In consideration of the risk of injury in one or more of the following activities: Fly Fishing, Wade Fishing, Float Fishing from here on referred to as the “activity”, and as consideration for the right to participate in the Activity, I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives, rights, claims or causes of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Chosen River Outfitters, High Country Fishing Inc, and/or High Country Guide Service (hereby referred to as just “HCGS”), their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns for any physical injury, included but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity. I understand that these injuries or outcomes may arise from my own or others negligence, conditions related to travel, or the condition of the activity and/or locations. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity.
I agree to indemnify and hold harmless HCGS against all claims, suites, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If HCGS incurs any of these expenses, I agree to reimburse HCGS.
I acknowledge that this activity may involve a test of person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including, but not limited to, participants, spectators, and guides. I acknowledge that HCGS and their owners, directors, officers, volunteers, representatives, guides, contractors, and agents are not responsible for errors, omissions, acts or failure to act of any party or entity conducting a specific event or activity on behalf of HCGS. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of all liability. To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of HCGS, its agents, contractors, owners, and employees.
In the event that I require medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In an event that any damage to equipment or facilities occurs as a result of my, my family’s, or my groups willful actions, neglect or recklessness, I acknowledge and agree to be held liable for all costs associated with these actions.
This agreement was entered without coercion or duress, and is to be interpreted as an agreement between two parties. Both the participants and HCGS agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it was interpreted based on the language in accordance with the purposes for which it is entered into. Participants who refuse to sign agreement will not be allowed to participate in the activity. I further give permission for use or sale of any photograph or video showing me and/or my party without any compensation.
I have informed my guide of any medications prescribed to me by my Doctor and the possible side effects. If any, these prescriptions are necessary during the time that I will be participating in the activity and I am aware of the risks of being in a rural or remote location where medical attention may take longer than normal to respond to an emergency situation – in some cases an extended care of multiple days.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise un-forcible, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties, If a court should find that any provision of this agreement to be invalid or un-forcible, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement, I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract that I am signing of my own free will.
We require a non-refundable, 50% deposit to book a trip. The full value is non-refundable within 7 days of scheduled trip date. We fish rain or shine, unless the weather is deemed unsafe by the guide. In the event of dangerous weather we will reschedule for a future date.
Dated: October 27, 2020