RELEASE OF LIABILITY
(Minor)
This is an important document; read 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
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.
PARENT OR GUARDIAN: I, THE MINOR’S PARENT
AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE
OF FLY FISHING, KAYAKING, CANOEING, BOATING AND
RELATED ACTIVITIES AND THE MINORS EXPERIENCE
AND CAPABILITIES AND BELIEVE THE MINOR TO BE
QUALIFIED, IN GOOD HEATH AND IN PROPER PHYSICAL
CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I
HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE,
AND AGREE TO INDEMNIFY AND SAVE AND HOLD
HARMLESS EACH OF THE “RELEASEES” FROM ALL
LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES
ON THE MONR’S 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, I, THE MINOR
OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM
AGAINST ANY OF THE NAMED ABOVE, I WILL
INDEMNIFY, SAME, AND HOLD HARMLESS EACH OF THE
“RELEASEES” FROM ANY LITIGATION EXPENSES
ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY
MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.