I acknowledge that participation in recreational activities offered by Baxstar Fishing LLC (“Company”) involves inherent and significant risks of injury, illness, property damage, disability, or death.
These activities include, but are not limited to:
Entering and exiting boats, pontoons, trailers, docks, and launch areas
Riding in or operating boats or pontoons
Being towed or pulled by watercraft (including but not limited to tubes, waterskis, kneeboards, wakeboards, wakesurfboards)
Fishing from boats or pontoons
Entering, exiting, walking, driving, or otherwise traveling on frozen lake ice
Entering, exiting, occupying, or staying overnight in fish houses located on frozen lake ice
Driving personal or Company vehicles onto frozen lake ice
Exposure to extreme heat, cold, wind, storms, lightning, rough water, moving ice, pressure ridges, cracks, open water, or rapidly changing ice conditions
Use of fishing equipment, heaters, generators, propane systems, electrical systems, electronics, augers, and other equipment
Travel to and from any activity location
I understand these risks may result from, among other things:
Changing water and ice conditions
Fluctuating water levels and currents
Submerged objects or unseen hazards
Weather conditions
Hypothermia, frostbite, heat exhaustion, heat stroke, dehydration
Slips, falls, collisions, capsizing, falling through ice
Equipment malfunction or failure
Acts or omissions of other participants, boaters, drivers, guests, or third parties
The negligence of Baxstar Fishing LLC, its owners, members, employees, contractors, guides, agents, representatives, sponsors, or affiliates
I fully understand that these risks are inherent to outdoor recreational activities and cannot be eliminated without fundamentally altering the nature of the activities.
ASSUMPTION OF RISK
I voluntarily and knowingly assume all risks, both known and unknown, even if arising from the negligence of Baxstar Fishing LLC or others released below.
I acknowledge that ice conditions are unpredictable and that no representation or guarantee is made regarding ice thickness or safety.
I understand that I am responsible for my own safety and decisions while participating.
RELEASE OF LIABILITY
In consideration of being permitted to participate, I, for myself and for my heirs, executors, administrators, personal representatives, successors, and assigns, hereby:
Waive, release, and discharge Baxstar Fishing LLC and its owners, members, employees, independent contractors, guides, drivers, agents, affiliates, sponsors, and representatives from any and all claims, demands, causes of action, or liability for injury, death, disability, property damage, or loss arising out of or related to my participation — INCLUDING CLAIMS ARISING FROM NEGLIGENCE.
This release includes claims arising from:
Equipment failure
Premises liability
Vehicle operation
Ice conditions
Failure to supervise
Failure to warn
To the fullest extent permitted by Minnesota law.
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Baxstar Fishing LLC and the released parties from any claims, liabilities, damages, costs, or attorney fees arising from:
My participation
My negligence
My violation of instructions or laws
Damage I cause to property or injury I cause to others
MEDICAL FITNESS AND CONSENT
I certify that I am physically and mentally capable of participating.
I have not been advised by a medical professional to refrain from such activities.
I consent to emergency medical treatment if deemed necessary.
I understand I am responsible for all medical costs incurred.
PERSONAL RESPONSIBILITY
I agree:
To follow all safety instructions
To use equipment properly
Not to participate under the influence of drugs or alcohol (unless explicitly permitted by law and the Company)
To supervise any minors in my care
MINORS
If signing on behalf of a minor, I represent that I am the parent or legal guardian and agree to release, indemnify, and hold harmless Baxstar Fishing LLC on behalf of the minor.
PHOTO AND MEDIA RELEASE
I grant Baxstar Fishing LLC permission to use photographs, video, or likenesses of me for marketing, advertising, promotional, or lawful purposes without compensation.
SEVERABILITY
If any portion of this agreement is held invalid, the remaining portions shall remain in full force and effect.
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Minnesota.
Any legal action shall be brought exclusively in a court of competent jurisdiction located in Minnesota.