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RELEASE AND WAIVER OF
LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
MUST READ BEFORE SIGNING
In
consideration of TENNESSEE BASS GUIDES, Inc., providing
equipment, services, and facilities to participate in any way in
the sport and activities of GUIDED FISHING, an outdoor action
sport, I, as Participant (and as parent's) or guardian's) of a
Participant who is a minor, if applicable), covenant and agree
as follows:
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND
UNKNOWN, AND HERBY AGREE TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY
AND HOLD HARMLESS TENNESSEE BASS GUIDES, INC., AND ITS MANAGERS,
MEMBERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ASSIGNS,
GUESTS AND BUSINESS INVITEES (COLLECTIVELY THE “BUSINESS”) FROM
ANY LIABILITY FOR ACCIDENT OR INJURY TO THE UNDERSIGNED’S PERSON
OR PROPERTY, WHILE SAID UNDERSIGNED IS IN OR ON THE BUSINESS’
PROPERTY FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION,
PARTICIPATING IN AND OR OBSERVING GUIDED FISHING ACTIVITIES, OR
FOR ANY OTHER REASON.
I fully understand that this
activity MAY involve risks of bodily injury resulting from
boating on rough waters, sharp hooks on lures, knives, and other
obvious injuries that may result from my participation in
fishing activities. I understand that personal flotation
devices are required to be worn while the boat is in motion.
And, furthermore, I assume all risk of drowning which may be
caused by my own actions, or inactions, those of others
participating in the event, the conditions in which the event
take place; and that there may be other risks either not known
to me or not readily foreseeable at this time; and I fully
accept and assume all such risks and all responsibility for
losses, costs and damages I incur as a result of my
participation of the activity.
I acknowledge that these risks may
arise from the conditions and use of the venue and related
premises, including slipping, colliding with, or falling on
rocks, boulders, logs, trees, stumps, land, water or any other
substance. I understand that these risks and dangers may be
caused by my negligence or the negligence of others, including
TENNESSEE BASS GUIDES, Inc. I acknowledge and understand that
included within the scope of this waiver and release is any
claim or cause of action arising from the performance, or
failure to perform, of any maintenance, inspection, supervision
control of said premises and for the failure to warn of
dangerous conditions existing at said premises, for the failure
to maintain or inspect equipment supplied to me, for negligent
selection or retention of certain Releases, or negligent
supervision or instruction of TENNESSEE BASS GUIDES, Inc. I
understanding and agree that all the risks and dangers described
throughout this agreement, including those caused by my
negligence and/or others, are included within the waiver and
release contained herein. I (and as parent(s) or guardian(s) of
a Participant who is a minor, if applicable), KNOWINGLY AND
FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.
I hereby certify that I do not
suffer from any physical infirmities, chronic illness or
physical disabilities which are affected by or prohibit me from
engaging and participating in this activity. I understand that
I am responsible for consulting my physician before I engage in
any activity that may aggravate any condition that I may have.
I (and as parent(s) or guardian(s)
of a Participant who is a minor, if applicable), HEREBY
RELEASE, DISCHARGE AND HOLD HARMLESS Tennessee Bass Guides,
Inc, from and against any and all claims, liability an/or causes
of actions I may have or that may be made on my behalf or by my
spouse, children, heirs and legal representatives, for death,
wrongful death, personal injury (whether physical, emotional
and/or psychiatric or any combination thereof), loss of
consortium, property damage and/or breach of contract or any
other damage, occasioned by, arising out of or incidental to my
participation in the activities or services provided by
Tennessee Bass Guides, Inc. WHETHER OR NOT RESULTING FROM OR
CAUSED BY NEGLIGENCE, of and/or the part of Tennessee Bass
Guides, Inc.
I shall defend, indemnify and save
harmless Tennessee Bass Guides, Inc., from any and all claims,
actions, suits, procedures, costs, expenses, damages and
liabilities, including Attorney’s fees, brought as a result of
my participation (or that of my minor Participant, if
applicable) and to reimburse them for any such expenses
incurred.
I HAVE READ AND FULLY UNDERSTAND THIS
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING
BELOW, AND I DO SO FREELY AND VOLUNTARILY WITHOUT ANY
INDUCEMENT. I STATE THAT I AM AT LEAST 18 YEARS OF AGE AND IN
GOOD HEALTH, OR IF NOT, MY LEGAL GUARDIAN HAS SIGNED ON MY
BEHALF, AND INTEND TO BE BOUND BY THIS AGREEMENT.
______________________________________ Date
Signed_________________
PARTICIPANT’S
SIGNATURE
______________________________________________________________________________
ADDRESS
CITY, STATE, ZIP CODE PHONE #
FOR
PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF
REGISTRATION)
______________________________________________________________________________________
PARENT/GUARDIAN’S
SIGNATURE
EMERGENCY PHONE #
Date
Signed_____________________________
RELEASE
I do hereby
give Tennessee Bass Guides, Inc., its assigns, licensees, and
legal representatives the irrevocable right to use my picture,
portrait, or photograph in all forms and media and in all
manners, including composite, for advertising, for publication
or any other lawful purposes, and I waive any right to inspect
or approve the finished product, including written copy, which
may be created in connection therewith.
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