Release and Waiver of Liability Agreement
Release and Waiver of Liability Agreement
Please read this waiver agreement. A waiver form will be provided for client's signature prior to our departure.
1. Rules and conditions of service: The Client shall comply with the following rules and conditions of Mangan’s Cast a Fly LLC as a prerequisite to the performance of the service.
1.1 The client agrees to Catch and Release fishing only.
1.2 The client shall not be intoxicated during the fishing trip.
1.3 The client shall not wear cleated waders in the boat.
1.4 The client agrees to wear eye protection.
1.5 The client agrees not to bring glass containers on the river.
Failure to abide by the terms of these Rules and Conditions of Service shall be grounds for Mangan’s Cast a Fly LLC to terminate your river guide service and retain 100% of the fee for same as liquidated damages.
2. Release, Waiver, and Indemnification: For good and valuable consideration, including payment for river guide service, the client for themselves and their agents, representatives, heirs, administrators, successors, and assigns, waives liability for releases and forever discharges Mangan’s Cast a Fly LLC, its agents, partners, affiliates, successors, and assigns of all causes of action, whether known or unknown that the client may have against it arising out of the river guide services that Mangan’s Cast a Fly LLC is providing to client contemporaneous with the execution of this document.
2.1 Inherent Danger: The parties acknowledge that fishing in a boat is an inherently dangerous activity that is being conducted on a river or lake, where cell phones and other means of communication are not always available. The nearest hospital is sometimes over 8 hours away from the location of the boat. Knowing the same, the client releases and forever waives any claim against Mangan’s Cast a Fly LLC, as set forth above.
2.2 Indemnification: Client agrees to indemnify, defend and hold harmless Mangan’s Cast s Fly LLC, against any and all claims, damages, losses, and expense (including but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by the client or a third party arising out of or relating to (i) client’s use of the river guide services, (ii) any breech by client of this agreement, or (iii) and acts or omissions of client. The terms of this section will survive any termination of this agreement.
2.3 Disclaimer of Warranty: The client agrees to use Mangan’s Cast a Fly LLC services at clients own risk. The services provided under this agreement are provided on an as is, as available basis. Mangan’s Cast a Fly LLC makes no warranties of any kind, expressed or implied, including but not limited to warranties of non-infringement, merchantability or fitness for a particular purpose with respect to the services will not be interrupted, error-free or that any results obtained from the use of services is accurate and reliable. Mangan's Cast a Fly LLC expressly disclaims any liability for the river guide services to the client no oral advice or written information given by any Mangan’s Cast a Fly LLC representative will create any warranty nor may you rely on such information or advice.
PLEASE PRINT THIS WAIVER AND FILL OUT ~ (WAIVER/PRINT ME)