Liability Waiver

USE, ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY, AND WAIVER OF CERTAIN LEGAL RIGHTS

BETWEEN GEAR HAUS UNLIMITED LLC, A VERMONT CORPORATION, DBA FLY HAUS WITH ITS PRINCIPAL OFFICES AT 31 MEMORIAL AVE, MANCHESTER CENTER, VERMONT 05255. IN CONSIDERATION FOR MY BEING PERMITTED TO PARTICIPATE IN GUIDED FLY FISHING WITH FLY HAUS, I ASSUME THE RISK OF PERSONAL INJURY AND PROPERTY DAMAGE ASSOCIATED WITH THIS ACTIVITY, AND TO RELEASE FLY HAUS FROM ANY AND ALL LIABILITY IN CONNECTION WITH PARTICIPATION IN THE ACTIVITY OF GUIDED FLY FISHING.

I agree to the following Waiver and Release: I am aware that I am being GUIDED AND TRANSPORTED by a Guide, contracted or employed by FLY HAUS. I acknowledge that fly fishing involves inherent risks, hazards and dangers associated with all outdoor activities in backcountry, wilderness and mountainous areas that cannot be eliminated.

I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

• Water hazards and wading in the rivers including drowning;
• Hiking in rugged country;
• Injuries from fishing equipment and other participants;
• Encounters with wildlife, animals, and insects;
• Temperature extremes, inclement weather conditions, and unavailability of immediate medical attention in the wilderness in case of injury;
• Dehydration, altitude sickness/other issues associated with high altitude;
• Risks associated with driving, to/from fishing destination(s)

I understand that no guide service can guarantee absolute safety in wilderness environments, and I agree to assume responsibility for my own safety. I understand that I assume all responsibility for any negligence.  I affirm that my general health is good and that I am not under a doctor’s care for any condition that might endanger the life or health of myself or others participating in this outdoor activity. 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 FLY HAUS 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.

I expressly assume the risks of personal injury, death and property damage set forth above and waive any claims based on negligence or breach of warranty I might assert on my own behalf against GEAR HAUS UNLIMITED LLC, DBA FLY HAUS. its officers, directors, employees and agents for personal injuries, death and/or property damage sustained while participating in guided fly fishing with FLY HAUS.

GEAR HAUS UNLIMITED LLC, DBA FLY HAUS reserves the right to use any photograph/video taken during a Adventure Travel or Guide Trip or Event sponsored by FLY HAUS, without the expressed written permission of those included within the photograph/video. FLY HAUS may use the photograph/video in publications or other media material produced, used or contracted by FLY HAUS including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian. A person attending a FLY HAUS trip/event who does not wish to have their image recorded for distribution should make their wishes known to the photographer, and/or the event organizers, and/or contact FLY HAUS at 31 Memorial Ave. Manchester Center, VT 05255, in writing of his/her intentions and include a photograph. FLY HAUS will use the photo for identification purposes and will hold it in confidence. By participating in a FLY HAUS trip/event or by failing to notify FLY HAUS, in writing, your desire to not have your photograph used by FLY HAUS, you are agreeing to release, defend, hold harmless and indemnify FLY HAUS from any and all claims involving the use of your picture or likeness. Any person or organization not affiliated with FLY HAUS may not use, copy, alter or modify FLY HAUS photographs, graphics, videography or other, similar reproductions or recordings without the advance written permission of an authorized designee from FLY HAUS.

Lastly, I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS FLY HAUS, their directors, officers, agents, employees, and volunteers 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 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, animals or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of FLY HAUS or from some other cause.  I, for myself, my heirs, my successors, executors, and subrogates, further agree not to sue FLY HAUS as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of FLY HAUS.

I ACKNOWLEDGE I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this agreement on behalf of myself (and/or my minor children). My signature on this document indicates that I have read the entire document, understand it completely and agree to be bound by its terms.

Cancellation and Refund Policy: Guests may cancel their trip up to 14 days pre-scheduled trip departure time without penalty. Trips that depart the FLY HAUS Shop are non-refundable.