Instructor/Guide Service, Assumption of Risk & Release

 

INSTRUCTOR/GUIDE SERVICE AGREEMENT: This is an agreement between Doug Pendleton, Pendleton & Associates, LLC, dba Northwest Fly Fishing Academy (NWFFA) or its instructional staff, Leavenworth, Washington (Instructor) and the individual(s) registered above (Client). Client has hired and paid Instructor for Instructor’s teaching services. Client understands that ponds, lakes and rivers involve inherent risks and dangers. Whether the instruction involves wading in a river, standing by a fishing pond, floating a river in a boat or on a lake on a floating device. Risks of wading a river or floating on a lake in a floating device include but are not necessarily limited to, injury or death caused by: (a) slipping on rocks or slippery river bottom surfaces, (b) getting ones foot caught in rocks in fast current, (c) losing balance, filling ones waders, or otherwise getting into a position relative to the depth of flow of the river that cannot be recovered from. Risks of floating a river in a boat or on a lake in a floating device include, but not necessarily limited to injury or death caused by: (a) slipping or falling while getting in or out of the boat or floating device, falling as a result of wet or uneven surfaces, (b) the boat or device striking rocks or other objects causing client to fall out of the boat or floating device or the boat or device to sink. Some of the other risks of wading and floating include, but not necessarily limited to: (a) eye or other injuries from being struck with a fly hook, particularly while fishing in the wind, (b) unusual and abnormal circumstances and events, including but are not limited to unexpectedly high or low water changes, electrical storms, dangers caused by other persons, log jams or other obstructions, changes of channel flows. Instructor will not provide client such instructional services without the assurance that client understands, accepts and assumes such risks.

ASSUMPTION OF RISK: Client is fully aware and acknowledges the risks of wading involved in fly fishing, as such risks have been specifically and generally described above. In consideration for instructor’s services, client agrees to assume such risks and, in the event of injury, including death, guide shall not be liable or in any way responsible for injuries or damages to client or others, or for medical or other expenses that may be incurred by or on behalf of client. Client further acknowledges that the provisions of this agreement applicable to the risks that client has assumed are conspicuous, as required by Washington law. Injury or death to client could occur from the same or similar risks or events and result in liability claims or lawsuits against instructor, based upon alleged negligence. Accordingly, by signing this agreement on the line provided below, client again acknowledges that he/she has fully read, understood and agreed to this agreement in it’s entirety, and client further specifically acknowledges he/she has read, understood and agreed to the following conspicuous highlighted provisions whereby client has agreed that instructor shall not be liable or in any way responsible for injuries or damages to client or others, including death or for medical or other expenses that may be incurred by or on behalf or client even if caused by guides negligence.

NEGLIGENCE RELEASE: Instructor would not provide such instructional service to client if instructor were to be responsible for injuries, including death or damages to client as a result of the aforementioned conditions, events and risks, which, as described, are not intended to be all inclusive. Even if caused by the instructor’s negligence. Accordingly, in consideration for the services to be provided by the guide, client agrees that instructor shall not be liable to client for injuries, including death or damages of any kind caused by guide’s negligence and client hereby releases instructor from any such liability.  NOTE: Any time a client is near or on the water, there is a chance of accident and therefore for your safety, a US Coast Guard approved flotation device should be worn. Client agrees that notwithstanding the licenser of instructor, persons being instructed for the purpose of fly fishing is not an activity affected with public interest, as that term or concept is expressed in the law of the state of Washington. This agreement shall insure to the benefit of, and binding upon, the parties hereto, and their successors, assigns, insurers, heirs and legal representatives, venue and jurisdiction of any legal action arising from this agreement shall be in Chelan County, WA.

PHOTOGRAPHIC RELEASE: Client acknowledges that Instructor may take photographs during the instructional service. Client hereby releases Instructor to use all such photographs at instructor’s discretion in any of instructor’s promotional material, including the NWFFA Website or its Facebook page, or to send electronically to Client, other NWFFA clients or other individuals of its choosing for promotional purposes.