FLY FISHING PROVO RIVER (FFPR) FLY FISHING RELEASE
I, the undersigned, and if a minor, my parent/guardian and I (collectively “I” or “my”), in consideration of being allowed to participate in fly fishing, use of any facilities, transportation or instructions (the “Activity”), I hereby expressly accept, agree and understand the following:
1. Assumption of Risk. I understand that the Activity can involve SIGNIFICANT RISK OF SERIOUS PERSONALY INJURY, FFPR 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. I expressly agree to assume all risks of personal injury, falls, accidents, and property damage, including, those resulting from any negligence of Fly Fishing Provo River, LLC, their agents, employees, property owners, and affiliated companies (herein collectively “FFPR”.) I agree that I am mentally and physically able to participate in the Activity and that I have received all information necessary to participate. I shall accept and abide by the rules and regulations of the Activity provided by FFPR.
2. Release & Indemnity. To the fullest extent allowed by law, I agree to forever release FFPR from any and all claims for injuries, losses, or damages relating in any way from my participation in the Activity, and/or FFPR’s negligence. I agree that this release includes all claims regarding the transportation, instructions, or conditions of the fly fishing waters, or equipment utilized in fly fishing, express or implied warranties and the negligence of FFPR.
3. No Lawsuit/Hold Harmless. To the fullest extent allowed by law, I agree not to file any lawsuit against FFPR, and to indemnify FFPR and hold them harmless for any damages, injuries, judgments or lawsuits, resulting in any way from my participation in the Activity. I agree that my obligation not to sue and to indemnify and hold FFPR harmless applies even if FFPR is negligent and includes payment of all attorneys’ fees and costs incurred by FFPR. I agree that any lawsuit that is filed against FFPR shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
4. Medical Care. I authorize FFPR, at the discretion of any FFPR employee, to obtain third party medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against FFPR for any medical or transportation expense.
5. Final And Complete Release. I understand and agree that this release is binding upon my heirs, assigns, successors-in-interest, estate and legal representatives and is a final and complete release. If portions of this release are invalid, then I agree that the remaining portions will remain enforceable. This release will be effective for one year commencing on the date it is signed.
6. Photographs. I irrevocably grant and agree that FFPR shall have the right to use, air, publish, or reproduce photographs, video, and pictures of my name, image, and likeness for any lawful purpose.
7. I HAVE READ, UNDERSTAND AND VOLUNTARILY SIGN THIS RELEASE
Persons under the age of 18 are required to have a Parent or Legal Guardian (Responsible Party) read and countersign this release.
To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue FFPR, including for negligence. The Responsible Party releases all of their rights or claims against FFPR including wrongful death damages and agrees to indemnify FFPR for any other Responsible Parties’ claims even if FFPR is negligent. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate control and protect the minor(s) from all of the risks involved in the Activity. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against FFPR. The Responsible Party agrees to make all decisions concerning the minor’s participation in the Activity.