The undersigned hereby enters into this Agreement upon the date set forth above with Trout Trickers, Inc. (TT) upon the terms and conditions hereinafter set forth. THIS DOCUMENT CONTAINS A COMPLETE RELEASE OF LIABILITY SEPARATELY SET FORTH BELOW.
The undersigned has hired TT to provide fishing guide services. The guide services may be conducted on private or public lands, including lands under the jurisdiction of the Bureau of Land Management. With respect to guide services conducted on private property, the undersigned acknowledges and agrees that this Agreement and Release shall also include all owners of such private property.
The undersigned recognizes that fishing activities may entail certain hazards, which are inherent in the sport. The guide services may include hiking, climbing upon riverbanks and other strenuous activities: wading on rocky or slippery river bottoms and in water which may be fast moving and cold, floating on rivers may include rapids or other navigational hazards; the use of equipment which, if improperly used or broken could cause injury, including hooking injuries; and other activities incidental to outdoor sports which may present risks of injury or to the health of the undersigned. The undersigned assumes the risk of all such hazards and acknowledges that such hazards are undertaken voluntarily and at the sole election of the undersigned.
In consideration of the provisions of guide service for the undersigned, for himself/herself, his/her heirs, personal representative(s), successors and cosigns, hereby:
- Exempts, releases and forever discharges TT and its respective owners, officers, agents, servants, employees and lessors from any and all claims, demands, causes of action, liabilities, costs or expenses whatsoever arising out of or for in any way connected with any damage, loss or injury to the undersigned or damage to the undersigned’s property occurring, which may be suffered or asserted in conjunction with services and/or equipment provided hereunder, whether such loss, damage or injury results from negligence of TT or otherwise; this release includes waving any claim of contracting illness (including Covid-190), during or as a result of any services provided by TT;
- Agrees to indemnify and hold harmless TT from any and all such claims, demands, causes of action, liabilities, costs or expenses on account of injury to third persons or damage to property during the period occasioned by or arising out of the acts or omissions of the undersigned, whether such result from or are contributed to by negligence of TT or otherwise.
THE UNDERSIGNED HAS CAREFULLY READ THE ABOVE AGREEMENT AND RELEASE, UNDERSTANDS THE TERMS AND CONDITIONS THEREOF AND AGREES TO BE BOUND THEREBY. THE UNDERSIGNED ALSO AGREES THAT IN THE EVENT OF LITIGATION BY THE UNDERSIGNED AGAINST TT, THE PROPER AND ONLY JUSIDICTION AND VENUE SHALL BE THE STATE COURT OF EAGLE COUNTY COLORADO. THE UNDERSIGNED HEREBY WAIVES THE RIGHT TO HAVE ANY ISSUE, INCLUDING DAMAGES, DETERMINED BY A JURY.
Reservation policy: We prefer cash, checks or Venmo and will accept credit cards. All trips require a 50% deposit and reservations are confirmed upon receipt. Trip cancellations within 72 hours of scheduled trip date result in forfeiture of deposit. Additionally, if you fail or choose not to show up for your trip, you will be responsible for entire trip cost in full.
We fish rain, shine and snow; trips will not be cancelled due to unfavorable weather. Only if conditions are so severe to prevent reasonable quality for example zero water visibility due to rain or runoff, or daytime temperatures staying below zero, we will then apply deposit to a rescheduled date.
This represents an outfitting contract between Trout Trickers, Inc. and the Client. Permit(s) held By Trout Trickers, Inc. All or part of this operation is conducted on Public Lands under special recreation permits from the U.S. Bureau of Land Management. BLM Permit #CO-140-10-04-0, #WY-060-SRP18-01. Outfitter License #3393, River Outfitter license #491, “Licensed River Outfitter” – Issued by Colorado Parks and Wildlife
TT is a Equal Opportunity Service Provider. “Pursuant to section 12-55.5-105 (1) (c) and (1) (d) outfitters are bonded and required to possess the minimum level of liability insurance and that the activities of the outfitters are regulated by the director.”
Date: September 28, 2021