I understand and am aware that at times it is impossible to maintain a 6 feet distance during fishing and that this could be hazardous to my health. I, on behalf of myself, my children, heirs, executors or assigns, hereby unconditionally release from all liability, indemnify and hold harmless Tahoe Sport Fishing and its owners, representatives, agents, affiliates, partners, officers, directors, servants and employees of and from any claims for damage, injury, or death resulting from participating in these activities during the COVID-19 pandemic.
I understand that there are inherent and other risks involved in voluntarily partaking in recreation activities including the proximity of others, and guests and employees not wearing masks. These risks include, but are not limited to: being unknowingly exposed to an ill individual, an employee breaking the 6 feet social distancing barrier, other guests or employees not wearing face masks, and unavoidable contact of potentially multiple people throughout the trip from employees to other guests. There is also a risk of encountering high contact surfaces such as equipment, rails, and door handles. I am aware that Tahoe Sport Fishing has taken every thinkable measure to decrease the chances of all of these risks. These are only some of the risks of fishing on public boats and public charters. All of these and other risks present the risk of serious and/or fatal illness.
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.
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 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.
May 28, 2020