Neubauer Group LLC dba Fishical Pursuit · Cle Elum, Washington catchus@fishicalpursuit.net · fishicalpursuit.net READ CAREFULLY. THIS IS A LEGAL CONTRACT THAT AFFECTS YOUR RIGHTS. 1 · Assumption of Risk I understand that guided fly-fishing, rowing, wading, boating, and related outdoor activities offered by Fishical Pursuit ("the Activities") take place on and near moving water and involve inherent and unavoidable risks that can cause serious injury or death, including but not limited to: drowning; cold-water immersion and hypothermia; slipping on wet or unstable riverbeds; strong currents, submerged hazards, and swift water; boat swamping, capsize, or collision; hook injuries and cuts; sun, heat, cold, weather, wildlife, and insects; equipment failure; falls; remote locations with delayed emergency response; negligent acts of other participants or third parties; and travel to and from launch points. I VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, known and unknown, whether or not listed above. Physical condition: I represent that I am in good physical and mental health and possess the strength, stamina, swimming ability, and mobility required to safely participate in the Activities. I have disclosed above any medical condition, medication, injury, disability, or limitation that could affect my ability to participate or that the guide should be aware of in an emergency. I acknowledge that if I have any doubt about my fitness to participate, I should consult a physician before the trip, and that Fishical Pursuit is relying on my representations in accepting me as a participant. 2 · Release of Liability and Covenant Not to Sue IN EXCHANGE FOR BEING ALLOWED TO PARTICIPATE, I, for myself, my heirs, spouse, personal representatives, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS Neubauer Group LLC dba Fishical Pursuit, and its owners, guides, employees, contractors, agents, insurers, and volunteers (collectively, "Released Parties") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, OR DAMAGES, including those arising from THE NEGLIGENCE OF THE RELEASED PARTIES, arising out of or related to my participation in the Activities, including transportation to and from the Activities. I AGREE NOT TO SUE the Released Parties for any injury, illness, death, or property loss occurring during or related to the Activities. I understand this Release does not apply to conduct that is grossly negligent, reckless, or intentional, or to any rights that Washington law does not permit to be released.
3 · Rules & Conduct I agree to follow all instructions of my guide, wear a personal flotation device when required, honor all fishing regulations and license requirements, and act in a manner that does not endanger myself or others. I understand the guide may end the trip early without refund for unsafe conduct or intoxication. 4 · Cancellation, Weather & River Conditions I understand trips run in most weather and river conditions. Cancellation, refund, and rescheduling terms are governed by Fishical Pursuit's posted booking policy at fishicalpursuit.net. 5 · Governing Law, Venue & Severability This Agreement is governed by the laws of the State of Washington. Any dispute shall be brought exclusively in the state or federal courts serving Kittitas County, Washington. If any provision is found unenforceable, the remaining provisions stay in full force. 6 · Acknowledgment — Adult Participant (18+) I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND SIGN IT VOLUNTARILY. I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. 7 · Parent / Legal Guardian — Required if participant is under 18 I am the parent or legal guardian of the minor named below. I have read this Agreement and: - Assumption of Risk & Acknowledgment (fully enforceable in WA): I acknowledge the inherent risks described above and consent to the minor's participation. I assume all risks on my own behalf as a parent, including any claim I may have for the minor's injury (e.g., medical expenses, loss of consortium).
- Release of the Minor's Claims (limited under WA law): I understand Washington courts generally do not enforce a parent's pre-injury release of a minor's own negligence claims. I sign this section to affirm my consent and assumption of parental claims, and to release any claims I may bring personally arising from the minor's participation.
- Medical authorization: In an emergency, I authorize Fishical Pursuit guides to secure emergency medical care and agree to be financially responsible for that care.
- Media: The photo/video release applies unless declined below.
Date: September 5, 2026 |