In consideration of the privilege granted me to participate in the
Project Healing Waters Fly Fishing, Inc. (“PHWFF”) programs (the
“Programs”) as hosted by PHWFF and/or local affiliates thereof (collectively
with PHWFF, the “Organizations”), I, the undersigned, in acknowledgment
that I am doing so entirely upon my own initiative, risk and responsibility, do
hereby, for myself, my heirs, executors, and administrators, agree to remise,
fully release, hold harmless, and forever discharge the Organizations and each
of their officers, directors, employees and volunteers, acting officially or
otherwise, jointly and severally (collectively, the “Releasees”) from
any and all claims, demands, actions or causes of actions, on account of my
death or on account of any injury to me or my property while participating, or
as a result of my participation, in the Programs.
I fully understand that injury may occur from any cause
whatsoever, including, without limitation, the inherent risks and dangers
involved in fly fishing (particularly while wading or boating), the negligence
of any Releasee, the risk of exposure to the novel coronavirus or any evolution
thereof (“Covid-19”) or the consumption of alcohol by me or others. The
ability to participate in the Programs is of such value to me that I hereby
choose to accept the foregoing risks, including serious and potentially life
threatening injury or illness, long-term disability, and even death, in order
to participate in the Programs. I further understand that any failure by me to
comply with the Organizations’ guidelines, procedures, and protocols, in
general and with respect to safety guidelines and/or COVID-19 protocols may
result in my immediate expulsion from the Programs.
MEDICAL CARE: In the event of injury to me
while participating in the Programs, I hereby authorize any of the Releasees to
seek on my behalf any necessary medical attention.
Covid-19: I hereby agree, represent, and
warrant that I will not participate in the Programs if I (i) experience
symptoms of COVID-19, including, without limitation, fever, cough, loss of
smell or taste, or shortness of breath, (ii) have a suspected or
diagnosed/confirmed case of COVID-19, or (iii) have been exposed to any person
who has a suspected or confirmed case of COVID-19. I agree to notify the
relevant Program immediately if I believe that any of the foregoing access/use
restrictions may apply within 72 hours of my participation in any Program.
In addition, I acknowledge and agree that I understand and will follow
each Program’s COVID-19 procedures, and further that the Program may revise its
procedures at any time based on updated recommended guidance and protocols
issued by the governmental and public health agencies and further agree that I
will comply with such revised procedures. I acknowledge and agree that, due to
the nature of the Programs, social distancing of 6 feet per person may not
always be possible. I fully understand
and appreciate and acknowledge that my participation may, despite the
Organizations’ reasonable efforts to mitigate such dangers, result in exposure
to COVID-19.
COMPLIANCE WITH VA AND VAVS:
I understand that the Programs are being conducted in collaboration with
the U.S. Department of Veterans Affairs (the “VA”) and the U.S. Department of
Veterans Affairs Voluntary Service (the “VAVS”); or with the Department of
Defense (the “DOD”). I agree to abide by, and act in accordance with, all
applicable VA and VAVS or DOD rules, regulations or orders and all instructions
or directions from the VA, VAVS or DOD and its affiliated agencies or their
staff relating to my involvement in the Programs.
ASSUMPTION OF RISK AND WAIVER OF LIABILITY: I have read and fully understand the consequences of this Release
Agreement, including that
I give up my right to bring any claims
against Releasees including for personal injuries, death, disease, quarantine,
property losses, or any other loss, and give up any right I may have to seek
damages, whether known or unknown, foreseen or unforeseen. I further attest that I am over 18
years of age and possess the capacity to enter into this Release Agreement.
SEVERABILITY: If any term or other provision
of this Release Agreement is determined by a court of competent jurisdiction to
be invalid, illegal or incapable of being enforced by any rule of law or public
policy, all other terms, provisions and conditions of this Release Agreement
shall nevertheless remain in full force and effect.