Guided Fishing Tour Waiver

PLEASE READ CAREFULLY BEFORE RESERVING A FISHING TRIP 

This is a release of liability and waiver of certain legal rights 

In consideration for me and others I bring and permit to participate in the activities of FISHING, I agree to the following Waiver and Release: 

I acknowledge that FISHING has inherent risks, hazards, and dangers for everyone, that cannot be eliminated, particularly in a wilderness environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION. 

 1. Water hazards on the lake including falling, slipping, or drowning; 

2. Injuries from fishing equipment and other participants; 

3. Encounters with wildlife and warmer weather conditions; 

4. Inclement weather conditions and unavailability of immediate medical attention in the wilderness in case of injury. 

 I understand the risks, hazards, and dangers of fishing. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe that I have good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF Daniel Goykhman WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH. 

Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby 

KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY, AND HOLD HARMLESS Daniel Goykhman from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees).

NEGLIGENCE of any kind of nature whether foreseen or unforeseen, arising directly or indirectly 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 or equipment, whether such damage, loss, injury, paralysis, or death result from the negligence of FISHING or from some other cause. I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue Daniel Goykhman as a result of any injury, paralysis, or death suffered in connection with this Ice Fishing Trip. 

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THE WAIVER AND RELEASE PRESENTED BY THE FISHING GUIDE 

Electronic Signature Disclaimer. Electronic signatures are void where prohibited by law. The United States Electronic Signatures in Global and National Commerce Act (the “Act”) and the Uniform Electronic Transactions Act (“UETA”), as enacted by several states, preserve the legal effect, validity, and enforceability of signatures and contracts relating to electronic transactions and electronic signatures used in the formation of certain electronic contracts. However, as further described in the Act and in UETA, neither apply to certain contracts and records governed by statutes and regulations such as those related to probate and domestic law matters; state commercial law; consumer law covering utility services, real property defaults, and foreclosures, and insurance benefits; product recall notices; and hazardous materials papers.

LICENSOR MAKES NO REPRESENTATION OR WARRANTY REGARDING: (1) THE APPLICABILITY OF EITHER THE ACT OR UETA OR ANY EXCEPTION THERETO IN LICENSEE’s STATE OF RESIDENCE TO THE SERVICE; AND (2) WHETHER THE SERVICE COMPLIES WITH EITHER ACT. LICENSEE IS SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE ACT, UETA, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS IN LICENSEE’s STATE OF RESIDENCE. FURTHER, THE SERVICE MAY ONLY BE USED WITH RESPECT TO PROPERTY AND CASUALTY INSURANCE PRODUCTS AND SERVICES AND MAY NOT BE USED FOR ANY ACCIDENT AND HEALTH, ANNUITY, OR LIFE INSURANCE PRODUCTS AND SERVICES. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED HEREUNDER, PROVIDED BY THE LICENSOR OR ITS THIRD-PARTY DATA PROVIDERS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

I hereby grant Dan Goykhman permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web- based publications, without payment or other consideration.

I understand and agree that all photos will become the property of Dan Goykhman and will not be returned.

I hereby irrevocably authorize Dan Goykhman to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

I hereby hold harmless, release, and forever discharge Dan Goykhman from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. I ACCEPT: