Liability Waiver and Hold Harmless Agreement
1. In order to be allowed to participate in the Proud Wyoming Woman Retreat - Fly-Fishing component, I represent and agree, as follows:
2. I acknowledge, agree, and affirmatively assert that the activities and services involved in the Proud Wyoming Woman Retreat - Fly-Fishing component are not considered essential services, and
3. I acknowledge that there are inherent dangers associated with the Proud Wyoming Woman Retreat - Fly-Fishing component, which include but are not limited to: a.) Hazards associated with operating boats and being aboard boats, including falling, falling overboard, drowning, and other related injuries; b.) Injuries associated with fishing, fish netting, and other activities which will be conducted as part of the Proud Wyoming Woman Retreat - Fly-Fishing component, and the equipment used during and as part of such activities; c.) Inclement weather conditions, including temperature extremes, and remoteness of location which may render medical attention unavailable during the Proud Wyoming Woman Retreat - Fly-Fishing component in the case of an injury or emergency; and, d.) Other risks which may be associated with the items listed on the attached Physical Activities Sheet.
I understand and acknowledge that such risks cannot be eliminated, and that neither Trout Unlimited, nor any of the other Proud Wyoming Woman Retreat - Fly-Fishing component hosts or sponsors, have the duty, responsibility, or ability to eliminate such risks due to the nature of the activities involved in the Proud Wyoming Woman Retreat - Fly-Fishing component. I knowingly accept and assume all such risks of injury or death that may result from my participation in the Event and its activities, and I accept and assume full responsibility for the same. My participation is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the aforesaid risks.
4. I have familiarized myself with the physical demands required to participate in the Proud Wyoming Woman Retreat - Fly-Fishing component and its activities (including but not limited to those described above, and on the attached Physical Activities Sheet.) I am in sufficiently good physical condition to meet the demands necessary to participate in the Proud Wyoming Woman Retreat - Fly-Fishing component and its activities. I understand that the Proud Wyoming Woman Retreat - Fly-Fishing component will be held on and over water and will involve the use of boats. I will comply with all applicable local, state, federal and/or other laws and regulations applicable to the Proud Wyoming Woman Retreat - Fly-Fishing component, including those regarding personal flotation devices or other required safety gear throughout the duration of the event. I will use common sense to protect my own safety.
5. I have familiarized myself with the Proud Wyoming Woman Retreat - Fly-Fishing component, the manner in which it will be conducted, and the locations in which it will be held. I understand that the activities and locations involved in the Proud Wyoming Woman Retreat - Fly-Fishing component can be inherently dangerous, and I am aware that my participation may result in injuries, including death, or other damages, including to myself or others simply because of the nature of the activities contemplated in the Proud Wyoming Woman Retreat - Fly-Fishing component and not because of the fault of any person. I have considered such risks and dangers, and voluntarily elect to participate in the Proud Wyoming Woman Retreat - Fly-Fishing component and its activities. I acknowledge that I am not required to participate in the Proud Wyoming Woman Retreat - Fly-Fishing component.
6. I hereby forever AGREE TO NOT SUE, TO RELEASE and TO DISCHARGE Trout Unlimited, Inc., Sweetwater County Travel and Tourism, the Proud Wyoming Woman Retreat and those entities’ employees, officers, directors, volunteers, agents, and assigns (hereafter, the “Provider”), from any and all liability, claims, demands, causes of actions whatsoever, whether known or unknown, which stem from the ordinary risks presented by the activities of the Proud Wyoming Woman Retreat - Fly-Fishing component.
I further agree to defend and indemnify the Provider for any loss or damage that results from claims or lawsuits for personal injury, death, property damages or loss, or under any other theory whatsoever, related in any way to my negligence or intentional misconduct in connection with the Proud Wyoming Woman Retreat - Fly-Fishing component.
I agree that being allowed to participate in the Event is fair and ample consideration for this Agreement.
7. It is my express intent that this Agreement shall bind the members of my family and spouse or partner, if I am alive, and my estate, heirs, assigns, personal representative and all others who might seek to claim through me if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND AGREEMENT NOT TO SUE concerning any damages or losses I sustain which stem from the ordinary risks presented by the activities of the Proud Wyoming Woman Retreat - Fly-Fishing component.
8. I agree that this Agreement shall be construed in accordance with the laws of the State of Wyoming, and that any mediation, suit, or other proceeding must be filed or entered into only in the federal or state courts of Wyoming. I agree that any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect upon the enforceability of the Agreement’s remaining provisions.
BY SIGNING THIS DOCUMENT, YOU MAY BE WAIVING YOUR LEGAL RIGHT TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY.
Let it Fly Inc.
In consideration of being allowed to hunt or accompany hunters on the lands leased by the Let It Fly Inc., I hereby release Let It Fly, Green River Livestock CO., Big Sandy Livestock CO., William R. Taliaferro and their officers, agents, employees, and shareholders from all liability for claims by me or arising out of injuries or death to me resulting from my use of Let It Fly. I hereby agree to indemnify and hold harmless Let It Fly, Green River Livestock CO., Big Sandy Livestock CO., William R. Taliaferro and their officers, agents, employees and shareholders from any claims and liability arising out of injuries or death or damage to others or to property resulting from my use for Let It Fly.
Photo and video
By registering for the 2019 Proud Wyoming Women Retreat, you consent to interviews, photography, audio recording, video recording and it's/ their release for publication, exhibition, telecast, webcasts or reproduction to be used for news, promotional purposes, inclusion on websites, or any other purpose by Sweetwater County Joint Travel and Tourism Board SWCJTTB and its affiliates & representatives. you release the SWCJTTB, its officers and employees, and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or of sound recordings.
By participating in the event, you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcastings ,or other publications irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by or the person or entity designed to do so by the SWCJTTB.
You have fully been informed of your consent, waiver of liability, and release before entering the event.