USE, ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY, AND WAIVER OF CERTAIN LEGAL RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING
THIS AGREEMENT IS ENTERED INTO (EFFECTIVE DATE) December 2, 2020 BETWEEN ST ANDREWS MANAGEMENT LTD, A COLORADO CORPORATION, DBA FRONT RANGE ANGLERS GUIDE SERVICE LTD (FRA), WITH ITS PRINCIPAL OFFICE AT 2344 PEARL STREET BOULDER CO 80302. IN CONSIDERATION FOR MY BEING PERMITTED TO PARTICIPATE IN GUIDED FLY FISHING AND RELATED TRAVEL WITH FRA, I ASSUME THE RISK OF PERSONAL INJURY AND PROPERTY DAMAGE ASSOCIATED WITH THESE ACTIVITIES, AND TO RELEASE FRA FROM ANY AND ALL LIABILITY IN CONNECTION WITH PARTICIPATION IN THE ACTIVITY OF GUIDED FLY FISHING AND TRAVEL.
PLEASE READ CAREFULLY BEFORE SIGNING
I agree to the following Waiver and Release: I am aware that I am engaging FRA for a GUIDED TRIP AND RELATED TRAVEL AND TRANSPORTATION by Guide(s), contracted by FRA. I acknowledge that travel fly fishing involves inherent risks, hazards, and dangers associated with all outdoor activities in international, back country, wilderness, and mountainous areas that cannot be eliminated.
I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
- Water hazards, wading beaches, flats, oceans and rivers, including drowning;
- Hiking in rugged country;
- Injuries from fishing equipment, boats and other participants;
- Encounters with fish, wildlife, animals, and insects;
- Temperature extremes, inclement weather conditions, and unavailability of immediate medical attention in the wilderness in case of injury;
- Dehydration, heat, cold, sun and altitude sickness/other issues associated with high altitude;
- Risks associated with transport to/from fishing destination(s)
GENERAL TERMS AND CONDITIONS
I understand that no guide service can guarantee absolute safety in wilderness environments, and I agree to assume responsibility for my own safety. I understand that I assume all responsibility for any negligence on behalf of myself or on behalf of the guide(s). The following terms and conditions apply to all trips arranged by FRA. By signing up for a FRA Trip, each customer accepts all aspects of these terms and conditions.
FRA and its principals, officers and agents, are not responsible for, and do not assume responsibility for, the acts or omissions of any third-party contractors, outfitters, airlines, railroads, ship owners, charter air carriers, shuttle and taxi drivers, hotels, lodges, independent fishing guides or other service providers engaged by FRA on behalf of the Trip Participant, or the Trip Participant directly, in connection with any FRA trip.
Further, the Trip Participant is subject to the tariffs, taxes, VAT, terms, and conditions of all tickets, vouchers, and contracts of such hotels, airlines, railroads, operators, owners and contractors issued in connection with the arranged trip, and the issuance and acceptance of any such tickets, vouchers and contracts shall be deemed to be consent to such conditions.
FRA in its sole discretion reserves the right to: (1) make such alterations in the trip itinerary as it deems necessary or desirable, (2) to refuse to accept or retain as a member of the trip any person at any time (in such case refund will be based on the actual cost of the unfinished portion of trip), and (3) to pass on to tour members all expenditures occasioned by delays or occurrences beyond their control. (4) Require Medical Evacuation Insurance for certain trips.
Front Range Anglers (FRA) reserves the right to use any photograph/video taken during a Adventure Travel or Guide Trip or Event sponsored by FRA, without the expressed written permission of those included within the photograph/video. FRA may use the photograph/video in publications or other media material produced, used or contracted by FRA including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian. A person attending a FRA trip/event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, and/or contact FRA at 2344 Pearl St. Boulder, CO 80302, in writing of his/her intentions and include a photograph. FRA will use the photo for identification purposes and will hold it in confidence. By participating in a FRA trip/event or by failing to notify FRA, in writing, your desire to not have your photograph used by FRA, you are agreeing to release, defend, hold harmless and indemnify FRA from any and all claims involving the use of your picture or likeness. Any person or organization not affiliated with FRA may not use, copy, alter or modify FRA photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from FRA.
FRA reserves the right in its sole discretion to cancel any trip prior to departure, in which case full refunds will constitute full settlement to the Trip Participant. Prices quoted are based on foreign exchange values and tariffs currently in effect, and prices are subject to change.
- Baggage and personal effects of Trip Participants, including items purchased, are the sole responsibility of such Trip Participants at all times and no agent of FRA is authorized to accept these for storage, safekeeping, or transportation.
EXCEPT AS EXPRESSLY STATED HEREIN, FRA DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE TRIP PARTICIPANT, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES ARISING FROM A COURSE OF DEALING AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
St Andrews Management LTD dba Front Range Anglers (FRA) is a Colorado based limited liability company. Receipt of deposit and/or final payment is acknowledgment that Trip Participant has read and accepts the cancellation/refund and responsibility clauses.
I affirm that my general health is good and that I am not under a doctor’s care for any condition that might endanger the life or health of myself or others participating in this outdoor activity. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF FRA WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE, INJURY, PARALYSIS, OR DEATH.
I expressly assume the risks of personal injury, paralysis, death, and property damage set forth above and waive any claims based on negligence or breach of warranty I might assert on my own behalf and others behalf, against FRA, and its officers, directors, employees, and agents for personal injuries, paralysis, death, and/or property damage sustained while participating in fly fishing with FRA.
Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS, FRA, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of FRA or from some other cause. I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue FRA as a result of any property damage, injury, paralysis, or death suffered in connection with my use and participation in the activities of FRA.
In the event of a cancellation by FRA or myself and in order to protect my investment, I understand that it is HIGHLY recommended by Front Range Anglers that I purchase Trip Insurance. Please acknowledge that you have read and understand this by clicking the box.
I ACKNOWLEDGE I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this agreement on behalf of myself (and/or my minor children). My signature on this document indicates that I have read the entire document, understand it completely, and agree to be bound by its terms.
Date: December 2, 2020
ALL ANGLERS MUST ACKNOWLEDGE THE FOLLOWING COVID-19 PROVISION:
- COVID-19 is highly contagious, and can be spread person to person, by breath, physical contact, and contact with surfaces. Infected people can have a wide range of symptoms from mild symptoms to severe illness;
- Symptoms may appear 2 to 14 days after exposure to the virus: COVID-19 symptoms include, but are not limited to the following: Cough; Shortness of breath or difficulty breathing: Fever >100.4 F; Chills; Repeated shaking with chills; Muscle pain; Headache; Sore throat; New loss of taste or smell; Trouble breathing; Persistent pain or pressure in the chest; New confusion or inability to arouse; and/or Bluish lips or face. This list is not all inclusive. Please consult your medical provider for any other symptoms that are severe or concerning to you. If you develop any of these emergency warning signs for COVID-19, get emergency medical attention immediately;
- I acknowledge that I am healthy, am not showing any COVID-19 symptoms, and have not tested positive for COVID-19 within the past 21 days. I also affirm that I have not been in contact with another person who I know has tested positive for COVID-19 in the past 21 days.;
- Participation in FRA Adventure Travel Fly Fishing Trip is VOLUNTARY, and I am fully aware that such an activity involves the potential risk of exposure to COVID-19 due to person to person contact, as well as contact with surfaces and/or gear that has been touched by other anglers or lodge employees or FRA employees. This gear includes, but is not limited to: waders, boots, rods, reels, nets wading staffs, and any other gear necessary for the activity of FRA Adventure Travel Fly Fishing Trip.
- Based on the foregoing, by voluntarily participating in the activity of FRA Adventure Travel Fly Fishing Trip, I knowingly and voluntarily assume the risk of unintentional exposure to or infection by COVID-19 that may result from engaging in the activity of FRA Adventure Travel Fly Fishing Trip or that may result from the actions, omissions, and/or negligence of Front Range Anglers, its directors, officers, employees, and agents. I further understand that such exposure or infection may result in personal injury, illness, permanent disability, and/or death, and I assume these risks by participating in this activity.
- I knowingly, voluntarily, and intentionally waive, release, indemnify and hold harmless Front Range Anglers, its directors, officers, employees, and agents from any and all liability for claims, causes of action, liabilities, suits, and expenses (including reasonable attorney fees), which are related to or arise from my participation in the activity of FRA Adventure Travel Fly Fishing Trip and the unintentional exposure to COVID-19 or harm due to COVID-19.
In consideration of the above, and symptoms not being present, FRA allows participation in the activities of FRA Adventure Travel Fly Fishing Trip which include, without limitation, the use of its services, and equipment, and I agree to abide by the following Waiver, Release, and COVID-19 Addendum.
The undersigned, hereby joins in the foregoing Waiver and Release and hereby stipulates and agrees to save and hold harmless, indemnify, and forever defend FRA, their directors, officers, agents, employees, and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys' fees), and NEGLIGENCE made or bought for participation in the activities of FRA and his or her use of the property, transportation, if any, and facilities of FRA.
Date: December 2, 2020