Fly-fishing is an activity intended to challenge and engage the physical, mental and emotional resources of each participant. However, despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a risk of serious injury. Understandably, not all hazards and dangers can be foreseen. Risks attendant to fly-fishing include, but are not limited to, water hazards in boating and wading in rivers, bays or oceans, including drowning; being struck by lightning; slipping on wet surfaces; slip and falls; injuries from fishing equipment and other participants; encounters with wildlife, animals and insects, temperature extremes.; sunburn and dehydration; inclement weather conditions or unavailability of immediate medical attention in case of injury. By accepting the charges for your trip or lesson, you agree to this waiver and release when booking your trips with Sylvestre Outdoors, LLC.
In consideration of the opportunity to participate in the activities coordinated with Sylvestre Outdoors, and as a condition of my participation, and intending to be legally bound, I hereby agree to the following:
Waiver and Release of Liability and Indemnification:
I recognize and acknowledge that there are certain risks of physical injury as a result of participation in fly fishing, and I voluntarily, knowingly, and freely agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I may sustain as a result of said participation. I acknowledge that I have had the opportunity to discuss these risks with Sylvestre Outdoors, LLC. I understand that these activities may require good physical conditioning and a degree of skill and knowledge, and I believe that I have the necessary degree of physical conditioning, skill and knowledge to participate herein. I agree that my participation in the activities is voluntary, and I am using the services provided by Sylvestre Outdoors, LLC freely and with full knowledge of the inherent risks, dangers and hazards involved and hereby assume and accept any and all risks of injury, paralysis or death.
I, myself, or as a parent or guardian of any accompanying minor, and on behalf of and my heirs, successors, executors, assigns, personal representatives and next of kin, hereby expressly, knowingly and intentionally agree to waive and relinquish all claims I may have (or accrue to me) as a result of participating in the activities provided by Sylvestre Outdoors, LLC and indemnify and hold harmless Sylvestre Outdoors, LLC including its officers, agents, directors, contractors and employees (the “Releasees”), even if arising from the action, inaction or negligence of the Releasees, and to indemnify and hold harmless the Releasees from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, negligence of any kind or nature, whether foreseen or unforeseen, arising indirectly or directly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals, or equipment, whether such damage, loss, injury paralysis, or death results from negligence of my chosen/assigned guide/outfitter, or from some other cause. I, for myself, my heirs, my successors, executors and subrogates, further agree not to sue any entity, business, employee, guide, volunteer or outfitter associated with my activity/trip. Injury, paralysis, or death suffered in connection with my use and participation in the activities of this outfitter/guide/company is solely my responsibility. I will be solely responsible for any and all medical and related bills that I may incur because of any injury, and costs related to loss or damage to my property, that I may sustain as a result of my participation in the activities, including those sustained while I am traveling to and from such premises, and regardless of the location or mode of transportation. This Waiver and Release Agreement shall be binding on my estate, heirs, executors, administrators, successors and assigns, and any other party asserting a Claim on my behalf or on behalf of my estate.
COVID-19 STATEMENT: In light of the global COVID-19 pandemic, Sylvestre Outdoors, LLC is taking all possible precautions and will continue to follow local and state regulations. You understand and acknowledge that there may be a risk of exposure while participating in this voluntary activity and unconditionally release and hold harmless Sylvestre Outdoors, LLC for any matters related to COVID-19.
General Provisions:
I acknowledge that, in signing this Waiver and Release Agreement, I am voluntarily and knowingly assuming all risk of injury and/or loss of personal property, as between the Releasees and me, as set out above, in connection with my participation in the League. I hereby expressly agree that (1) this Waiver and Release Agreement shall be governed and construed according to the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions; (2) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Commonwealth of Massachusetts, and (3) any action or proceeding concerning any claim or the meaning or effect of any provision of the Agreement hereunder shall be conducted only in the federal or state courts located in Massachusetts, and for such purposes, I expressly submit to the jurisdiction of such courts. I hereby expressly agree that if any portion of this Waiver and Release Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
I warrant that I have read carefully, and clearly understand this Waiver and Release Agreement and that my signature hereto involves my waiver and release of significant rights, and my assumption of significant risk by in participating in the activities with Sylvestre Outdoors, and I am signing freely and voluntarily without any inducement.
Photo Release:
Sylvestre Outdoors, LLC reserves the right to use any photograph/video taken during any services or activities provided, or sponsored by Sylvestre Outdoors, LLC and your signature below indicates your express consent to allow such photograph or video to be used in publications, media material, brochures, websites, etc. Images will not be identified using full names or personal identifying information without written approval from you (or, in the case of any minor, a legal guardian).
I further hereby authorize and consent to the use and reproduction by Sylvestre Outdoors, LLC of photographs and or video content taken of me, or my minor children during club activities. Any photographs or video content may be used for such things as, but not limited to; the Sylvestre Outdoors, LLC newsletter, website, promotional or educational materials.
