Participant Agreement & Release of Liability
IMPORTANT NOTICE: Please read this agreement carefully before signing. This document includes an assumption of risk, release of liability, indemnification agreement, and medical treatment authorization. Do not sign if you do not understand or agree with its terms.
Assumption of Risk
I am aware that during the fishing, hunting, outdoor recreation trip, or other activity offered in which I am voluntarily participating under the arrangements of Maine Guide Service, LLC, Kennebec River Angler, Sweetwater Angler, LLC, their booking agents, principals, members, owners, employees, and associates, collectively referred to as “the Companies,” certain substantial risks and dangers exist or may occur.
These risks may include, but are not limited to, hazards of traveling on a raft or other craft in rough river conditions; using paddles, oars, or other whitewater equipment; latent or apparent defects or conditions in equipment or property supplied by the Companies; contact with plants or animals; hiking in rugged terrain; accident or illness in areas remote from medical facilities; first aid, emergency treatment, or other services rendered; forces of nature and rapidly changing weather; submerged, partially submerged, and undercut rocks and manmade items; changing currents and turbulent water conditions; travel by automobile, boat, or other conveyance; condition of roads, trails, waterways, or terrain and accidents connected with their use; and consumption of food or drink.
I understand that these activities can demand strenuous physical exertion and require that I be in good physical health. I agree to disclose to the Companies, their agents, employees, associates, and my trip guide any physical condition that may limit my participation in these activities.
Release of Liability & Indemnification
In consideration of and as part payment for the right to participate in any of the above referenced activities and services arranged for me by the Companies, I understand and expressly assume for myself, my heirs, assigns, legal representatives, executors, and administrators all risks and dangers which may be encountered before, during, and after this fishing or hunting trip or any other activity.
I release and agree to indemnify and hold the Companies harmless from any and all liability, actions, causes of action, and claims of any kind or nature whatsoever, whether foreseen or unforeseen, arising out of my participation in this fishing, hunting, whitewater, or associated outdoor recreational activity, including injury or loss to my personal property, injury resulting in death, negligence, breach of contract, or otherwise.
I understand that the risks and dangers of participation may arise from foreseeable or unforeseeable causes including, but not limited to, negligence of the Companies, negligence of participants, negligence of others, accidents, breaches of contract, forces of nature, and other causes.
Additional Released Parties
I additionally release Brookfield Renewable Energy Group, Wagner Forest Management Ltd & Forest Tree 96 LP, Katahdin Forest Management LLC, Central Maine Power Company, Inc., Great Lakes Hydro America LLC, Sustainable Forest Technologies, Mead Paper Co., Northern Outdoors Inc., their servants, agents, employees, successors, and/or assigns from any claim for loss or injury of any kind, character, or description arising out of participation in the activities of the Companies.
Medical Treatment Authorization
In recognition of the risks which I am assuming by voluntarily participating in these activities, I give the Companies, their agents, and employees permission to treat me and to authorize medical treatment in the case of an emergency or accident.
Photo, Video & Media Release
I give permission for the Companies to use any and all written comments, pictures, video, and/or movies in which I may appear for publicity, promotion, and advertising on behalf of the Companies.
Governing Law & Venue
The venue of any dispute that may arise out of this agreement or otherwise between parties to which the Companies or their agents are a party shall be either the County of Somerset or State Supreme Court in Somerset County, Maine.
Right Not to Participate
I acknowledge that I am entitled to decide not to participate in the planned activity at any time. If I decide not to participate, I may be eligible for a partial refund at the Company’s discretion.
Ongoing Agreement
I understand and agree that this release is to be construed and interpreted as an ongoing agreement between Maine Guide Service, LLC and/or Kennebec River Angler, Sweetwater Angler, LLC, the Companies, and myself. This agreement shall continue for any multi-day activities that I may participate in, and it is unnecessary for me to execute an additional release for each day of a multi-day activity so long as the activities are conducted during a continuous stay with the Companies.
Entire Agreement
I understand and agree that this document is intended to be a legally binding contract and is to be interpreted under the laws of the State of Maine. If any portion of this document is held invalid, the remaining provisions shall continue in full legal force and effect. This document contains the entire agreement between the Companies and myself.