ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to participate in a fishing tour and related activities, specifically including boating, walking up and down approximately 234 steps and a lengthy walk to get to the fishing destination, fish cleaning, and/or being provided with boat or fishing property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns.
1. Acknowledgment of Risks. I acknowledge that some, but not all, or the risks of participating in the fishing tour include:
- a) Changing water flow, tides, currents, wave action and boats’ wakes;
- b) Collision with any of the following: other watercraft, shores or banks, and man-made or natural objects;
- c) Wind shear, inclement weather, lightning, variance and extremes of wind, weather, and temperature, particularly water temperature;
- d) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions;
- e) Collision, capsizing, sinking, or other hazards which result in wetness, injury, exposure to the elements, hypothermia, and/or drowning;
- f) The presence of insects, marine life forms and wildlife;
- g) Equipment failure or operator error;
- h) Injury caused by fishing equipment, including hooks, lures, lines, rods and reels;
- i) Heat or sun-related injuries or illnesses, including sunburn, sunstroke, or dehydration;
- j) Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.
2. Express Assumption of Risk and Responsibility. I agree to assume responsibility for all the risks of the activity, whether identified above or not (even those rights arising out of the negligence of the Releasee named below). My/our participation in the activity is purely voluntary. I assume full responsibility for myself and my minor children for whom I am responsible for any bodily injury, accident, illness, paralysis, death, loss of personal property, and expenses thereof as a result of any accident which may occur while I/we participate in the activity (even if caused, in whole or in part, by the negligence of the Releasee named below).
3. Release. I hereby release Elk Creek Marinas, LLC (the Releasee), its principals, directors, officers, agents, employees, guides, representatives, and volunteers, their insurers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted (owner) and their insurers, if any (collectively “Releases”) from any and all injury or damage, including death as a result of my/our participation in the activity, even if caused in whole or in part by the negligence of the Releasee named above.
4. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OR RISKS AND RELEASES OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY MY SIGNATURE ON THIS DOCUMENT, I AM WAIVING MY RIGHTS, INCLUDING ANY RIGHTS I MAY HAVE AGAINST THE RELEASEE, THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS, OR ASSIGNS. I agree to wear a U.S. Coast Guard approved PFD (life jacket) while participating in this activity or riding in a watercraft.