I acknowledge that participation in any recreational activities associated with Baxstar Fishing LLC including but not limited to entering and exiting the boat or pontoon, riding in the boat or pontoon, riding on tubes, waterskis, kneeboards, wakeboards and wakesurfboards being pulled by the boat or pontoon, and fishing from the boat or pontoon may test a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by fluctuating water levels, natural conditions, water current, terrain, temperature, weather, condition of the participants, equipment, actions of other people, including but not limited to participants, fishing guides, boaters on the water not affiliated with Baxstar Fishing LLC, and lack of hydration. These risks are not only inherent to participants, but are also present for the fishing guide or hired driver of the pontoon or boat. I hereby assume any and all risks of participating and/or volunteering in these activities. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I certify that I am physically fit and have not been advised otherwise by a qualified medical person that I cannot participate.
In consideration of my application and permitting me to participate in recreational activities associated with Baxstar Fishing LLC, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, release and discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me or my traveling to and from facilities or points of access, Baxstar Fishing LLC and its fishing guide or hired driver of the pontoon or boat. (B) Indemnify and hold harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my or any actions during my participation in any recreational activities. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident and/or illness during this event. I understand that at this event or related activities I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers and/or assigns. The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.