Agreement, Waiver and Release of Liability for damage of personal property and injury while participating in Take a Warrior Fishing, Inc fishing events and activities.
This is a FISHING (Events/Activities) and Equipment Use Agreement between Take a Warrior Fishing, Inc, herein call “TAWF” and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify TAWF and its employees, subcontractors, volunteers and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s Boats or Equipment while participating in TAWF Events/Activities.
By signing this document, USER acknowledges that he/she specifically understands he/she is releasing, discharging and waiving any claims or actions that he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the employees, subcontractors or agents of TAWF while participating in TAWF Events/Activities.
- USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while participating in TAWF Events/Activities, including but not limited to maintaining a proper Fishing License. USER is solely responsible for any citation or violation occurring during TAWF Events/Activities. USER agrees not to disturb wildlife while participating in TAWF Events/Activities.
- USER represents that he/she is capable of safely operating and handling the USER’s provided Equipment and finds it in good working order, condition, and repair. USER represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
- BOAT OWNER ONLY - USER shall have proper insurance coverage of USER provided Boats and shall bear all risk and responsibility of and for any and all damage to USER provided Boats and/or Equipment.
RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of Boats and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) SHALL BE IN GOOD/WORKING CONDITION AND SHALL BE WORN AT ALL TIMES WHILE PARTICIPATING IN TAWF Events/Activities. USER understands that use of such Safety Equipment does not remove all risks of injury. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to “, including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: USER hereby releases TAWF, its employees, subcontractors, volunteers, and agents from liability for negligence and HOLDS HARMLESS TAWF its employees, subcontractors, volunteers, and agents from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring while participating in TAWF Events/Activities.
This agreement constitutes the entire agreement between TAWF and USER with regard to participation in TAWF Events/Activities and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by TAWF to USER, except as contained herein, and TAWF shall not be liable for any loss or injury to USER nor to anyone else, of any kind or however caused. This agreement is one of bailment only and USER is not a TAWF agent while participating in TAWF Events/Activities. The laws of the State of North Carolina shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT DISQUALIFICATION.
By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.