Release and Waiver of Liability Agreement
PLEASE READ CAREFULLY BEFORE BOOKING YOUR TRIP
Fishing is a potentially dangerous activity. Our guides adhere to the highest safety and training standards but there are inherent risks which we can not control and can not 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, in consideration of the service of Trout Encounters, Alberto Rey, contracted guides, cook, assistants and or representatives, hereby agree to release and hold harmless all of the above mentioned parties on behalf of myself, my heirs, assigns, personal representative and estate as follows: I understand and acknowledge that the activity I am about to voluntarily engage in 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, or to spectators or 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, allergic reactions, illness and other harm which may be encountered in participating in wading, guided and unguided fishing, meals and those activities associated therewith. I expressly agree, and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, harm or damage to myself, to others, or to my property, arising from my participation in this activity. In filling out the information, I fully recognize that if anyone is hurt or property is damaged while I engage in this event, I will have no right to make claim or file a lawsuit against Trout Encounters, Alberto Rey, contracted guides, cook, assistants or representatives.
PHYSICAL HEALTH: To the best of my knowledge I, the client, have no physical restrictions which would prohibit my participation in any-and-all activities offered by Trout Encounters and Alberto Rey, 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 Trout Encounters and Alberto Rey liable regarding the provision of medical and/or emergency care or the adequacy of any such care. Alberto Rey and Trout Encounters reserves the right to decline service to any person it judges incapable of meeting the requirements of participating in fishing related activities.
RELEASE & ACKNOWLEDGEMENT OF RISK: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks as described in this document. I expressly agree, and promise to accept and assume all responsibilities of all risks while I engage in this event, and agree that I will have no right to make claim or file a lawsuit against Trout Encounters and Alberto Rey, contracted guides, cook, assistants or representatives. By signing this Agreement, I, myself, or as parent or guardian of any accompanying minor, unconditionally release and hold harmless Trout Encounters and Alberto Rey, and/or their representatives against and for all liability, cost, expenses, claims and damages for which the guide 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 Trout Encounters and Alberto Rey, regardless of how, where, or when such injury, illness, death or damage occurs even if caused by the negligence of the guide, its agent, contractor, or employees, or due to conditions, defects in the vessel, equipment or activities. I irrevocably agree to that the contract is governed by laws of the guide’s domicile and that all lawsuits arising out of this agreement must be brought in the guide’s local court.
COVID-19 STATEMENT: In light of the global COVID-19 pandemic, Trout Encounters, Alberto Rey, is taking all possible precautions and will continue to follow local and state regulations. You understand and acknowledge that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless Trout Encounters and Alberto Rey, for any matters related to COVID-19.
I agree by filling out the information below and acknowledge that I have read and fully understand the contents of this entire document, understand that it affects my legal rights, and agree to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon myself, my respective heirs, successors and assigns. I execute it voluntarily with full knowledge of its significance.
I understand that my signing and submitting this document in this fashion is the legal equivalent of having placed my handwritten signature on the submitted document and this affirmation to my agreement to the terms of this release and waiver of liability.
Each angler on this trip must fill out their own form.