FRIENDS IN SPORTFISHING™ RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT THIS IS A BINDING LEGAL AGREEMENT. BY SIGNING THIS DOCUMENT YOU GIVE UP IMPORTANT LEGAL RIGHTS. PLEASE READ CAREFULLY AND SIGN. In consideration of my participation or the participant’s participation in any program, activity or event sponsored, organized, promoted or held, directly or indirectly, by FRIENDS IN SPORTFISHING™ or its affiliates, I hereby warrant and agree as follows: 1. I am the participant or guardian/power of attorney of the participant having full legal responsibility for decisions regarding the participant. 2. I acknowledge that I am aware of the risks, dangers and hazards associated with or related to the sport of fishing and all related activities that may result in personal injury, death, property damage, expense and related loss to myself or the participant. 3. I understand and agree that the risks and hazards of sport fishing include, but are not limited to injuries as a result of: entering and exiting the pontoon boat; spending extended times in the pontoon boat; water conditions such as currents, waves, water temperature and water clarity; physical contact with other participants while in the pontoon boat; the use of all equipment used in the exercise of sport fishing; psychological factors such as anxiety; changing weather conditions; dehydration and/or fatigue; and negligence of other participants. 4. I am familiar with and accept that there is the risk of serious injury and death in participation in the sport of fishing. 5. I have satisfied myself and believe that the participant is physically, emotionally and mentally able to participate in this event, and that his/her equipment is mechanically fit for his/her use in this event. 6. I understand that all applicable rules, regulations, policies and procedures of Friends in Sportfishing™ (which can be found at www.friendsinsportfishing.net) for participation must be followed and that at all times the sole responsibility for personal safety remains with the participant. 7. I understand that the use of the facilities and equipment provided for by Friends in Sportfishing™ and its affiliates are to be used in a manner consistent with their intended use and application and for no other or improper purpose. 8. I understand that the participant has sole responsibility for their personal possessions and equipment during the Friends in Sportfishing™ event and its related activities. 9. I further acknowledge and understand that insurance coverage is not provided for this event and that I am responsible to obtain my own personal accident insurance coverage should I wish to be eligible for accident benefits that are in excess of those currently covered through my provincial or private health insurance plan(s). 10. I grant full permission to Friends in Sportfishing™ and its affiliate’s use of the participant’s photographs as part of the organizations website. I UNDERSTAND AND AGREE ON BEHALF OF THE PARTICIPANT, HIS/HER HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, NEXT OF KIN, MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES: 1. AN UNQUALIFIED ASSUMPTION OF ALL RISKS associated with participation in this event by myself or the participant even if arising from negligence or gross negligence of Friends in Sportfishing™ and/or its affiliates, including each of their respective directors, officers, representatives, agents and employees, and any instructors, officials, volunteers, organizers, agents, sponsors, funding partners, and owners/operators of Friends in Sportfishing™ and its affiliates, (collectively the “Released Parties”). 2. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I or the participant have or may in the future have against the Released Parties from any and all liability for any loss, damage, injury, expense or death that me or the participant may suffer as a result of participation in any program, activity or event sponsored, organized, promoted or held, directly or indirectly, by Friends in Sportfishing™ or its affiliates, due to any cause whatsoever, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT OR ANY OTHER RELEVANT STATUTES, AND NOTWITHSTANDING that the loss may have been contributed to or occasioned by the negligence, including gross negligence, of any one or more of the Released Parties. 3. AN AGREEMENT NOT TO SUE THE RELEASED PARTIES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of myself or the participant in any program, activity or event sponsored, organized, promoted or held, directly or indirectly, by Friends in Sportfishing™ or its affiliates. 4. AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the Released Parties, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the Released Parties or otherwise. 5. AN ACKNOWLEDGMENT that I HAVE READ THIS DOCUMENT THOROUGHLY. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH THE PARTICIPANT, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS AND I, MY HEIARS, NEXT OF KIN, EXECUTORS, ADMINISTRATOS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT. ____________________________________ Signature of participant or Guardian/Power of Attorney of participant ____________________________________ Printed name of participant or Guardian/Power of Attorney of the participant ____________________________________ Signature of Witness ____________________________________ Printed name of Witness ____________________________________ Date |