I understand and am aware that there are inherent and other risks involved in voluntarily partaking in recreational activities on the water. These risks included, but are not limited to as listed below.
I accept the use of fishing equipment on this fishing charter, as is, and accept full responsibility for its care while in my possession. If the equipment that I use is damaged during the charter, Tahoe Sport Fishing will determine whether to repair or replace the equipment, and I will pay 100% of the cost of repair or replacement. I agree to assume the risk of injury while participating in this activity even if the equipment itself is defective. I further agree to abide by all instructions and rules both written and verbal. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility, even those risks arising out of the negligence of Tahoe Sport Fishing, other passengers, riders, and/or all participants of the Watercraft. My participation in the activity is purely voluntary. I assume full responsibility for myself including any minor children, for any bodily injury, accident, illness, paralysis, death, or loss of personal property even if caused, in whole or part, by the negligence of other faults of passengers, riders, quests and any other passenger on the Watercraft and even if caused, in whole or in part of the negligence or other fault of Tahoe Sport Fishing, its officers, directors, employees, agents, subsidiaries, legal representatives and assigns (collectively the “Releases”). I agree with the foregoing because I understand that watercraft, marinas, and areas in and around watercraft and marinas can be hazardous to both property and persons, thereby posing a substantial risk of damage, injury, and even death to both property and persons. Such hazards include but are not limited to: • Weather conditions that may change quickly, including but not limited to wind, rain, snow, lightning, and excessive heat and sun; • Water conditions that may change quickly including waves, currents, boat wakes, and cold-water temperatures; • Exposure or overexposure to cold (Hypothermia) or heat; • Damage, injury, or death as a result of contact with aquatic or land animals, fish, or birds either on land or on water, including but not limited to areas in and around Tahoe Sport Fishing premises or staging areas; • Damage, injury, or death as a result of contact with aquatic or land animals, fish, or birds either on land or on water, including but not limited to areas in and around Tahoe Sport Fishing premises or staging areas; • Damage, injury, or death around Ski Run Marina or any other staging areas, including but not limited to docks, ladders, equipment on the premises, mud, steep slopes, cliffs, or rocks; • Injury or death as a result of ingesting freshwater or contaminated fresh water, drink, or food; • Personal injury, death, or property damage due to collision with motorized or non-motorized vessels, being hit with vessel equipment, suffering a propeller strike from a motorized, or while launching and landing on shore whether on land or dock or as a result of a collision with natural or manmade debris; • Muscular or skeletal injury, strain, or damage due to physical exertion, especially, but not limited to, my head, wrists, arms, shoulders, legs, and back; • Lack of available life-saving devices or services, or immediate medical attention, in case of injury; • Injury or death as a result of lack of physical conditioning, existing diseases, conditions, or ailments, and my own acts or omissions, including my lack of boating knowledge, experience, or expertise; • Injury or death as a result of being entrapped in a Vessel or falling out of a Vessel; • Injury or death as a result of falling, capsizing, or being flipped or ejected into the water either intentionally or unintentionally, including while exiting or entering the Vessel; • Failing to properly wear a personal flotation device; • Failing to understand basic or other instructions provided by Tahoe Sport Fishing, its agents, guides, or employees; • Vehicular or pedestrian accident while being transported to or walking to or from Tahoe Sport Fishing office and the Ski Run Marina or other staging areas, including transportation to and from the Vessel or to and from Tahoe Sport Fishing/Ski Run Marina facilities or premises; • Inadequate repair or maintenance on the part of Tahoe Sport Fishing; • Error, inattention, or negligence on the part of Tahoe Sport Fishing, its officers, agents, guides, and employees, including inadequate instruction or assistance.
By signing this document I acknowledge that if anyone is hurt or property is damaged while I am on the Vessel, or during my presence on or use of the Vessel or Tahoe Sport Fishings equipment, facilities, premises, or services, I may be found by a court of law to have waived my right to maintain a lawsuit against Tahoe Sport Fishing on the basis of any claim, including subrogation, from which I have released it herein, including claims that the Tahoe Sport Fishing on the basis of any claim, including solely or partially negligent or otherwise at fault with respect to such damage, injury or death. I acknowledge and agree that I have had sufficient opportunity to read this entire document. I have read and fully understood, and I agree to be bound by its terms. I, therefore, agree, on behalf of myself, my children, my heirs, representatives, survivors, and assigns, to release, hold harmless and indemnify Tahoe Sport Fishing, its officers, directors, employees, agents, subsidiaries, legal representatives, and assigns (collectively the “Company”), from and against an any and all liability for any and all claims of any kind or nature whatsoever (including subrogation) arising out or relating to my presence on, Tahoe Sport Fishings vessels, equipment and/or premises, including without limitation any and all claims for injury or death, or damage to property, including claims arising out of or relating to death, injury or damage resulting in solely or partially from the negligence or other fault of the Company.
Indemnification with Consideration to Minors In consideration of a minor being permitted by Tahoe Sportfishing to board a vessel, or participate in fishing, which includes, without limitation, the use of its services and equipment. I agree to the following waiver, release, and indemnification. I, parent, guardian, and or custodian therefore, agree, on behalf of myself, my children, my heirs, representatives, survivors, and assigns, to release, hold harmless and indemnify Tahoe Sport Fishing, its officers, directors, employees, agents, subsidiaries, legal representatives, and assigns (collectively the “Company”), from and against an any and all liability for any and all claims of any kind or nature whatsoever (including subrogation) arising out or relating to my minors participation in or presence on, Tahoe Sport Fishings vessels, equipment and/or premises. This includes, without limitation, any and all claims for injury or death, or damage to property, including claims arising out of or relating to death, injury, or damage resulting solely or partially from the negligence of the minor or other faults of the Company.
In the event that I file a lawsuit against Tahoe Sport Fishing, I agree to do so solely in El Dorado or Douglas County, and I further agree that the substantive law of the state shall apply in that action without regard to the conflict of law rules of that state.
I Agree I have read the above Contract and Release of Liability Agreement and fully understand it. I understand that fishing is a purely voluntary activity and that Tahoe Sport Fishing would not allow me or my minor children to participate in fishing if I did not agree to the provisions of this Release from Liability. I recognize that I am free not to participate in fishing and can reject this Release of Liability on behalf of my minor children, and myself but I have voluntarily chosen to sign it. I also agree while at Tahoe Sport Fishing, it is possible that my photograph may be taken by a Tahoe Sport Fishing photographer to be used in various publications and social media channels. I verify that this form was not altered, edited, changed, or compromised from the time of download to signing and submission. As the Undersigned, I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned. I Agree April 18, 2024
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