Terms of Service

        RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

                                                           FLY FISHERS OF DAVIS

I am a person eighteen years of age or older.  I am joining the Fly Fishers of Davis (FFD) and understand that FFD sponsors events such as fly-fishing outings, meetings, picnics, dinners, casting and other clinics, work parties for conservation and related projects, and many other events (individually or collectively, referred to as an “event”).  As an FFD member, I may attend and/or participate in an event, either alone or with others.

Before participating in any event, I will fully acquaint myself with all related risks.  I also acknowledge and EXPRESSLY ASSUME ALL RISK associated with all aspects of an event, and fully understand that the potential exists for serious personal injury, death, and/or property damage.  I accept all risk associated with the event, with full knowledge of that potential, and further understand that an event and the sport of fly-fishing can be physically challenging and demanding.

I may also be a parent and/or guardian of one or more minors from my immediate family who may be in my company, and as to whom I have agreed to assume full responsibility for their conduct and safety.

With full and complete knowledge of the nature and scope of the associated risks, on behalf of myself and any minors and our respective heirs, legatees, executors, administrators and assigns, I hereby voluntarily release, discharge, waive and relinquish any and all actions, claims or causes of action for personal injury, death, property damage or other liability or any sort or nature against FFD, or any of its officers, directors, or agents in their capacity as such which arise out of or in any way related, directly or indirectly, to an event.

I further hereby agree to DEFEND, INDEMNIFY AND HOLD HARMLESS FFD and any its officers, directors, and agents in their capacity as such from any loss, liability or cost they may incur and which arises out of, or is in any way related, directly or indirectly, to my breach of any of the terms of this agreement, or to the acts of any non-member, whom I may invite to an event, and accompanies me to an event, and which are related to the event.

I further understand the provisions of California Civil Code Section 1542, and voluntarily waive its provisions, so that this agreement applies to all claims, whether known, unknown, or liquidated or contingent, or actual or potential.  Section 1542 reads as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially have affected his settlement with the debtor.”

I HAVE READ AND VOLUNTARILY SIGN THIS AGREEMENT, AND I ACKNOWLEDGE THE SIGNIFICANCE OF IT.  I UNDERSTAND THAT I HAVE THE RIGHT TO HAVE THIS AGREEMENT REVIEWED BY AN ATTORNEY BEFORE I SIGN IT, IF I WISH.  I AGREE THAT NO RELATED ORAL OR WRITTEN REPRESENTATIONS, STATEMENTS OR INDUCMENTS HAVE BEEN MADE TO ME, WHICH ARE NOT SET FORTH IN THIS AGREEMENT.