PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. In consideration for being allowed to participate in guided fly fishing trips, instruction, transportation, and related outdoor recreational activities provided by Frenchie Fly Fishing (“Company”), I acknowledge and agree to the following: 1. ASSUMPTION OF RISKI understand that fly fishing and outdoor recreational activities involve inherent and significant risks that may result in serious injury, illness, permanent disability, death, or property damage. These risks include, but are not limited to: - Slipping, tripping, or falling on rocks, riverbanks, trails, or uneven terrain
- Drowning or water-related injuries
- Swift currents and changing water conditions
- Injuries from fish hooks, fishing equipment, knives, tools, or other gear
- Exposure to extreme weather conditions including heat, cold, rain, lightning, wind, snow, or flooding
- Heat exhaustion, dehydration, hypothermia, altitude sickness, or sun exposure
- Encounters with wildlife, insects, snakes, or other natural hazards
- Remote locations where emergency medical services may be delayed or unavailable
- Equipment malfunction or failure
- Transportation in motor vehicles or off-road utility vehicles on rough or unimproved roads and trails
- The negligence of myself, guides, other participants, or third parties
I fully understand and voluntarily assume all risks associated with participation, whether known or unknown, and whether arising from negligence or otherwise. 2. RELEASE AND WAIVER OF LIABILITYTo the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue Frenchie Fly Fishing, its owners, guides, employees, agents, contractors, affiliates, sponsors, landowners, permit agencies, and all other associated persons or entities (collectively referred to as “Releasees”) from any and all claims, liabilities, demands, damages, expenses, actions, or causes of action arising out of or related to any loss, injury, illness, disability, death, or property damage that may occur as a result of my participation in any activity offered by the Company, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES. 3. AGREEMENT TO FOLLOW SAFETY INSTRUCTIONSI agree to follow all instructions, rules, and safety guidelines provided by Company staff or guides. I understand that failure to follow instructions or engaging in unsafe behavior may result in removal from participation without refund. If I observe any unsafe condition or hazard, I will immediately notify my guide or a Company representative. 4. MEDICAL FITNESS AND EMERGENCY CAREI certify that I am physically and mentally capable of safely participating in these activities. I agree not to participate while impaired by alcohol, drugs, medication, or any condition that may create additional risk to myself or others. In the event of an emergency, I authorize the Company to obtain emergency medical treatment on my behalf if necessary. I understand that I am solely responsible for any medical expenses incurred. 5. EQUIPMENT AND PERSONAL PROPERTYI understand that I am responsible for my own personal property and equipment. The Company is not responsible for lost, stolen, or damaged personal items. 6. PHOTO AND MEDIA RELEASEI grant permission to Frenchie Fly Fishing to use photographs, video, or audio recordings taken during trips or activities for promotional, advertising, social media, or marketing purposes without compensation, unless I notify the Company in writing prior to the activity. 7. INDEMNIFICATIONI agree to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, damages, liabilities, losses, costs, or expenses, including attorney fees, arising from my participation in Company activities or my violation of this Agreement. 8. GOVERNING LAW AND VENUEThis Agreement shall be governed by and interpreted under the laws of the State of Arizona. Any legal action arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located in the State of Arizona. 9. SEVERABILITYIf any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect. 10. ACKNOWLEDGMENT OF UNDERSTANDINGI acknowledge that I have carefully read this Agreement, fully understand its contents, understand that I am giving up substantial legal rights by signing it, and sign it freely and voluntarily without inducement. FOR PARENTS OR LEGAL GUARDIANS OF MINORSI certify that I am the parent or legal guardian of the minor participant named above and have the legal authority to sign this Agreement on the minor’s behalf. I understand and agree to all terms of this Agreement and consent to the minor’s participation in Company activities. On behalf of myself, the minor participant, and our heirs, assigns, and representatives, I release and agree to indemnify and hold harmless the Releasees from any and all claims arising from the minor’s participation, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
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