Waiver Form Mac Brown Fly Fish Waiver Form
WAIVER FORM & USER PARTICIPATION AGREEMENT
In consideration of Mac Brown Fly Fish furnishing services and/or equipment to enable me to participate in fly fishing activities. We/I fully understand and acknowledge that outdoor recreational fly fishing activities have. Firstly, inherent risks, dangers, and hazards and such exists in my participation in outdoor activities. Secondly, participation in such activities and /or use of such equipment may result in injury or illness. Including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death. Any types of ailments that could cause serious disability. Thirdly, these risks may be caused by the negligence of the employees, and/or volunteers of Mac Brown Fly Fish. This includes the negligence of the participants. Negligence of others, accidents, breaches of contract, the forces of nature, or other causes.
Risks and dangers may arise from foreseeable or unforeseeable causes. Including, but not limited to, decision making, misjudged terrain, weather, route location, and elevation level. Others include risks of hypothermia, hazards, and dangers that are integral to recreational activities. Fly Fishing takes place in a wilderness, outdoor, or recreational environment. Fourthly, my participation in these activities and/or use of equipment. I hereby assume all risks and dangers and all responsibility for any losses and/or damages. Regardless of whether caused in whole or in part by the negligence or other conduct of the employees, officers, volunteers, or agents of Mac Brown Fly Fish.
EXPRESS ASSUMPTION OF RISK FOR WAIVER FORM
I, on behalf of myself, my personal representatives, and my heirs hereby. Voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Mac Brown Fly Fish. Its officers, employees, volunteers, and agents from any and all claims. Including actions or losses for bodily injury, property damage, wrongful death, loss of services. Whatsoever may arise out of my use of recreational equipment. I specifically understand that I am releasing, discharging, and waiving any claims or actions. Which I may have presently or in the future for the negligent acts or other conduct. This applies to the officers, employees, volunteers, or agents of Mac Brown Fly Fish. In the event of any dispute that may arise out of this agreement or otherwise between the parties. The venue in which Mac Brown Fly Fish is a party shall be entered into in the County of Swain, North Carolina.
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
COVID-19 SAFETY INFORMATION
While participating in events held or sponsored by MBFF, consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, MBFF has put in place preventative measures to reduce the spread of COVID-19. However, MBFF cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in ACS events and/or other face-to-face fundraising activities. By attending an ACS event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
RELEASE OF LIABILITY
As a parent or legal guardian of a participant under 18 years of age, I have read and voluntarily agreed that said minor may participate in this activity, and I sign this release on their behalf. In addition, I give Mac Brown Fly Fish, its officers, agents, volunteers, and employees permission to treat said minor in case of illness, injury, emergency, or accident. In the event, should emergency medical services become necessary for the undersigned participant? These expenses are the sole responsibility of the participants and not those of Mac Brown Fly Fish.
In addition, I further understand that Mac Brown Fly Fish may use any image or likeness of me for their promotional or other business purposes. I waive any right to my likeness or image recorded during or contemporaneously with my outing with Mac Brown Fly Fish.
READ BEFORE SIGNING – ALL PARTICIPANTS DO SO VOLUNTARILY
Mac Brown Fly Fish reserves the right to accept or deny service to any person. I hereby agree to follow all rules, regulations, and instructions of Mac Brown Fly Fish staff. Accordingly, I agree and am aware that as a condition of being allowed to participate in the activities of Mac Brown Fly Fish. For example, we/I will not consume any alcoholic beverages or other substances. For instance, but not limited to any drugs or medication which would impair my senses. This includes before or while participating in any recreational activities. I hereby agree to wear all safety equipment provided during the recreational activity. In summary, this waiver certifies that I and any minor on whose behalf I am signing are physically and mentally capable of participating in these activities.
We/I HAVE READ THE WAIVER AND RELEASE AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE MAC BROWN FLY FISH FROM LIABILITY. FOR ACTIONS OF PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
This is a release of liability. Do not sign this release if you do not understand or do not agree with its terms.