WASATCH GUIDE SERVICE(“WGS” ) FLY-FISHING RELEASE
RELEASE AND INDEMNITY AGREEMENT
I, the undersigned, and if I am a person under 18 years of age, my parents and I (hereafter “Client”) understand that fly- fishing can involve SIGNIFICANT RISK OF SERIOUS PERSONALY INJURY, WGS PROPERTY DAMAGE, OR EVEN DEATH. The risks include NATURAL, MAN-MADE, ENVIRONMENTAL CONDITIONS AND INHERENT RISKS, including changing weather, mud, rocks, natural and man-made obstacles, equipment failure and the negligence of others. “Inherent risk” with regard to fly-fishing activities means those dangers or conditions, which are an integral part of fly-fishing.
In consideration of participation in fly-fishing and use of any facilities, I agree to the following:
1. I expressly agree to assume all risks of personal injury, falls, accidents, and/or property damage, including, those resulting from any negligence of Wasatch Guide Service, LLC, their agents, employees, property owners, and affiliated companies (herein collectively “WGS”.)
2. Release & Indemnity. To the fullest extent allowed by law, I agree to forever release WGS from any and all claims for injuries, losses, and damages resulting in any way from fly-fishing, use of any facilities, and/or WGS’S negligence. My release includes all claims regarding the transportation, instructions, or conditions of the fly-fishing waters, or equipment utilized in fly-fishing, express or implies warranties and the negligence of WGS. To the fullest extent allowed by law, I agree to indemnify and hold WGS harmless from all claims, damages or injuries in any way related to any participation in fly-fishing or use of any facilities at WGS, including breach of this Release, and will reimburse WGS’S attorney’s fees and costs, even if WGS was negligent.
3. I agree that no lawsuit will be filed by me or on my behalf against WGS as a result of my participation in fly- fishing, use of any facilities or for any injuries or damages that I sustain even if WGS was negligent. I understand that this is a contract, which limits my legal rights and is binding upon my heirs and my legal representatives. I agree that the provisions of this Release are intended to be independent, and in the event any provisions hereof should be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason whatsoever, such illegality, unenforceability, or invalidity shall not affect the remainder of this Release. Any lawsuits concerning my participation in fly-fishing or this release must be brought in Utah’s Fourth District Court, or federal District Court for the District of Utah. This release shall be effective for all fly-fishing within one year of the signing of this release.
4. I agree that I am mentally and physically able to participate in fly-fishing activities and that I have received all information necessary to participate.
5. I shall accept and abide by the rules and regulations of fly-fishing activities provided by WGS.
6. I irrevocably grant and agree that WGS shall have the right to use, air, publish, or reproduce photographs, video, and/or pictures of my name, image, and likeness for any lawful purpose.
7. I HAVE READ, UNDERSTAND AND VOLUNTARILY SIGN THIS RELEASE OF LIABILITY
Clients under the age of 18 are required to have a parent read and countersign this agreement. Persons under the age of 18 (“minor”) are required to have an authorized guardian (hereinafter “Parent”) read and sign this agreement to the fullest extent allowed by law, the parent individually, and on behalf of the minor has read, understood, and expressly agrees to all the terms of this Agreement. The Parent agrees with and acknowledges Parent’s and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue WGS including for negligence. The parent agrees to make all decisions concerning the minor’s participation, use of the area and involvement in fly-fishing. The Parent releases all rights or claims against WGS, including wrongful death damages, and agrees to indemnify WGS for any other Parent’s claims. The Parent agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against WGS.