Intro

Fernie Fly Fishing

Assumption of Risks, Release of Liability, Waiver of Claims, Indemnity Agreement.
By signing this document, you will waive certain legal rights, including the right to sue.

PLEASE READ CAREFULLY

To: Fernie Fly Fishing, Fernie, British Columbia (hereinafter referred to “FFF”), its employees, its contractors, and resellers of fishing trips.

AND TO: Any booking agents or product resellers, it’s board of directors, officers, employees, contractors and/or representatives;

Definitions in this Agreement:
a) The term “floating” shall include drift boats, river pontoons, inflatable rafts, and float trips.

b) The term “guided fly fishing trip” shall include all services and use of facilities either provided by or arranged by FFF or in any way related to fly fishing, but no limited to: reservations, orientation and instruction sessions, seminars, schools, classes; transportation or travel to and from our designated trip pickup meeting area to any river access; travel via private property to gain river access; accommodation and recreational activities in addition to floating; all floating and river activities in the river environment including walking on shore, walking on trails and river swimming.

All ages under 18 MUST HAVE a liability waiver signed by their parent or legal guardian. EVERYONE MUST HAVE a waiver initialed and COMPLETELY filled out.

Agree and Acknowledge

I understand and acknowledge that if I proceed to register on line and to sign the waiver electronically that such electronic registration and electronically signed Waiver document will be valid and enforced in the same manner as a hand-signed document that exists in physical form and that a record or signature may not be denied legal effect or enforceability under law solely because it is in electronic form.

Basic Information

Use parent or guardian information if under 18

Contact Information

Use parent or guardian information if under 18

Minor Information

Enter the information for the children for which you are responsible for:



Section A:
Acknowledgement of risks, floating hazards, wilderness travel, weather etc; I understand that a guided fly fishing trip and floating the river involves inherent risks, dangers and hazards. Rivers are dynamic environments which are subject to continual change. I acknowledge that FFF and its staff; and contractors may be negligent in avoiding scenarios which may subject the angler to ejection from the drift boat or raft, separation from the drift boat or raft, overturning of the drift boat or raft, and broaching or wrapping of the drift boat or raft on rocks or wood hazards. The river environment is uncontrolled and involves many risks in addition to guided fly fishing. These risks may include but are not limited to; sweepers (trees hanging over the surface of the water), strainers (trees suspended in the water), rocks both on shore and in the water, hydraulics, steep embankments and portage trails, wild and or domestic animal encounters. I realize that communication in the river environment is difficult, and in the event of an accident, rescue and medical treatment may not be available. Travel by logging or private roads to river access can be hazardous.

Section B:
Acknowledgement of risks, floating hazards, wilderness travel, weather etc;
In consideration of FFF allowing me to participate in a guided fly fishing trip, I hereby agree as follows:

1. To waive any and all claims that I have or may have in the future against FFF and it’s employees, its board of directors, employees, contractors, agents or representatives (hereafter referred to as the releasees) arising out of any aspect of my participation in floating or in a guided fly fishing trip.

2. To release the releasees from any and all liability for loss, damage, expense or injury including death, that I, or my next of kin may suffer as a result of participation in floating or a guided fly fishing trip, due to any cause whatsoever, including negligence, breach of contract, or breach of any duty of care.

3. To hold harmless and indemnify the releasees from any and all liability for any property damage or personal injury to any third party, resulting from my participation in floating or a guided fly fishing trip;and

4. That this document shall be binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death. In entering this agreement, I am not relying on any oral or written representation or statements made by the releases with respect to the safety of floating and a guided fly fishing trip, other than what is set forth in this agreement.

5. This agreement shall be governed by the interpreted in accordance with the laws of British Columbia. Any litigation involving the parties to this agreement shall be brought within the province of British Columbia.

6. I acknowledge and accept that FFF may us photos taken during this trip to be used for future promotion of the FFF.

Section C:
Statement of medical and physical competence:
I affirm I am of physical and mental competence for the proposed guided fly fishing trip.

I confirm that I am 16 years old or older, and that I have read and understood this agreement prior to signing it. I am also aware that by signing this agreement, I am waiving certain legal rights, which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the releasees.

By signing this document, I am aware and fully acknowledge these risks, dangers and hazards; and I freely accept and fully assume all such risks and the possibility of personal injury, death, property damage or loss resulting there from.

Signature

By entering my name below and clicking the “Submit Waiver” button below, I indicate my acceptance and delivery of this waiver and release. I acknowledge that I have been given an opportunity to prevent or correct any error in connection with this waiver form. If I have submitted this waiver form in error, I will immediately notify you of the error, revoke my signature as instructed, and refrain from participating in any event or activity to which the waiver applies.