Waiver

FISHING CLIENT AGREEMENT

 This Agreement, made as of this _______ day of ________________between Michael and Mandy Kelly  (hereinafter referred to collectively as “Owners”); of Skills 2 Fish (“Company”),  and ______________________________ (the person(s) executing this document hereinafter referred to as “Client”).

BY SIGNING THIS DOCUMENT, CLIENT ACKNOWLEDGES THAT THERE ARE INHERENT RISKS IN FISHING.  THOSE RISKS INCLUDE BODILY INJURY AND DEATH. 

In consideration for Owners’ services, including but not limited to training instruction, fishing locations for practical experience, and use of equipment, Client voluntarily agrees to the terms of this RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT.

Client hereby represents that he/she is capable of following instructions and following safety guidelines.  Client further represents that he/she is competent and capable to participate in the activities Client will be participating in.

Client agrees to personally assume the risks associated with Owner’s services and location of Company planned facilities.  Therefore, Client hereby releases, waives, and forever discharges Owner and Company of all actions of whatever kind or nature either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death, or property damage resulting during Client’s presence on Company’s provided facility. So long as such injury, property damage, or death is not caused by an intentional, willful, or wanton act or omission of Owner or facility, (i.e. Client releases Owner and Company from liability for damages caused by Owner’s or Company’s negligent acts or omissions only).  Client assumes full responsibility for the risk of bodily injury, death, or property damage and shall hold Owner and Company harmless for any liability thereof as set forth herein. 

This release is given on behalf of Client, Client’s spouse, Client’s legal representatives, administrators, executors, heirs, and assigns, and in the case of any child or children of Client’s, on behalf of them, their legal representatives, administrators, executors, heirs and assigns.  This release is an ongoing release and remains in effect until Client has revoked it in writing.

 Client understands that this document is a contract and agrees that if a lawsuit is commenced against Owner, or Company, its owners, agents, and/or employees for any injury or damage alleged by, or allegedly attributable to, Client, Client will pay all attorney's fees and costs reasonably incurred by Owner to defend that lawsuit.

Client hereby acknowledges and agrees that client assumes full responsibility for his/her own safety.  Client understands that he/she is assuming 100% of the risk of injury, death, and property damage as provided herein.  THE LAWS OF THE STATE OF WESTERN AUSTRALIA SHALL GOVERN THIS RELEASE.  If any portion of this release is held invalid by a court, it is agreed that the remainder of this release shall continue in full legal force and effect notwithstanding the invalidity of any portion of it.

 CLIENT HAS READ THIS DOCUMENT.  CLIENT UNDERSTANDS IT IS AN AGREEMENT AND PROMISES NOT TO SUE, AND TO RELEASE AND INDEMNIFY, TRAINER AND COMPANY FOR ALL CLAIMS IDENTIFIED HEREIN.

 CLIENT ACKNOWLEDGES AND AFFIRMS THAT HE/SHE HAS CAREFULLY READ THE CONTENTS OF THIS RELEASE, FULLY UNDERSTANDS ITS MEANING, AND SIGNS THIS RELEASE VOLUNTARILY.

 Date:                                                               

Client / Guardian Signature                                                                                                                                                     

Print Client Name                                                                                                                                                                      

Address                                                                                                                                                                            

 Telephone Number                                                                                                                                                                                                                      

Owners Name: _______________                   

Owners Signature: ____________