liability waiver
Please read and acknowledge the accident waiver and release of liability form below.
Asdal Restorations, llc
DBA: Shannon’s Private Waters
267 Main Street
Chester, NJ, 07930
Asdal Restorations, llc DBA Shannon’s Private Waters FISHING AGREEMENT
EXPRESS ASSUMPTION OF RISK AND WARNINGS
I understand and acknowledge that Fly Fishing is a dangerous activity that entails inherent risk of injury.
By participating in this activity and signing this agreement: I ACKNOWLEDGE AND ACCEPT THAT I MAY SUFFER SERIOUS, IF NOT FATAL, INJURIES as a result. I admit that my participation is completely voluntary.
Please read carefully before signing.
This Agreement contains a release of liability and waiver of certain legal rights.
In consideration for my being permitted to participate in the activities of Fly Fishing/Instruction, Asdal Restorations, LLC, its representatives, agents, officers, directors, servants, employees and volunteers (collectively referred to as “Shannon’s Private Waters”) and I agree as follows:
I understand and agree that I will report any injury to myself, to another patron, or to a piece of equipment to Shannon’s Private Waters immediately. I understand that I must report in writing to Shannon’s Private Waters all the details of any accident as soon as possible, but in no event longer than 30 days from the time of the incident.
I understand and acknowledge that fly fishing has inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a wilderness environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
1. Water hazards in boating and wading in the rivers including drowning;
2. Hiking in rugged country;
3. Injuries from fishing equipment and other participants;
4. Encounters with wildlife, animals, and insects;
5. Temperature extremes;
6. Inclement weather conditions and unavailability of immediate medical attention in the outdoors in case of injury.
WARNINGS RELATING TO FLY FISHING. FLY FISHING IS A DANGEROUS ACTIVITY. The undersigned agrees and understands the risks, hazards and dangers of fly fishing and has had the opportunity to discuss them with Shannon’s Private Waters. Shannon’s Private Waters does not make any guarantees or representations as to the safety of the fishing area, equipment, gear and/or navigational aids. I understand that encounters with wildlife are highly probable. I understand that I could fall into the water and come into violent contact with rocks or other objects and/or drown. I understand that any gear and equipment provided by Shannon’s Private Waters are not designed to protect or guide me. I understand that fly fishing activities may require good physical conditioning and a degree of skill and knowledge. I believe that I have that 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 for my health and physical condition and that it is possible that I might not receive medical attention for extended periods of time if I am to become injured in the wilderness or on a boat, and that medical care will not be immediately available to treat any pre-existing health conditions. I understand that it is possible that I might become lost and without cellular phone service to make calls or send messages. Nonetheless, I wish to participate in this activity and agree to these terms as a condition of my participation. I AGREE it is my sole responsibility to view the fishing area conditions, gear and equipment BEFORE I participate and to not participate if the gear, equipment, area or adjacent areas or conditions are not to my satisfaction. My participation in this activity is purely voluntary and I have had ample time to read and review this Agreement. No one is forcing me to participate, and I elect to participate in spite of the risks.
RELEASE, INDEMNITY AND ASSUMPTION OF RISKS OF SPORT. I understand and EXPRESSLY AGREE that fly fishing is an inherently hazardous sport that has many dangers and risks. I AM VOLUNTARILY USING THE SERVICES & FACILITIES OF SHANNON’S PRIVATE WATERS WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND AS A CONDITION OF BEING PERMITTED TO USE ANY AND ALL OF THE SERVICES OF SHANNON’S PRIVATE WATERS, I HEREBY AGREE TO EXPRESSLY ASSUME ALL RISKS OF PERSONAL INJURY, DEATH OR LOSS OR DAMAGE TO ANY OF MY PROPERTY AND FULLY RELEASE SHANNON’S PRIVATE WATERS to the greatest extent permitted by law FROM ANY AND ALL LIABILITY for personal injury, death or property damage arising out of or resulting from my participation in this sport and/or use of Shannon’s Private Waters facilities. I further release Shannon’s Private Waters, (and others: Asdal Restorations, llc, Asdal Holdings, llc, Riamede Farm, llc, Keith & Kathleen Devine, and Black Oak Golf Club) from any and all claims related to (1) the inherent risks of the sport; (2) changes in weather conditions; and (3) water hazards associated with this sport. Lastly, I, for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY DEFEND, INDEMNIFY AND HOLD HARMLESS Shannon’s Private Waters, (and others listed: Asdal Restorations, llc, Asdal Holdings, llc, Riamede Farm, llc, Keith & Kathleen Devine, and Black Oak Golf Club from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney)s’ 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, transportation, or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of Shannon’s Private Waters and others listed or from some other cause. I, for myself, my heirs, my successors, executors, and subrogees, further agree not to sue Shannon’s Private Waters as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activity of fly fishing.
ON BEHALF OF MINORS. If I have signed this agreement on behalf of the minor listed, I represent to Shannon’s Private Waters and others that I have the authority to enter into this contract on behalf of said MINOR and on behalf of any other parent or guardian of said MINOR. To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS Shannon’s Private Waters and others listed from any and all claims, suits, costs and expenses including attorneys’ fees for personal injury, death or property damage from and/or on behalf of said minor, even after the minor has attained majority, and/or claims from injured third parties arising out of or resulting from said minor’s conduct or related to the use of the Shannon’s Private Waters transportation, gear, supplies or equipment. This promise to indemnify and defend Shannon’s Private Waters (and others listed) is made even if the claim, suit, cost and expenses including attorneys’ fees are alleged to have resulted from Shannon’s Private Waters’s negligence in whole or in part.
CHOICE OF VENUE-HUNTERDON COUNTY. I AGREE that any and all disputes between myself and Shannon’s Private Waters and others listed arising from my participation in the sport of fly fishing shall be GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY and the EXCLUSIVE JURISDICTION thereof will be in the state or federal courts of the STATE OF NEW JERSEY and venue in the state Court shall be HUNTERDON COUNTY, NEW JERSEY.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND THE TERMS OF THIS AGREEMENT. IN CONSIDERATION OF MY USE OF SHANNON’S PRIVATE WATERS’S SERVICES AND EQUIPMENT, I EXPRESSLY AGREE TO THE TERMS OF THIS AGREEMENT AND VOLUNTARILY SIGN THIS WAIVER, RELEASE, INDEMNITY AND ASSUMPTION OF RISKS AGREEMENT.
If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.