provide accurate, current, and complete information, including contact information and any details required to process a reservation or purchase.
B. Maintain and update information when necessary to ensure its accuracy.
C. Refrain from impersonating another person or providing false or misleading information.
D. Use the Service only for lawful purposes and in accordance with this Agreement.
If the Service offers account registration, you are responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account.
You agree to notify Sail Fish Scuba or the applicable account provider promptly if you become aware of unauthorized account access.
Sail Fish Scuba may refuse or restrict access to the Service where information provided is materially inaccurate, fraudulent, or otherwise inconsistent with this Agreement.
By providing your email address, telephone number, or other contact information in connection with an inquiry or reservation, you acknowledge that Sail Fish Scuba may use that information to communicate with you regarding your transaction, reservation, payment, scheduling, and related administrative matters.
Marketing communications, where offered, will be subject to applicable consent and opt-out requirements.
3. Rules Governing Your Use of the Service
You may not use the Service, or assist another person in using the Service, for any unlawful, unauthorized, fraudulent, or harmful purpose.
Prohibited activities include, without limitation:
A. Copying, reproducing, framing, or mirroring any substantial portion of the Service without authorization.
B. Attempting to access restricted systems, accounts, or information without permission.
C. Reverse engineering, decompiling, or attempting to extract proprietary software or source code, except where expressly permitted by law.
D. Introducing malicious software, viruses, or other harmful technology.
E. Interfering with or attempting to disrupt the operation, security, or availability of the Service.
F. Using automated programs, bots, scrapers, or similar technologies to access or collect information from the Service without authorization.
G. Attempting to bypass security controls or restrictions established by Sail Fish Scuba or its service providers.
H. Using the Service to transmit fraudulent, defamatory, threatening, or otherwise unlawful material.
I. Removing or modifying copyright notices, trademarks, or other proprietary notices.
J. Violating any applicable federal, state, local, or international law.
Unauthorized use of the Service may result in restricted access, termination of services, or other remedies available under applicable law.
4. Intellectual Property
A. Limited Right to Use the Service
Subject to compliance with this Agreement, Sail Fish Scuba grants users a limited, non-exclusive, non-transferable, revocable right to access and use the Service for lawful personal and transactional purposes.
No ownership interest in the Service or its contents is transferred to users through access or use.
B. Company Rights
The Service, including its original text, photographs, videos, graphics, logos, website design, and other proprietary materials, is owned by Sail Fish Scuba or used under appropriate authorization.
These materials may be protected by copyright, trademark, and other intellectual property laws.
Sail Fish Scuba provides complimentary underwater photographs and videos to guests participating in eligible recreational scuba diving activities. Guests are welcome to download, save, share, and reproduce photographs and videos provided to them for personal, non-commercial use, including sharing on social media.
The provision of complimentary photographs and videos does not transfer copyright ownership or grant unrestricted commercial usage rights unless otherwise expressly authorized by Sail Fish Scuba.
Photography and Promotional Use
Sail Fish Scuba may capture photographs and videos during scuba diving trips, snorkeling excursions, training programs, and other activities. Sail Fish Scuba retains its applicable intellectual property rights in photographs and videos captured by its personnel and reserves the right to use, reproduce, publish, display, and distribute these materials for lawful business, educational, informational, and promotional purposes, including publication on its official website, social media platforms, Flickr and other photo-sharing platforms, advertisements, and other marketing materials.
The use of photographs or videos featuring identifiable participants for promotional purposes remains subject to applicable law and any required consent or separately executed media release.
Except for the permitted use of complimentary guest photographs and videos, users may not reproduce, distribute, modify, publish, commercially exploit, or create derivative works from Sail Fish Scuba's proprietary materials without prior authorization.
C. User-Submitted Content
You may voluntarily submit photographs, videos, reviews, testimonials, comments, messages, or other materials to Sail Fish Scuba through our website, social media platforms, email, or other communication channels (collectively, “User Content”).
You retain any ownership rights you hold in User Content that you submit. By submitting User Content, you grant JMT Water Sports, LLC, doing business as Sail Fish Scuba, a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and otherwise process such content to the extent reasonably necessary to respond to your submission, provide the requested Service, or fulfill the purpose for which the content was provided.
Where you voluntarily submit User Content for publication, sharing, or promotional use, you additionally grant Sail Fish Scuba a non-exclusive, worldwide, royalty-free license to reproduce, publish, display, distribute, and share such content for lawful business, educational, informational, and promotional purposes, including publication on our website, social media platforms, photo-sharing platforms, advertisements, and other marketing channels, subject to applicable law and any required consent.
You represent and warrant that you own or otherwise possess the necessary rights, licenses, permissions, and authorizations to submit the User Content and grant the rights described in this Agreement. You further represent that your submission and our authorized use of such content will not violate the intellectual property, privacy, publicity, or other legal rights of any third party.
If your name, voice, image, persona, likeness, performance, or other identifying characteristics appear in User Content that you submit to Sail Fish Scuba, you represent that you have the authority to authorize the use of those identifying characteristics as described in this Agreement. Where User Content includes identifiable individuals other than yourself, you represent that you have obtained any permissions or authorizations required for the intended use of that content.
To the fullest extent permitted by applicable law, and solely with respect to uses expressly authorized under this Agreement, you agree to waive, release, and not assert against JMT Water Sports, LLC, doing business as Sail Fish Scuba, its authorized service providers, and their respective sublicensees, any claims or causes of action, whether known or unknown, arising from the authorized use, publication, reproduction, display, or distribution of such User Content, including claims alleging defamation, copyright infringement, invasion of privacy, violation of rights of publicity or personality, or any similar claims relating to the authorized use of such content.
This provision does not waive claims arising from unauthorized uses, unlawful conduct, or rights that cannot legally be waived. Any broader promotional or commercial use of identifiable photographs, testimonials, personal likenesses, or other identifying characteristics remains subject to applicable law and any required consent or separately executed release.
Sail Fish Scuba reserves the right, but assumes no obligation, to review, decline, remove, or discontinue the publication of User Content that we determine, in our discretion, to be inappropriate, misleading, unlawful, infringing, or otherwise inconsistent with this Agreement.
D. Trademarks and Proprietary Materials
The Sail Fish Scuba name, logos, and associated branding may not be used in a manner that suggests sponsorship, endorsement, or affiliation without authorization.
Third-party trademarks, including those belonging to certification agencies, equipment manufacturers, and other organizations, remain the property of their respective owners.
E. Responsibility for User Content
You are responsible for ensuring that any User Content you submit does not infringe another person's intellectual property, privacy, publicity, or other legal rights.
Sail Fish Scuba reserves the right to decline, remove, or discontinue use of submitted content when appropriate.
5. Third-Party Links
The Service may contain links to or integrations with third-party websites, booking platforms, payment processors, training providers, software applications, and other external resources (“Third-Party Services”).
These services may include, without limitation, certification and educational platforms, electronic waiver systems, promotional marketplaces, and reservation providers.
Sail Fish Scuba does not control the independent operation, availability, accuracy, security, or content of Third-Party Services. The inclusion of a third-party link or integration does not necessarily constitute an endorsement of that provider or its products.
Third-Party Services may maintain separate terms of service, privacy policies, refund provisions, and other contractual requirements.
You are responsible for reviewing the applicable terms before completing transactions or submitting information through those services. Nothing in this section limits any responsibility Sail Fish Scuba may have under applicable law for services it directly provides.
6. Competency
By entering into this Agreement or completing a purchase, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. Individuals under the age of 18 may use the Service or participate in eligible activities with the authorization and involvement of a parent or legal guardian, subject to applicable age restrictions and participation requirements
.
A parent or legal guardian entering into an agreement on behalf of a minor represents that they have the authority to provide the required consent.
Nothing in this section prohibits minors from participating in age-appropriate services offered by Sail Fish Scuba when all applicable requirements are satisfied.
7. Privacy Policy
Your use of the Service is subject to Sail Fish Scuba's applicable privacy disclosures and Privacy Policy. Sail Fish Scuba may collect information necessary to respond to inquiries, process transactions, administer reservations, provide customer support, and comply with applicable legal obligations.
Certain information may be collected or processed by authorized third-party service providers in connection with payment processing, reservation management, electronic waivers, or educational services.
We reserve the right to update our privacy practices and disclosures in accordance with applicable law.
8. Term and Termination
This Agreement becomes effective when you first accept its terms through an applicable process and remains effective for the duration of your use of the Service, unless terminated in accordance with its provisions.
Sail Fish Scuba reserves the right to suspend, restrict, or terminate access to the Service when reasonably necessary, including in circumstances involving:
- Material violations of this Agreement.
- Fraudulent or unauthorized transactions.
- Misuse of the Service.
- Threats to website security or operational integrity.
- Conduct that violates applicable law.
Termination of access to the Service does not automatically cancel existing financial obligations or alter any refund rights arising under a confirmed reservation.
Provisions concerning intellectual property, disclaimers, liability, indemnification, governing law, and other provisions intended by their nature to survive termination will remain applicable to the extent permitted by law.
Sail Fish Scuba may modify, suspend, or discontinue website features or services, subject to its existing contractual obligations and applicable law.
9. Bookings
A. Reservations and Purchase
Sail Fish Scuba may accept reservations and purchases through its website, telephone, email, WhatsApp, in person, or through authorized third-party booking and promotional platforms, where available.
For purposes of this Agreement, a “Booking” includes a reservation, purchase, registration, charter arrangement, training enrollment, or other transaction involving products or services offered by Sail Fish Scuba.
All Bookings are subject to availability, acceptance by Sail Fish Scuba, and applicable terms communicated at the time of reservation or purchase.
Submitting a reservation request or initiating a purchase does not automatically guarantee acceptance or availability.
Sail Fish Scuba reserves the right to decline or cancel a Booking in accordance with applicable law and the terms disclosed during the transaction.
B. Pricing and Payments
Prices for products and services may be displayed on our website, communicated directly by Sail Fish Scuba, or published through authorized third-party providers.
Applicable taxes, equipment rentals, optional upgrades, training materials, and additional charges may apply and will be disclosed as required during the reservation or purchase process.
Payment arrangements, deposits, outstanding balances, and accepted payment methods are determined by the terms applicable to each Booking.
Sail Fish Scuba may use third-party payment processors to facilitate transactions. Such transactions may also be governed by the processor's applicable terms.
We reserve the right to correct pricing errors and decline transactions based on materially incorrect advertised prices, subject to applicable law and any obligations arising from an accepted purchase.
C. Booking Availability and Modifications
All Bookings are subject to operational availability and the conditions applicable to the requested service.
Sail Fish Scuba may make reasonable changes to scheduling, vessel assignments, activity locations, or other operational arrangements where necessary.
Any material modification or cancellation will be handled according to the applicable reservation terms, published policies, and governing law.
D. Cancellations and Refunds
All Bookings are subject to Sail Fish Scuba's applicable cancellation, refund, and rescheduling policies. These policies may vary according to the type of activity, reservation size, training program, charter arrangement, or promotional offer.
Customers are responsible for reviewing the applicable policies before confirming a Booking.
The complete policies are available at: https://sailfishscuba.com/sail-fish-scuba-policies
Nothing in this Agreement eliminates any non-waivable refund or consumer protection rights established by applicable law.
E. Third-Party Bookings and Promotional Offers
Sail Fish Scuba may offer certain products or services through authorized third-party platforms, including online booking providers, travel partners, and promotional marketplaces.
Bookings made through these platforms may be subject to additional terms, including promotional restrictions, redemption procedures, expiration dates, availability, and refund conditions.
Customers are responsible for reviewing the terms of the applicable offer before purchase.
Promotional vouchers and third-party reservations do not automatically guarantee availability for a particular date or eligibility to participate in an activity.
All participants remain subject to the applicable requirements and restrictions disclosed in connection with the purchased service.
Reservations, gift certificates, promotional vouchers, prepaid services, or other purchases issued or sold under previous ownership of Sail Fish Scuba are not automatically assumed or honored by JMT Water Sports, LLC. Any requests to redeem such purchases will be reviewed individually and are subject to applicable law, and any obligations expressly assumed by JMT Water Sports, LLC.
Where third-party promotional terms conflict with this Agreement, the rights and obligations of the parties will be determined by the applicable transaction terms and governing law.
F. Reservation Holder Responsibilities
The individual making a Booking on behalf of other participants is responsible for providing accurate reservation information and communicating the applicable booking requirements to the individuals included in the reservation. A reservation holder is responsible for payment obligations expressly accepted during the booking process.
Each participant may be required to complete separate documentation or acknowledge additional participation requirements before receiving services.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS GENERAL INFORMATIONAL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SAIL FISH SCUBA MAKES NO GUARANTEE THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, ERROR, DELAY, OR TEMPORARY UNAVAILABILITY.
WE DO NOT WARRANT THAT WEBSITE CONTENT WILL ALWAYS BE COMPLETE, CURRENT, ACCURATE, OR FREE FROM TECHNICAL ERRORS.
SAIL FISH SCUBA RESERVES THE RIGHT TO CORRECT ERRORS, UPDATE INFORMATION, AND MODIFY WEBSITE CONTENT WITHOUT PRIOR NOTICE, SUBJECT TO APPLICABLE CONTRACTUAL AND LEGAL OBLIGATIONS.
Descriptions, photographs, schedules, and other information published through the Service are provided for general informational purposes and do not independently guarantee a particular outcome or experience. Nothing in this section disclaims obligations or warranties that cannot lawfully be excluded.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAIL FISH SCUBA AND ITS RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AUTHORIZED AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR RELATED DIGITAL SERVICES, INCLUDING LOSS OF DATA, LOST BUSINESS OPPORTUNITIES, OR INTERRUPTIONS CAUSED BY THIRD-PARTY SYSTEMS.
THIS LIMITATION APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR WAIVED.
NOTHING IN THIS AGREEMENT IS INTENDED TO REPLACE OR MODIFY A SEPARATELY EXECUTED LIABILITY RELEASE, ASSUMPTION-OF-RISK AGREEMENT, OR OTHER PARTICIPATION DOCUMENT.
Certain jurisdictions do not permit specific limitations or exclusions of liability. Accordingly, some provisions of this section may not apply to every user.
12. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Sail Fish Scuba and its authorized representatives against third-party claims, losses, damages, and reasonable expenses arising from:
A. Your material breach of this Agreement.
B. Your unlawful use of the Service.
C. Your infringement or misappropriation of another person's intellectual property or other legal rights through content you submit.
D. Your intentional misconduct or fraudulent activity involving the Service.
E. Your unauthorized access to or interference with the Service.
This provision does not require indemnification for conduct or liabilities that cannot lawfully be transferred to you.
Any obligation to defend a claim or reimburse attorneys' fees is subject to applicable law and the enforceability of the relevant contractual provisions.
13. Jurisdictional Issues
The Service is operated by Sail Fish Scuba from the State of Florida, United States.
We make no representation that all website content, products, or services are available, appropriate, or legally permitted in every jurisdiction.
Users accessing the Service from outside the United States do so on their own initiative and are responsible for complying with applicable local laws.
Information submitted through the Service may be processed or stored in the United States or in other locations used by authorized service providers, subject to applicable privacy and data protection requirements.
14. Choice of Law and Forum
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles.
To the extent permitted by applicable law, legal proceedings arising from or relating to this Agreement shall be brought before courts of competent jurisdiction in Florida.
Any exclusive venue requirement or waiver of procedural rights shall apply only where valid and enforceable under governing law.
15. Miscellaneous
A. Severability
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in effect to the extent permitted by law.
B. Entire Agreement
This Agreement, together with any applicable booking terms and documents expressly incorporated into a transaction, constitutes the agreement governing the relevant use of the Service.
Separate reservation confirmations, participation agreements, liability releases, and training documents may establish additional obligations applicable to particular services.
C. No Waiver
Failure by Sail Fish Scuba to enforce any provision of this Agreement on one occasion shall not constitute a waiver of the right to enforce that provision on another occasion.
D. Assignment
You may not transfer contractual rights or obligations arising from a confirmed Booking without the consent of Sail Fish Scuba, except where otherwise permitted by applicable law.
Sail Fish Scuba may transfer its rights or obligations where legally permitted, provided that such transfer does not unlawfully impair the rights of customers.
E. Force Majeure
Sail Fish Scuba shall not be responsible for delays or failures in performance resulting from circumstances beyond its reasonable control, including severe weather, natural disasters, government restrictions, emergencies, or other extraordinary events.
Any cancellation, refund, or rescheduling rights arising from such circumstances shall be governed by the applicable reservation terms and law.
F. Independent Parties
Nothing in this Agreement establishes an employment, partnership, joint venture, agency, or franchise relationship between Sail Fish Scuba and users of the Service.
G. Notices
Notices relating to the Service may be delivered through the contact information provided during a transaction or through other reasonable methods consistent with applicable law.
Headings and section titles are included for convenience and do not independently modify the meaning of this Agreement.
16. Communications and SMS Terms
Sail Fish Scuba may communicate with customers through telephone calls, email, text messages, WhatsApp, and other available communication channels.
Communications may include reservation confirmations, scheduling information, payment reminders, weather updates, operational notices, and other messages related to requested services.
A. Transactional Communications
By providing contact information in connection with a reservation or inquiry, you acknowledge that Sail Fish Scuba may contact you regarding that transaction or requested service, subject to applicable law.
B. Promotional Communications
Sail Fish Scuba may offer optional marketing communications, including promotional emails or text messages, where appropriate consent has been obtained.
Consent to receive promotional communications is not a condition of purchasing products or services unless otherwise permitted by law.
C. Opt-Out
Recipients of promotional communications may withdraw consent or unsubscribe using the instructions provided with the communication or by contacting Sail Fish Scuba.
D. Message and Data Rates
Standard messaging and data charges imposed by your telecommunications provider may apply.
Sail Fish Scuba is not responsible for charges imposed independently by a customer's wireless carrier.
E. Delivery and Availability
Electronic communications may be delayed, interrupted, or undelivered because of network availability, service provider interruptions, inaccurate contact information, or other technical circumstances.
Sail Fish Scuba does not guarantee uninterrupted delivery of electronic messages.
JMT Water Sports, LLC
Doing Business As Sail Fish Scuba
Key Largo, Florida
Website: https://sailfishscuba.com
For questions regarding these Terms of Service, please contact Sail Fish Scuba using the contact information available on our website.
For activity-specific requirements, reservation policies, cancellations, and participation conditions, please review our Sail Fish Scuba Policies.