In consideration of being permitted to participate in guided fishing, boating, wading, travel, and related outdoor recreational activities conducted by 7/9ths, LLC d/b/a Rock Creek Anglers (“RCA”), including access to private and public lands and waterways located in the State of Wyoming, the State of Montana, or both (collectively, the “Activities”), I acknowledge, understand, and agree as follows:
I acknowledge that my participation in the Activities involves inherent and unavoidable risks, both known and unknown, foreseeable and unforeseeable, that may result in serious bodily injury, illness, emotional distress, paralysis, death, or damage to property. These risks include, but are not limited to, slipping and falling; uneven or unstable terrain; hazards of traveling in mountainous or remote areas; falling objects; water hazards including falling into water and accidental drowning; cold shock, hypothermia, hyperthermia, heat exhaustion, heat stroke, dehydration, sunburn; sudden and severe weather changes including wind, rain, snow, hail, lightning, and extreme temperatures; turbulent or dangerous river conditions; collision with fixed objects or other watercraft; boat capsize and entrapment; exposure to wildlife, livestock, insects, hazardous plants, and environmental conditions; being impaled by fishing hooks; equipment failure; consumption of food or drink; improper lifting or carrying; accidents occurring on creeks, rivers, reservoirs, bridges, roads, rocks, banks, cliffs, and other natural or man-made hazards whether obvious or hidden; and accidents or illness occurring in remote locations where medical facilities, emergency care, or rescue services may be unavailable or delayed.
I further acknowledge that RCA’s owners, employees, guides, and representatives seek to conduct activities in a safe manner but are not infallible. They may be unaware of a participant’s fitness, experience, or medical condition; may misjudge weather, water, terrain, or environmental conditions; may provide incomplete warnings or instructions; and equipment used during the Activities may malfunction. I understand that these risks cannot be eliminated without fundamentally altering the nature of the Activities, and I voluntarily choose to participate despite these risks.
I expressly and voluntarily assume full responsibility for all risks, both known and unknown, arising out of or related to my participation in the Activities. My participation is entirely voluntary, and I knowingly elect to participate despite the risks.
To the maximum extent permitted by law, I hereby release, waive, discharge, and covenant not to sue RCA, including its owners, officers, directors, shareholders, employees, guides, volunteers, agents, and representatives, and any and all landowners and/or governmental entities whose land or waters are accessed pursuant to any valid lease, license, or permit held by RCA, together with their respective employees, officers, directors, shareholders, and agents (collectively, the “Released Parties”), from any and all claims, demands, causes of action, liabilities, losses, damages, costs, or expenses of any kind, whether known or unknown, arising out of or related to my participation in the Activities or my presence on private or public lands or waters, including claims alleging negligent acts or omissions of any Released Party.
I expressly acknowledge that RCA may arrange or permit access to private lands owned or controlled by landowners who do not supervise, control, or direct the Activities. I hereby indemnify, defend, and hold harmless any and all landowners, their employees, officers, directors, shareholders, and agents from any and all claims, liability, loss, damages, or expense arising out of or related to my access to or use of such private land in connection with RCA’s services, including, without limitation, claims for bodily injury or death to me, my spouse, my children, my family members, guests, heirs, assigns, or any other person asserting a claim through me or on my behalf.
I further agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of or related to my participation in the Activities or my breach of this Agreement.
I acknowledge that the Activities are subject to applicable law, including but not limited to the Wyoming Recreational Safety Act, Wyoming Statutes §§ 1-1-121 through 1-1-123, and applicable Montana recreational and outfitter statutes, including Section 37-47-401, M.C.A., et seq., which limit the liability of outfitters and landowners for injuries or damages resulting from the inherent risks of recreational activities.
I certify that I have adequate health, medical, and liability insurance to cover any injury or damage I may suffer or cause while participating, or that I agree to bear the full cost of such injury or damage myself. I further certify that I am physically and mentally capable of participating in the Activities and accept full responsibility for any medical condition that may affect my ability to safely participate.
If any Released Party is required to incur attorney’s fees or costs to enforce this Agreement, I agree to indemnify and hold such Released Party harmless for all such fees and costs.
Venue and Governing Law. I agree that any legal action arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state courts of the State of Wyoming, unless the Activities giving rise to the claim occurred exclusively in the State of Montana, in which case venue may lie in the appropriate state court of Montana. In all cases, the substantive law of the state where the Activities occurred shall apply, without regard to conflict-of-law principles.
If any provision of this Agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
By agreeing herein, I acknowledge that I have had sufficient opportunity to read and understand this Agreement, that I understand I am waiving substantial legal rights, including the right to sue, and that I voluntarily agree to be bound by its terms.
• ACKNOWLEDGMENT AND ACCEPTANCE OF RISK
By agreeing to this document, I and my party acknowledge that if anyone is hurt or any property is damaged during my participation in this activity, I and may be found by a court of law to have waived my right to maintain a lawsuit against RCA on the basis of any claim from which I have released him or her herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
• PARENT OR GUARDIAN INDEMNIFICATION
In consideration of any minor(s) listed being permitted to participate in the Activities and use Rock Creek Anglers’ equipment and facilities, I agree to indemnify and hold harmless Rock Creek Anglers from any and all claims brought by, or on behalf of, such minor(s), arising out of or related to their participation in the Activities.
• GROUP RESPONSIBILITY
By submitting names and ages of additional participants in my party or group (including minors), I acknowledge and accept responsibility for those individuals and their participation, unless separate agreements are requested and completed individually.
• ASSUMPTION OF RESPONSIBILITY
I acknowledge that by agreeing to these terms, I am accepting personal responsibility for all individuals in my party or group (including minors), unless I have requested and ensured that separate agreements are provided to and executed by each individual participant.
• MARKETING COMMUNICATIONS CONSENT
By providing my email and agreeing to these terms, I consent to being added to Rock Creek Anglers’ marketing email list. I understand that I may unsubscribe from marketing communications at any time using the unsubscribe link provided in such communications.
• SMS COMMUNICATION CONSENT
By providing my phone number and agreeing to these terms, I expressly consent to receive transactional text messages (SMS) from Rock Creek Anglers related to my booking, including payment links, trip details, and logistical updates. SMS messages are not used for marketing or promotional purposes. Message frequency varies based on booking activity. Message and data rates may apply. I understand that I may opt out at any time by replying STOP to any message, and may request assistance by replying HELP or contacting Rock Creek Anglers at flyshop@anglingdestinations.com or 888-WILD-TROUT.
• FINAL ACKNOWLEDGMENT
By affirming this agreement, I acknowledge that I have read this document in its entirety, understand its contents, and voluntarily agree to be bound by its terms.