RELEASE OF LIABILITY
(Adult)
This is an important document; read it before signing
IN CONSIDERATION of being permitted to participate
in any way in the Texas Flyfishers programs, events and
activities I, for myself, my personal representatives,
assigns, heirs and next of kin:
ACKNOWLEDGE, agree and represent that: I
understand the nature of fishing, kayaking, canoeing,
boating and related activities; I understand that I may be
on or beside water, that the water may be moving and that
being in such a location may be dangerous; I understand
that these activities are many times strenuous and may
create a risk of harm; I possess the skill and knowledge
necessary for this type of activity and I am in good health
and in proper physical condition to participate in such
activities and I willingly agree to comply with the terms
and conditions of participation.
FULLY UNDERSTAND that: (a) Fishing, boating, and
related activities INVOLVE RISKS AND DANGERS OF
DAMAGE TO PERSONAL PROPERTY AND
SERIOUS
BODILY INJURY, INCLUDING
PERMANENT DISABILITY, PARALYSIS AND
DEATH (“Risks”); (b) these Risks and dangers may be
caused by my own actions or inactions, the actions or
inactions of others participating in the activity, the
conditions in which the activity takes place or THE
NEGLIGENCE OF THE “RELEASEES” NAMED
BELOW; (c) there may be other RISKS AND SOCIAL
AND ECONOMIC LOSSES either not known to me or
not readily foreseeable at this time; and I FULLY
ACCEPT AND ASSUME ALL SUCH RISKS AND
RESPONSIBILITY FOR LOSSES, COSTS, AND
DAMAGES I incur as a result of my participation or that
of any minor that may accompany me in the activity.
HEREBY RELEASE, DISCHARGE AND COVENANT
NOT TO SUE the Texas Flyfishers club (“TFF) of
Houston, Texas, its affiliated clubs and organized
affiliates, its/their respective instructors, teachers, event
guides, certified instructors, trainers, trip leaders,
educators, administrators, directors, agents, officers,
members, volunteers and employees, other participants,
any sponsors, advertisers and, if applicable, owners and
lessors of premises on which the activity takes place,
(each considered one of the “RELEASEES” herein)
FROM ALL LIABILITY CLAIMS, DEMANDS,
LOSSES, PERSONAL INJURIES, DEATH, DAMAGE
TO PROPERTY OR OTHER
DAMAGES ON MY ACCOUNT CAUSED OR
ALLEGED TO BE CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF THE “RELEASEES” OR
OTHERWISE, INCLUDING
NEGLIGENT RESCUE OPERATIONS; AND
FURTHER AGREE that if despite this RELEASE AND
WAIVER OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT I or anyone on my
behalf, makes a claim against any of the Releasees, I
WILL INDEMNIFY, SAVE AND HOLD HARMLESS
EACH OF THE RELEASEES from any litigation
expenses attorney fees, loss, liability, damage or cost
which any may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING IT AND HAVE SIGNED IT FREELY
WITHOUT ANY INDUCEMENT OR ASSURANCE
OF ANY NATURE AND INTEND IT TO BE A
COMPLETE AND UNCONDITIONAL RELEASE OF
ALL LIABILITY TO THE GREATEST EXTENT
ALLOWED BY LAW AND AGREE THAT IF ANY
PORTION OF THIS AGREEMENT IS HELD TO BE
INVALID THE BALANCE, NOT WITHSTANDING
SHALL CONTINUE IN FULL FORCE AND EFFECT.
