Acknowledgment of Participant Responsibility, Express Assumption of Risk, and Release of Liability
I understand that during my participation in this Electrofishing Course, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in each Course and cannot be eliminated without destroying the unique character of the Course. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (“Injuries and Damages”) from exposure to the hazards of travel and Smith-Root, Inc. (SRI) has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, course members, course instructors and assistants or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved in Electrofishing such as Electrical hazards or drowning and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that on this Course there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed.
In consideration for my acceptance as a participant on this Course, and the services and amenities to be provided by SRI in connection with the Course, I confirm my understanding that:
- I have read any rules and conditions applicable to the Course made available to me; I will pay any costs and fees for the Course; and I acknowledge my participation is at the discretion of the leader.
- The Course officially begins and ends at the location(s) designated by SRI. The Course does not include carpooling, transportation, or transit to and from the Course, and I am personally responsible for all risks associated with this travel. This does not apply to transportation provided by SRI during the Course.
- If I decide to leave early and not to complete the Course as planned, I assume all risks inherent in my decision to leave and waive all liability against SRI arising from that decision. Likewise, if the leader has concluded the Course, and I decide to go forward without the leader, I assume all risks inherent in my decision to go forward and waive all liability against SRI arising from that decision.
- This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
- To the fullest extent allowed by law, I agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY SRI, its officers, directors, employees, agents, and instructors from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by negligence of SRI its officers, directors, employees, agents, and instructors, in any way connected with this Course. I further agree to HOLD HARMLESS SRI, its officers, directors, employees, agents, and instructors from any claims, damages, injuries or losses caused by my own negligence while a participant on the Course. I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns.