FISHING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
PARTICIPANT__________________________________________________________________________
ORGANIZATION NAME: It’s not a sport; It’s an Obsession Fishing Guide Service (William Woods) and its guides, representatives, suppliers, sponsors, and successors (all of whom are hereinafter referred as “the Releasees”)
DEFINITION: In this Release Agreement the term “Fishing” shall include all activities in any way related to Fishing including, but is not limited to, orientation and instruction sessions, transportation or travel to and from the Fishing, loading and unloading of vehicles and boats, and all activities while on or in the water. Customers must understand that there are many uncontrolled, inherent risks surrounding water activities and fishing. Those risks include, but are not limited to: slipping and falling, loss of balance, drowning, boat collisions, cuts from knives and fishing tackle, dehydration, and exposure to the elements.
SAFETY: I acknowledge that I have been advised to wear personal floatation device and appropriate protective gear while Fishing. I am familiar with the proper use of the Equipment, including how to self-rescue, and of the water environment including tides, currents and weather effects. I am aware that William is available to answer any questions that I may have as to the proper use of the Equipment.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH FISHING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in the Fishing and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Fishing or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE; OR DUE TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Fishing or use of the Equipment;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state where the Fishing takes place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the state where the Fishing takes place and shall be within the exclusive jurisdiction of the Courts of that state.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Fishing or use of the Equipment, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES
Signed this day __________ of __________________ , 20 ______________________________________
Signature of Participant: Print Name:
____________________________________ _______________________________
Signature of Guardian if Participant is under age Print Name:
______________________________ ______________________________
PARTICIPANT__________________________________________________________________________
ORGANIZATION NAME: It’s not a sport; It’s an Obsession Fishing Guide Service (William Woods) and its guides, representatives, suppliers, sponsors, and successors (all of whom are hereinafter referred as “the Releasees”)
DEFINITION: In this Release Agreement the term “Fishing” shall include all activities in any way related to Fishing including, but is not limited to, orientation and instruction sessions, transportation or travel to and from the Fishing, loading and unloading of vehicles and boats, and all activities while on or in the water. Customers must understand that there are many uncontrolled, inherent risks surrounding water activities and fishing. Those risks include, but are not limited to: slipping and falling, loss of balance, drowning, boat collisions, cuts from knives and fishing tackle, dehydration, and exposure to the elements.
SAFETY: I acknowledge that I have been advised to wear personal floatation device and appropriate protective gear while Fishing. I am familiar with the proper use of the Equipment, including how to self-rescue, and of the water environment including tides, currents and weather effects. I am aware that William is available to answer any questions that I may have as to the proper use of the Equipment.
- LIFE JACKETS All persons over the age of 14 years old are not required to wear a life jacket, however, it is highly encouraged. All children under the age of 14 must wear a life jacket at all times on docks, in boats, or near the water’s edge. United States Coast Guard approved life vests must be provided to all persons under the care, custody, and control of It’s not a sport; It’s an OBSESSION.
- GENERAL SAFETY All customers must receive a safety brief prior to embarkation to familiarize all passengers with water safety, life jacket locations, first aid kit locations, and fire extinguisher locations. It is the responsibility of the Customer to pay attention to the safety brief and ask any questions they may have to ensure their personal safety. While on the water, Customers are encouraged to remain seated at all times except while conducting fishing activities. Anytime the vessel is underway, in excess of 10 knots, all Customers must remain seated.
- ALCOHOL AND DRUG USE All Customers in the care, custody, and control of It’s not a sport; It’s an OBSESSION must abide by state laws regarding the possession and use of alcohol and drugs. All federally controlled water and lands do not allow possession of use of recreational marijuana and Customers are required to strictly adhere to the laws governing these areas. Customers are expected to maintain a state of sobriety that allows them to care for themselves or others in the event of an emergency. Obnoxious, rude, disruptive, or loud behavior will not be tolerated.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH FISHING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the RELEASEES agreeing to my participation in the Fishing and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Fishing or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE; OR DUE TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Fishing or use of the Equipment;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state where the Fishing takes place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the state where the Fishing takes place and shall be within the exclusive jurisdiction of the Courts of that state.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Fishing or use of the Equipment, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES
Signed this day __________ of __________________ , 20 ______________________________________
Signature of Participant: Print Name:
____________________________________ _______________________________
Signature of Guardian if Participant is under age Print Name:
______________________________ ______________________________