PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Fish Hunters Guide Service, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “FHG”), I hereby agree to release, indemnify, and discharge FHG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in Guided Fishing with a Commercial Boat and Wading Activities entails known and unanticipated
risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand
that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.- The risks include, among other things: slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken
during rides; collision with fixed or movable objects, vehicles, or other watercraft; boat capsize and entrapment; accidental drowning; water
craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid
weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to
temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion,
sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous
marine life; getting impaled by a fish hook; sprains, strains, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal
injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; equipment failure and/or operator error; the negligence of
other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical
exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of
any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment
or other services rendered.
Furthermore, FHG personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a
participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings
or instructions, and the equipment being used might malfunction.
- The risks include, among other things: slips and falls; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely
voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation
device (life jacket) while participating in this activity. - I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FHG from any and all claims, demands, or
causes of action, which are in any way connected with my participation in this activity or my use FHG’s equipment or facilities,
including any such claims which allege negligent acts or omissions of FHG. - Should FHG or anyone acting on their behalf, be required to incur lawyer’s fees and costs to enforce this agreement, I agree to indemnify
and hold them harmless for all such fees and costs. - I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear
the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I
may have. - In the event that I file a lawsuit against FHG, I agree to do so solely in the state of Washington, and I further agree that the substantive
law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this
agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I
may be found by a court of law to have waived my right to maintain a lawsuit against FHG on the basis of any claim from which I
have released them herein. I also agree that this document is valid for subsequent visits and participation at FHG. I have had
sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Print Name: _____________________________________________________ DOB:________________________ Phone Number:________________________
Address:__________________________________________________________________________ City:_______________________________________________
State:_______________________________________________ Zip:________________________ Email:_______________________________________________
Signature of Participant:_________________________________________________________________________________ Date:________________________
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of the following minor(s): (print name(s))____________________________________________________________________________________________________
being permitted by FHG to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless FHG from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
Minor(s) DOB(s)____________________________________________________________________________________________________________________
Parent or Guardian: __________________________________________________Print Name: _____________________ Date: _______________________