RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER: GUIDED FISHING AND BOATING TRIP
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. IT RELEASES CLAIMS FOR INJURY AND DEATH, INCLUDING CLAIMS CAUSED BY NEGLIGENCE.
WHO THIS IS BETWEEN
I am the person signing this document (“I” or “me”). I sign it for myself and for everyone in my booking party (together, “Participants”). It is given in favor of: (a) the guide, outfitter, charter, or other operator who provides my guided fishing or boating trip (the “activity”), including any lodge or business that arranged it for me, and each of their owners, employees, captains, mates, contractors, and volunteers (together, the “Operator”); (b) WaterLynk LLC, which operates the online marketplace I used to book (“WaterLynk”); and (c) the owners and managers of the vessels, lands, waters, ramps, docks, and permits used for the trip, and the government agencies that issue the permits or manage the waters, and each of their agents and employees (together with the Operator and WaterLynk, the “Released Parties”).
WaterLynk is a marketplace only. The Operator provides the activity. WaterLynk does not provide, supervise, inspect, or control the activity, the Operator’s equipment, vessels, vehicles, or staff, or the conduct of other Participants, and does not verify an Operator’s skill, safety record, or insurance beyond a basic review of the documents the Operator submits.
RISKS OF THE ACTIVITY
Guided fishing and boating trips are inherently dangerous. The risks include, but are not limited to: drowning; capsizing, swamping, sinking, or grounding of a boat; collision with another vessel, a submerged object, or the shoreline; falls overboard; exposure to weather, lightning, wind, waves, cold water, heat, and sun; hypothermia and heat illness; injury from fishing gear, including hooks, lines, rods, knives, and nets; injury from fish, wildlife, insects, snakes, and other animals; slipping or falling on a wet or uneven deck, dock, bank, or wading surface; mechanical, motor, trailer, or safety-equipment failure; fire or fuel hazards; the actions or mistakes of the Operator, other Participants, or other boaters; transportation to and from the water; the effects of remote locations, including no cell service and delayed or unavailable emergency medical care; and death.
These risks exist even when the Operator and everyone else use reasonable care. This list is not complete, and there may be risks that are unknown or cannot be foreseen. Because of these risks, the activity can result in serious injury, permanent disability, or death.
ASSUMPTION OF RISK
I am taking part voluntarily. I knowingly accept and assume all of the risks of the activity, known and unknown, including risks caused by the NEGLIGENCE of any Released Party, and including risks from the condition of any vessel, vehicle, equipment, dock, ramp, trail, or premises used. I accept responsibility for any injury, illness, death, or loss of or damage to property that I or my party suffer.
RELEASE OF LIABILITY
To the fullest extent the law allows, I, for myself and for my heirs, executors, personal representatives, and anyone who claims through me, release, waive, and discharge the Released Parties from all liability, claims, demands, losses, and causes of action of any kind, including personal injury, illness, death, and loss of or damage to property, that arise out of or relate to the activity, EVEN IF CAUSED BY THE NEGLIGENCE OF A RELEASED PARTY. This release does not cover gross negligence, recklessness, or intentional misconduct, which the law does not allow to be released.
PROMISE NOT TO SUE
I promise not to bring any claim against a Released Party for anything I have released above. If I do, I will pay the reasonable attorneys’ fees and costs the Released Party incurs defending it, to the extent the law allows.
INDEMNITY
I agree to defend, indemnify, and hold harmless the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys’ fees) arising from (a) my own negligent or intentional acts or omissions during the activity, including a claim by a third party; and (b) any claim brought by or for another Participant in my party (including a minor) that I signed for, to the extent that claim is released by this document.
MY HEALTH, SAFETY, AND RESPONSIBILITIES
I confirm that I am physically able to take part and have told the Operator about any medical condition, injury, pregnancy, or limitation that could affect my safety or anyone else’s. I will wear a life jacket whenever the Operator or the law requires it. I will not use alcohol or drugs that could impair my judgment or balance before or during the activity, and I will follow the Operator’s instructions and safety briefing. I understand the Operator has the final say on safety. The Operator may refuse to let me or anyone in my party take part, or may end the activity early, at any time if someone appears impaired by alcohol or drugs, is unsafe or aggressive, or ignores safety instructions, if a person too young or unable to take part safely is brought along, or if conditions or equipment are not safe. When that happens because of my or my party’s conduct or condition, I am not refunded. Unless the Operator tells me in writing that it is provided, I am responsible for any fishing license, stamp, or permit I need, and for obeying all fishing, boating, and wildlife laws and limits.
EMERGENCY MEDICAL TREATMENT
I authorize the Operator and any emergency personnel the Operator contacts to give first aid and to arrange emergency medical treatment and transport for me and for any minor in my party if we cannot consent. I understand help may be far away and slow to arrive. I agree to be financially responsible for that treatment and transport, and I will give the Operator an emergency contact name and phone number before the activity begins if asked.
MY PARTY, INCLUDING MINORS
I am signing for myself and for each other person in my booking party. I confirm that I am at least 18 years old and that I am authorized to sign for them: every adult in my party has agreed to be bound by this document or has authorized me to sign for them, and for every person under 18 I am the parent or legal guardian and I sign on their behalf and agree they are bound. I will make sure everyone in my party has the chance to read this document (a copy is emailed to me) and follows the Operator’s instructions. A minor must be accompanied by a parent or guardian unless the Operator agrees otherwise in writing.
WEATHER, CANCELLATION, AND NO GUARANTEES
The Operator decides, in its sole judgment, whether conditions are safe, and may delay, change, move, shorten, or cancel the activity. If the Operator cancels, or the activity is cancelled for weather or safety, I am refunded in full. If I cancel more than 48 hours before the start time, I am refunded the amount I paid less a non-refundable card processing fee (the percentage is shown at checkout); if I cancel within 48 hours of the start time, I am not refunded. No result is guaranteed, including any catch, wildlife sighting, or particular experience. Only the people on my booking may take part, and the Operator may refuse anyone who is not on it, without a refund for them. The price I agreed to when I booked is the price: I do not owe the Operator extra money for the activity itself, and I will report it to WaterLynk if I am asked for any. Tips, meals, and gear rentals that I choose to pay for are separate. If I have not arrived or contacted the Operator within 30 minutes of the start time, the Operator may treat my booking as a no-show with no refund; if I arrive within that time I get the time that is left, and the activity still ends at the planned time unless the Operator agrees otherwise. I cannot cancel for weather alone, but I am welcome to ask the Operator to cancel.
ELECTRONIC SIGNATURE AND RECORD
I agree that checking the boxes and typing my name is my legal signature, with the same effect as signing on paper, and that I may sign electronically. I have the ability to read this document on my device. WaterLynk records my typed name, the date and time, my IP address, and the exact text shown to me, and emails me a copy; I may print or save it, and I can ask WaterLynk for a paper copy at no charge. If I do not want to sign electronically, I will not book through WaterLynk.
GOVERNING LAW, SEVERABILITY, AND ENFORCEMENT
This document is governed by the law of the state where the activity takes place, without regard to conflict-of-law rules, and any dispute about it will be brought only in the state or federal courts located in that state. It binds me, my heirs, executors, administrators, and personal representatives, and it continues to apply after my trip ends. If a court finds any part of this document unenforceable, the rest stays in effect and the unenforceable part will be enforced to the greatest extent the law allows. In particular, if the release of negligence claims cannot be enforced in a particular state or against a particular person, my assumption of risk, my promise not to sue, my indemnity, and every other part of this document still apply fully. This document, together with the WaterLynk Terms of Use and Privacy Policy, is the entire agreement between me and the Released Parties about its subject matter.
ACKNOWLEDGMENT
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE. I SIGN IT VOLUNTARILY, AS MY OWN FREE ACT, FOR MYSELF AND MY PARTY.
