LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE

Neubauergroup, LLC d/b/a Fishical Pursuit
Guided Fly Fishing, Float Trips, and Instruction on the Yakima River and other Washington waters

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IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING. This is a legal document that affects your rights. By signing this waiver, you are giving up certain legal rights, including the right to sue. Do not sign until you have read and understood every section. If you have questions, ask your guide before signing.

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1. Parties

This Liability Waiver, Assumption of Risk, and Release ("Agreement") is entered into between the person(s) signing below ("Participant," or if signing on behalf of a minor, "Parent/Guardian") and Neubauergroup, LLC, a Washington limited liability company doing business as Fishical Pursuit, together with its owners, members, officers, employees, guides, independent contractors, agents, volunteers, affiliates, successors, and assigns (collectively, "Released Parties").

2. Description of Activity

Participant acknowledges that he/she is voluntarily participating in guided fly fishing activities offered by Fishical Pursuit, which may include one or more of the following ("Activities"):

• Walk-and-wade fly fishing in rivers, streams, and adjacent waters
• Float trips in inflatable rafts and/or drift boats
• Multi-day float and camp trips
• Fishing instruction, casting instruction, and rowing instruction
• Transportation to and from boat launches and access points
• Any related activity conducted by, or under the supervision of, Fishical Pursuit or its guides

3. Assumption of Risk

Participant understands and expressly acknowledges that the Activities are INHERENTLY DANGEROUS and involve substantial risk of property damage, bodily injury, illness, permanent disability, paralysis, and death, whether caused by the negligence of the Released Parties, the negligence of others, or otherwise. Risks include, but are not limited to:

• Water-related hazards: Cold water immersion, hypothermia, drowning, swift current, hydraulic features, submerged rocks and logs (strainers), sudden changes in water level, dam releases, and flash flooding
• Boat and rowing hazards: Capsizing, ejection from boat, entanglement in ropes/anchors, collision with other watercraft or objects, and injuries caused by oars, anchors, or boat equipment
• Wading hazards: Slipping on rocks, stepping into unseen holes, falling in current, and injuries from underwater obstructions
• Fishing hazards: Hook injuries to the eye, face, hands, or body (self-inflicted or from other anglers); lacerations from fly line, backing, or leaders; injuries from casting; injuries from fish (teeth, spines, fins)
• Environmental hazards: Weather including lightning, high winds, extreme heat, extreme cold, wildfire smoke; exposure to sun and dehydration; contact with wildlife including but not limited to snakes, bears, cougars, elk, moose, rodents, and insects; exposure to poisonous or thorny plants; slippery, uneven, or unstable terrain including talus, gravel bars, and stream banks
• Health hazards: Cardiac events, heat exhaustion, allergic reactions (including to insect bites and stings), waterborne illness, foodborne illness, and aggravation of pre-existing medical conditions
• Vehicle and shuttle hazards: Travel on remote or unimproved roads, single-lane forest roads, and vehicle transport to and from launch and take-out points
• Guide judgment: Errors or omissions in judgment by guides, including but not limited to route selection, timing decisions, and equipment recommendations
• Remote location risk: Delayed emergency response, limited cellular coverage, and extended time to definitive medical care
• Third-party risk: The actions, inactions, or negligence of other anglers, boaters, floaters, landowners, or members of the public

Participant expressly and voluntarily ASSUMES ALL RISK OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, whether foreseen or unforeseen, arising from participation in the Activities.

4. Release and Waiver of Liability

To the fullest extent permitted by Washington law, Participant hereby:

(a) RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties for any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, illness, or death suffered by Participant while participating in the Activities;

(b) Agrees that this release applies to claims caused by, or alleged to be caused by, the NEGLIGENCE of the Released Parties, but does not release the Released Parties from liability for their own gross negligence, willful misconduct, or intentional acts;

(c) Agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or cost, including reasonable attorney's fees, arising from Participant's participation in the Activities or Participant's violation of this Agreement; and

(d) Agrees that this release binds Participant, Participant's heirs, spouse, family members, legal representatives, executors, administrators, and assigns.

5. Medical Acknowledgment and Emergency Consent

Participant represents that:

• Participant is in good physical and mental health and has no medical condition, injury, or disability that would prevent safe participation in the Activities;
• Participant has disclosed any known medical condition, medication, allergy, or physical limitation that could affect participation to Fishical Pursuit in writing prior to the trip;
• Participant has adequate health, accident, and life insurance to cover any injury or damage suffered during the Activities, and Participant is solely responsible for all medical expenses incurred; and
• Participant AUTHORIZES the Released Parties to obtain or administer emergency medical treatment, including first aid, CPR, and evacuation, at Participant's expense, and Participant releases the Released Parties from any liability arising from such treatment or the decision to summon or delay emergency assistance.

6. Swimming and Personal Flotation Devices

Participant represents that Participant has disclosed any inability to swim to Fishical Pursuit. Participant acknowledges that a U.S. Coast Guard-approved personal flotation device (PFD) will be provided for all float trips and that Participant is required to wear the PFD, properly fastened, at all times while on or near the water when instructed to do so by the guide. Refusal or failure to wear a PFD when instructed may result in termination of the trip with no refund.

7. Fishing License

Participant acknowledges that a valid Washington State fishing license (or applicable state license if fishing outside Washington) is required for all persons age 15 and older to fish, and that obtaining the correct license is Participant's sole responsibility. Fishical Pursuit is not responsible for citations, fines, or penalties resulting from Participant's failure to possess a valid license or comply with fishing regulations.

8. Alcohol and Substances

Participant agrees not to be under the influence of alcohol, marijuana, illegal drugs, or any impairing substance during the Activities. Fishical Pursuit reserves the right to refuse or terminate service, without refund, to any Participant who appears to be impaired.

9. Compliance with Guide Instructions

Participant agrees to follow all safety instructions, briefings, and directions given by Fishical Pursuit guides, including instructions regarding equipment use, position in the boat, wading, casting, and emergency procedures. Participant acknowledges that failure to follow guide instructions may increase risk of injury and may result in termination of the trip without refund.

10. Photo, Video, and Media Release

Participant grants Fishical Pursuit the perpetual, royalty-free, worldwide right to use Participant's name, likeness, image, voice, and appearance in photographs, video, and other media captured during the Activities for the purposes of marketing, advertising, social media, and business promotion, without further compensation or approval. If Participant does NOT consent to this media release, Participant must so indicate in writing on this form or notify the guide in writing prior to the start of the Activity.

11. Weather, Water, and Cancellation

Participant acknowledges that weather, water level, water clarity, wildfire smoke, and fisheries closures are outside the control of Fishical Pursuit. Fishical Pursuit reserves the sole discretion to modify, delay, or cancel a trip for safety reasons. Refund and rescheduling terms are governed by Fishical Pursuit's published cancellation policy in effect at the time of booking, which is incorporated herein by reference.

12. Personal Property

Participant is responsible for Participant's own personal property, including but not limited to fishing rods, reels, cameras, phones, sunglasses, and clothing. Fishical Pursuit is not liable for lost, damaged, stolen, or wet personal property.

13. Minor Participant (if applicable)

If Participant is under 18 years of age, the undersigned Parent or Legal Guardian:

(a) Represents that he/she is the legal parent or guardian with authority to sign on behalf of the minor;
(b) Consents to the minor's participation in the Activities;
(c) Agrees to be bound by this Agreement, individually and on behalf of the minor;
(d) Agrees to indemnify, defend, and hold harmless the Released Parties from any claim brought by the minor, on behalf of the minor, or arising from the minor's participation in the Activities; and
(e) Acknowledges that the minor must be accompanied by the Parent/Guardian or a designated responsible adult during the Activities unless expressly agreed otherwise in writing.

14. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the extent necessary to be enforceable and reflect the parties' original intent.

15. Governing Law and Venue

This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Any dispute arising out of or related to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in Kittitas County, Washington, and Participant consents to personal jurisdiction and venue in those courts.

16. Entire Agreement

This Agreement contains the entire understanding between Participant and Fishical Pursuit regarding the Activities and supersedes any prior representations, agreements, or understandings, whether written or oral. This Agreement may only be modified in a writing signed by an authorized representative of Fishical Pursuit.

17. Acknowledgment

BY SIGNING BELOW, I ACKNOWLEDGE THAT:

• I have READ this Agreement in full;
• I UNDERSTAND that I am giving up substantial legal rights, including the right to sue;
• I am signing this Agreement FREELY AND VOLUNTARILY, without any inducement, assurance, or guarantee;
• I am AT LEAST 18 YEARS OF AGE, or I am the parent/legal guardian of a minor participant and have authority to sign on the minor's behalf;
• I have had the opportunity to ask questions and to review this Agreement with an attorney of my choice; and
• I INTEND this Agreement to be a complete and unconditional release of liability to the greatest extent permitted by Washington law.

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Signature capture, participant information, emergency contact, medical disclosures, minor/guardian details, and photo/video consent will be collected through our digital waiver system before or at the time of your trip. This preview page is provided so you can review the waiver language in advance of booking.

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Questions?

Contact us at catchus@fishicalpursuit.net or 509-705-8189 before booking if you have any questions about this waiver.