Release of Liability & Waiver of Legal Rights
Definitions
The person who is participating in boating and or fishing shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant & All Parties when the Participant is age 18 or older, OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Woody’s Fishing Adventures, LLC, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in boating and or fishing and using the boating and or fishing facilities for any purpose.
Risks of Activity
The Undersigned agree and understand that taking part in the activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledges that the activity is inherently dangerous and fully realizes the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow, tides, currents, wave action, wakes, collisions with other participants, watercraft and other manmade and natural objects, wind shear, weather conditions, lightning, capsizing, sinking, exposure to elements, drowning, marine life, equipment failure and/or defects, slips, falls, operator error, mental distress from exposure to any of the above; and negligence of others. The Undersigned acknowledge and understand that the description of risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks.
Release, Indemnification, and Assumption of Risk
In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
Release
The Undersigned hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against the RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but no limited to claims of negligence, breach of warranty, and/or breach of contract.
Indemnification
The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
Assumption of Risk
The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
Minor Acknowledgment
In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this agreement on his/her behalf but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this agreement. Additionally, by signing this agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are legal parent or guardian of the minor Participant. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if medical attention is needed in the opinion of such personnel. Undersigned agree to pay all costs associated with such medical care and related transportation.
Fishing Success
The undersigned further agrees that the success that catching and boating any fish is dependent upon a variety of factors including, but not limited to, weather, water temperature, timing, angler skill, and other factors beyond the control of Woody’s Fishing Adventures LLC. Although every reasonable effort shall be made to assure angler success, such is not guaranteed.
Miscellaneous
The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinance; (b) this Agreement shall be governed by the laws of the State of Texas, and the exclusive jurisdiction of any claim shall be the County Court of Nueces County or the federal court of the State of Texas; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, successors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
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