Release and waiver of liability

Wenatchee Fly Company & Guide Service

Release and Waiver of Liability

Fishing and boating are potentially dangerous activities. Wenatchee Fly Co. & Guide Service adheres to the highest safety and training standards but there are inherent risks, which we cannot control and cannot be eliminated. You must be aware of these risks before you take a trip with us.

THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS

I, the undersigned, on behalf of myself, my heirs, assigns, personal representatives, estate, attorneys, and insurers and/or as parent or guardian of any accompanying minor and his/her heirs, assigns, personal representatives, estate, attorneys, and insurers (the “Releasing Party” or “I”), in consideration of the service of Wenatchee Fly Co. & Guide Service and its officers, employees, contractors, agents or representatives (the “Wenatchee Parties”)hereby agree as follows:

The Releasing Party understands and acknowledges that the activity in which he/she is about to voluntarily engage as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage, or damage to myself, to my property, to other participants, to spectators, or to other third parties.

The following describes some, but not all of those risks. Risks include, but are not limited to: death, drowning, bodily injury, sunburn, dehydration, insect or animal bites, encounters with wildlife, and other harm which may be encountered in participating in wading, boating, guided and unguided fishing, and those activities associated therewith. I expressly agree, and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage arising from participation in this activity..

PHYSICAL HEALTH: To the best of my knowledge the Releasing Party has no physical restrictions which would prohibit participation in any-and-all activities offered by  the Wenatchee Parties, including fishing, boating, boarding or disembarking the vessel, or consuming food or beverage prepared by the outfitter or their representatives. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liabilities. Should emergency medical services become necessary to me or any minor I have authorized to participate, I agree that I will not hold the Wenatchee Parties liable regarding the provision of medical and/or emergency care or the adequacy of any such care. The Wenatchee Parties reserve the right to decline service to any person they judge incapable of meeting the requirements of participating in fishing related activities.

PERSONAL FLOATATION DEVICES/LIFE JACKETS: I acknowledge that the Wenatchee Parties will provide life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel, at the marina or launch area, or when otherwise instructed to do so. Failure to do so is at my/our own risk. In a motor boat under power, appropriate PFD must be worn at all times without exception.

RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE: The Releasing Party understands and acknowledges that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. The Releasing Party expressly agrees, and promises to accept and assume all responsibilities of all risks while engaging in this event, and agree that the Releasing Party will have no right to make claim or file a lawsuit against the Wenatchee Parties, and unconditionally RELEASES, HOLDS HARMLESS, AND COVENANTS NOT TO SUE the Wenatchee Parties for any and all liability, cost, expenses, claims and damages for which the Wenatchee Parties might otherwise become liable by reason of any accident, illness or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with or related to the participation in any activity or service offered by Wenatchee Parties, regardless of how, where, or when such injury, illness, death or damage occurs EVEN IF CAUSED BY THE NEGLIGENCE OF THE WENATCHEE PARTIES, OR DUE TO CONDITIONS, DEFECTS IN THE VESSEL, EQUIPMENT OR ACTIVITIES.

COVID-19 STATEMENT: In light of the global COVID-19 pandemic, Wenatchee Fly Co. & Guide Service adheres is taking all possible precautions and will continue to follow local and state regulations. The Releasing Party understands and acknowledges that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless All Water Guides for any matters related to COVID-19.

Any waiver of any provision of this Agreement must be in writing.  The waiver of any provision of this Agreement shall not constitute either a waiver of any other provision hereof (whether or not similar) or a continuing waiver.

Each and every paragraph, sentence, term, or provision of this Agreement shall be considered severable and, in the event that a court finds any paragraph, sentence, term or provision to be invalid, illegal, void, or unenforceable, the validity and enforceability, operation or effect of the remaining paragraphs, sentences, terms, and provisions shall not be affected; and this Agreement shall be construed in all respects as if the invalid or unenforceable matter had been omitted or limited.

The Releasing Party agrees and acknowledges that he/she has read and fully understands the contents of this entire document, understand that it affects his/her legal rights, and agrees to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon the Releasing Party as defined herein. The laws of the State of Washington (without giving effect to its conflicts of laws principles) govern all matters arising out of or relating to this document, including without limitation, its interpretation, construction, performance, and enforcement.  The Releasing Party further agrees that all such matters shall be litigated exclusively in the Chelan County Court. The Releasing Party warrants and represents that he/she has read and understands all of the terms of this document and I execute it voluntarily with full knowledge of its significance.