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Forcier’s Fishing Guide Service, LLC Liability Policy & Waiver Release Agreement

I, the undersigned, in consideration of the service of Forcier’s Fishing Guide Service, LLC, its guide(s), employees, agents or representatives, hereby agree to release and hold harmless Forcier’s Fishing Guide Service, LLC on behalf of myself, my heirs, assigns, personal representative and estate as follows:

I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known risks and unanticipated risks which could result in injury, death, illness, or disease, physical or mental damage, or damage to myself, to my property or to spectators or other third parties. The following describes some, but not all those risks. Risks include, but are not limited to death,
drowning, bodily injury, sunburn, insect, or animal bites, encounters with wildlife, and other harm, which may be encountered in participating in guided and unguided fishing, and those activities associated therewith.

I expressly agree and promise to accept and assume all responsibilities and risk of injury, death, illness or disease, or damage to myself, to others, or to my property, arising from my participation in this activity. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I engage in this event, I will have no right to make claim or file a lawsuit against Forcier’s Guide Service, LLC or its officers, agents, or employees.

PHYSICAL HEALTH: To the best of my knowledge, I have no physical restrictions which would prohibit my participation in any-and-all activities offered by Forcier’s Fishing Guide Service LLC, including musky fishing, walleye fishing (or any another species of fish located in Wisconsin), boarding or disembarking the boat. I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this event and to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no insurance, I certify that I am capable of personally paying for any and all such expenses or liabilities. Should emergency medical services become necessary to me or any minor I have authorized to participate, I agree that I will not hold Forcier’s Fishing Guide Service, LLC liable regarding the provision of medical and/or emergency care or the adequacy of any such care. Forcier’s Fishing Guide Service, LLC reserves the right to decline service to any person it judges incapable of meeting the requirements of participating in fishing activities. I understand that fishing is a sport and there is no guarantee that fish will be caught.

ALCOHOL AND DRUG POSSESSION: Forcier’s Fishing Guide Service, LLC reserves the right to immediately cease and discontinue any paid services, guide services, guide trips or instruction for any client that is paying or not paying for services provided by Forcier’s Fishing Guide Service, LLC if that client uses, displays, or has in their possession any narcotics, illegal drugs or is using illegal drugs of any nature.

PERSONAL FLOATATION DEVICES/LIFE JACKETS: I acknowledge that Forcier’s Fishing Guide Service, LLC has provided life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel or at the marina or launch area or when otherwise instructed to do so. Failure to do so is at my/our own risk.

LICENSES: I do certify that I have all the necessary personal licenses to participate in any of the fishing activities with the guide and that I do not hold Forcier’s Fishing Guide Service LLC, their agents, other fishing guests and/or employees responsible for any lack thereof personal licenses.

CANCELLATION AND RE-SCHEDULING POLICY: Cancellation or re-scheduling of trips must be done more than five (5) days before a scheduled date. Failure to cancel or re-schedule more than five (5) days before the trip may result in forfeiture of deposit fees. The parties understand that the dates of the trip may change for reasons beyond the control of the guide. The duration of the trip is as provided, notwithstanding the fact that circumstances, including but not limited to, weather, governmental action, staff illness, equipment failure or other factors may prevent movement into or out of certain areas on certain days.

NO-SHOW POLICY: The guide will wait for 30 minutes past the meet time. If client does not arrive within that time or has not provided a phone call or text message the trip will be forfeited.

FEES AND CONDITIONS: In consideration of the guide providing guide services as set forth herein, the client agrees to pay the guide the agreed upon fees in U.S. funds in the form of cash, check and or credit card through PayPal. A deposit of $100 to hold the decided date of the services must be received prior to date of service. The balance is to be paid in full after completion of service by the client(s) to the guide with a signed copy of this agreement which needs be received by the guide before the date that guide services are undertaken, or this contract will be null and void and in no way binding on the guide unless accepted by them in their sole discretion.

CANCELLATIONS, NO-SHOWS, AND REFUNDS: The $100 deposit shall be held by Forcier’s Fishing Guide Service, LLC on behalf of the client and applied against the total fee. In the event the client terminates this agreement greater than 2 weeks prior to the scheduled date the deposit will receive a full refund. Cancellations made within two weeks (14 days) from the scheduled date will forfeit 50% of the trip's initial cost. Cancellations made within 48 hours of the trip the down payment will be forfeit or applied to a new date. In the event the client materially defaults in the performance of any of his obligations herein, the client’s right to participate may be forthwith terminated at the sole option of the guide. Under such circumstances, the client shall not be entitled to the refund of any portion of the fee. In the event the guide is unable to fulfill guiding services due to circumstances beyond their control including but not limited to weather, floods, fire, other acts of nature, governmental action, staff illness or equipment failure, the client shall be entitled to reschedule equivalent guide services for another date. Refunds may be given at the sole discretion of the guide. Each client understands that notwithstanding any other provisions of this contract the guide may, at their sole discretion, return any fees paid and decline to accept the client for any reason.

PHOTOGRAPHIC MATERIAL: Unless otherwise expressed in writing, I hereby give permission to Forcier’s Fishing Guide Service, LLC to use my photographic likeness in all forms and media for advertising, marketing, promotion, trade, and any other lawful purposes and that any photos or videos taken on camera equipment owned by Forcier’s Fishing Guide Service, LLC is the property of Forcier’s Fishing Guide Service, LLC.

RELEASE & ACKNOWLEDGEMENT OF RISK: I understand and acknowledge that the activity I am about to voluntarily engage in as a participant bears certain known and unanticipated risks which could result in injury, death, illness, or disease, physical or mental damage, or damage to myself, to my property or to spectators or other third parties. The following describes some, but not all those risks. Risks include but are not limited to: Exposure to inclement weather, illness, disease, death, drowning,bodily injury, sunburn, insect, or animal bites, encounters with wildlife, and other harm or damage to myself or property, which may be encountered in participating in guided and unguided fishing, and those activities associated therewith. I expressly agree and promise to accept and assume all responsibilities of above said risks while I engage in this event and agree that I will have no right to make claim or file a lawsuit against Forcier’s Fishing Guide Service, LLC, or its officers, agents, or employees. By signing this Agreement, I, myself, or as parent or guardian of any accompanying minor, unconditionally release and hold harmless Forcier’s Fishing Guide Service, LLC and/or their representatives against and for all liability, cost, expenses, claims, and damages for which the guide might otherwise become liable by reason of any accident, illness, or injuries to, or death of, any persons, or damage to property or both, in any manner arising or resulting from, caused by, connected with, or related to the participation in any activity or service offered by Forcier’s Fishing Guide Services, LLC, regardless of how, where, or when such injury, illness, death, or damage occurs even if caused by the negligence of the guide, its agent, sponsors, or due to conditions, defects in the vessel, equipment, or activities. I agree and acknowledge that I am over the age of 18 years, and I have read and fully understand the contents of this entire document understand that it affects my legal rights and agree to be bound by its terms. I, the client, understand all its terms and that it shall be effective and binding upon myself my respective heirs, successors and assigns. I execute it voluntarily with full knowledge of its significance.

ANY AND ALL TERMS CONTAINED HEREIN SHALL BE GOVERNED AND CONSTRUED UNDER THE LAW OF THE STATE OF WISCONSIN. I UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL DOCUMENT THAT SERVES AS A WAIVER AND RELEASE. I HAVE HAD THE OPPORTUNITY TO REVIEW THE DOCUMENT IN ITS ENTIRETY AND I UNDERSTAND THE TERMS OF THIS DOCUMENT AS IT SERVES AS A WAIVER AND RELEASE AS I EXECUTE THE SAME.