Waiver and Activity Consent
Children Under 18 – Required Parent or Guardian Consent and Indemnification
I, the parent and/or legal guardian of participant(s) under the age of 18 (such participant(s) named below “Participant”), understand the nature of the Activities (see below) to be engaged in by the Participant(s), and, knowing the experience and capabilities of the Participant(s), I represent the Participant(s) to be qualified to participate and consent to their participation. I accept full responsibility for the safety of the Participant(s). In consideration of the Participant(s) being permitted by Back Water Fishing, LLC (and together with their agents, members, officers, employees, representatives, and assigns, hereinafter referred to as “Back Water Fishing”) to participate in its Activities and use its equipment and facilities, I RELEASE, DISCHARGE, and COVENANT NOT TO SUE Back Water Fishing and the other Released Parties from any liability, claims, demands, causes of action, losses, injuries or damages to the Participant(s), and, as further described below, I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any damages, costs, or attorney’s fees for any claims by or on behalf of the Participant(s), or on account of the Participant(s). By signing below, I also AGREE to all other terms and conditions herein.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, INCLUDING THOSE OF THE PARTICIPANT(S) AND BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE, FOR ME AND THE PARTICIPANT(S), OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
For and in consideration of the Activities and the use or other access to equipment, or facilities of Back Water Fishing, the undersigned Participants enter this Participation Agreement and Release:
Warnings, Understandings, and Representations.
The business and camp activities of Back Water Fishing may include fishing (including the use of rod, reel, line, lures, hooks, and bait), swimming (in pools or natural bodies of water), kayaking, canoeing, open water and sports activities, hiking, transportation in vehicles, and individual or group challenges or games (collectively, “Activities”). I understand that participation in these Activities involves risk of serious injury, including bodily, mental injury, disability, paralysis, pain, suffering, drowning or death. Dangers to persons, pets, and other property may include exposure to natural features and elements; tipping or turning over of watercraft; entanglement in trees or other obstructions; exposure to heat, cold, lightning, strong currents, injurious plants, harmful algae, bacteria, waterborne toxins, insects, animals (wild, tame, or livestock), or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; hypothermia; or accidental drowning. I UNDERSTAND that risks and dangers may result from the acts or omissions of myself or third parties, or of Back Water Fishing or the other Released Parties. With full knowledge of the risks and dangers, I represent that the Participants are in good health and have the proper physical condition and preparation necessary to participate in the Activities of Back Water Fishing. The Participants do not have health problems or medical conditions that preclude participation. I understand the Activities of Back Water Fishing and have inspected, or had the opportunity to inspect, the equipment facility, and Activities of Back Water Fishing, and I find that they are acceptable for the intended use or participation.
Assumption of Risk and Responsibility for Injury or Damage.
I ACKNOWLEDGE THAT ACTIVITIES (INCLUDING FISHING, HIKING, SWIMMING, AND THE OTHER OPEN WATER, POOL, OR OTHER ACTIVITIES ARE INHERENTLY DANGEROUS and that Participants engage in these Activities at their own risk. I understand that the risks and dangers cannot be eliminated without jeopardizing the essential qualities of the Activities, and I voluntarily elect the Participant(s) to participate, accepting and assuming the risks. I certify that I have adequate insurance to cover any injury or damage that Participants may cause or suffer. I agree to bear the costs and responsibility for any injury or damage Participants may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment.
Authorization to Use Likeness.
I hereby give permission for Back Water Fishing, its marketing consultants and their agents to capture the voice, image or likeness of myself or Participant through video, photograph, or digital camera, and further consent to the use of said voices, images, or likeness by Back Water Fishing, its marketing consultant or others in advertising, promoting, or marketing their businesses, Activities, events, or equipment, and hereby waive any rights of compensation or ownership thereto.
Indemnification and Release of Liability.
I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE BACK WATER FISHING, including but not limited to TEXAS TRAIL RIDES, LLC, together with either of the foregoing parties’ agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, property owners, property managers, landlords or others acting on their behalf (the foregoing collectively, “Released Parties”) of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries (including death) or damage to persons, pets, or other property that may arise from the Activities or from use or other access to the equipment or facilities of Back Water Fishing or which may be connected to the Participant(s)’ participation in the Activities, and to all claims for personal injuries or property damage sustained by me or the Participant(s), or by either’s estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (the “Releasing Parties”). On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS BACK WATER FISHING AND EACH OF THE RELEASED PARTIES for any loss, liability, damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by the Activities or the use or other access to equipment or facilities of Back Water Fishing.
Choice of Law.
This Agreement creates a covenant not to sue, and complete release and indemnity of, Back Water Fishing and the Released Parties. If, despite this Agreement, suit is attempted, I agree that the exclusive forum shall be Hays County, Texas, applying Texas law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect.
Careful Review and Understanding.
I have carefully read this Agreement in its entirety. I fully understand the Agreement, understand that I am knowingly waiving substantial rights by signing the Agreement, and sign it freely, without any inducement or assurance of any nature.
