FISHING PARTICIPANT CONTRACT

This agreement, entered between Guiding Eyes Outdoors, Inc., its states chapters (affiliates) – (hereinafter referred to simply as GEO) or its delegated charter service and the endorsed sportsman (herein referred to as guest or attendee) sets out all aspects of the complete agreement between the parties and reflects the final agreement concerning the services to be performed and goods provided by GEO as well as respective rights and duties of the parties. The final resolution of all previous discussions and negotiations is set forth below, and there are no implied terms to this agreement other than those expressly set forth herein. You are receiving a “fair chase” fishing trip. A minimum donation of $35 is required before the event. As such, this contract or any articles herein do not guarantee or promise the below undersigned the catching or legal harvest of any fish. GEO will make every attempt possible, following all laws and regulations, for the guest to successfully catch and/or harvest the target species.

Fishing Area: To be determined based on individual events and will be provided in the event description.

The following service and equipment provided by GEO will be tailored by GEO to meet the needs of the specific trip. Attempts to meet all your needs will be made but are not guaranteed. Weather and other fishing conditions may vary and require last-minute adjustments or cancellations.  The safety of our guests is our paramount concern and drives our decision-making process.  Notifications will be provided as soon as practical following the decision-making process.

FACILITIES AND SERVICES PROVIDED:

Facilities and Services will vary based on trip and trip location.  The following will be provided, at a minimum:

Single Day Trips

    • Transportation – Will be provided once the attendees have arrived at the meeting location either specified in the event description or provided by GEO personnel at a later date but before the event.
    • Fishing Gear – We or the charter service will provide all fishing-related items to make your trip successful.
    • Safety Gear – We or the charter service will provide all necessary safety gear including life jackets for average-sized adults.  (safety gear for children and other adults must be provided by the attendee)

Multiple Day Tips

    • Transportation – Will be provided once the attendees have arrived at the meeting location either specified in the event description or provided by GEO personnel at a later date but before the event.
    • Fishing Gear— We provide rods, reels, tackle, and live bait.
    • Safety Gear – We or the charter service will provide all necessary safety gear including life jackets for average-sized adults.  (safety gear for children and other adults must be provided by the attendee)
    • Food – Water and soft drinks (Coke/Pepsi, Sprite, & Ginger Ale) and 3 meals per day will be provided for overnight trips ONLY.  Any other drink or snack food is the responsibility of the attendee.
    • Camping Gear – We provide a 10x12 Wall Tent with cots 3 sets of Disc-o-Bed bunk cot systems that sleep 6 people, a wood stove, propane heaters, portable air conditioning.  Additional sleeping areas can be made by utilizing our 8x12 cook shack that attaches to the front of the wall tent.  This allows sleeping for 4-6 more attendees on single cots.
    • Cooking Gear – We provide all necessary cooking and dining gear including propane camp stoves, propane deep fryers, packable camp stoves, pots/pans, plates, cups, forks, spoons, and knives.

 

GUEST SHALL FURNISH:

    • Transportation– You must provide your transportation to the specified meeting location in the event description.
    • Fishing licenses—Fishing licenses are required by state law and are the responsibility of the attendee(s). 
    • Sunglasses, raingear, sunscreen, and sunproof clothing –are recommended. The sunglasses should be polarized and are essential eye protection in any case. Raingear makes life more pleasant in an unexpected cloudburst, wind, or rain!  All clothing gear is provided by the attendee.
    • Sleeping and personal items – Sleeping bags, toiletries, medicine, towels & wash cloths, and any other normal daily items.

GUEST DUTIES:

    • Conduct themselves in a polite and safe manner.
    • Follow all instructions given by GEO
    • Practice boating safety.
    • No consumption of alcohol during fishing hours, or possession of non-prescription drugs.
    • Observe all boat and camp rules as presented by GEO either in writing or verbally.
    • Strictly adhere to all regulations pertaining to fishing and boating safety
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THE UNDERSIGNED GUEST UNDERSTANDS AND AGREES THAT:

    1. Fishing activities involve certain inherent risks of loss, injury, or illness that each attendee assumes that risk of loss and injury and illness and agrees to indemnify and hold harmless GEO, its employees, agents, contracted personnel, and GEO’s Private or Corporate Property Lessors from any and all liability, costs, claims, and demands whatsoever, including costs of any legal action, including reasonable attorney’s fees.
    2. Hereby give permission for GEO, its volunteers, partners, and affiliates, to use picture and name for future promotional and marketing purposes (e.g., website, magazines, social media, banners)
    3. If a sportsman is unwilling to abide by all of the terms of this agreement and rules of the event, then, at the sole discretion of GEO, the sportsman shall be asked to leave the event.
    4. GEO relies on the fact that you are an outdoors person and have sufficient outdoor skills and abilities for the type of event booked, along with intimate knowledge of the operation of your equipment and that you are in good physical shape. All physical limitations or health problems must be made known to GEO in writing as well as verbally. You must also assume all responsibility for such conditions and hold GEO harmless thereto as described above and in the WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
    5. Fishing procedures and activities by GEO depend on the weather, water conditions, skill, and physical conditions of the attendees. GEO may in its sole discretion, change the location, fishing areas, and methods to best increase your opportunity to make your trip successful.
    6. Each undersigned acknowledges that they have read all of the information material sent by GEO or read on the website, event application, and/or any written or verbal correspondence with GEO and agrees that the content of said material coincides with this agreement. Where differences exist, this written contract controls. This agreement shall be binding upon the parties hereto, their heirs, representatives, or agents and shall not be assigned without the specific written approval of all parties.
    7. Any lawsuit, judicial proceeding, or any other action concerning this contract or provisions hereof shall be instituted only in the state that the event occurred.
    8. Confidentiality: The guest hereby agrees to not publicly write, document, or post in print, online, video, or audio anything about their fishing trip with, or anything about GEO including but not limited to fishing locations, fish densities, and satisfaction or impressions about the event without the expressed written consent of GEO

WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

This is the Waiver, Assumption of Risk, and Indemnity Agreement for GEO. Acknowledgement that the guest has read and understands this agreement will be required prior to applying to each event.

    1. I and anyone claiming on my behalf release and forever discharge GEO and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from causes of action of any nature and kind, known or unknown, which I may have against GEO or any Released Parties arising out of or relating to any injury, loss or damage to person and property that may be sustained as a result of participation in the Activity (“Claims”).
    2. I understand that participation in the Activity involves inherent risks, including risk of physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis, and/or death, and I assume all related risks and voluntarily participate in the Activity.
    3. I agree to indemnify Releasee against any and all claims, actions, lawsuits, damages, and judgments, including attorney’s fees, arising out of or relating to my participation in the Activity.
    4. This Release for Participation in Event or Activity (“Release”) shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against the Releasee.
    5. This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. I have the authority to release the Claims and have not assigned or transferred any Claims to any other party. The provisions of this Release are severable.  If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended, or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the state in which the event occurred.
    6. I have carefully read and fully understand all the provisions of this Release and am freely, knowingly, and voluntarily entering into this Release.
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