Hold Harmless, Release & Indemnification Agreement
This HOLD HARMLESS, RELEASE, and INDEMNIFICATION AGREEMENT (this "Agreement") is made effective on this date by and between Big Daves Fishing Adventures, LLC (hereinafter, "Big Dave"), located at 17175 WILSON RIVER HWY TILLAMOOK OR 97141 USA and (hereinafter, "Guest"). Big Dave and Guest are sometimes individually referred to as "Party" and collectively referred to as the "Parties" in this Agreement.
WHEREAS, Guest desires to use and has paid Big Dave for fishing guide services, equipment, boat(s), expertise, and related goods for the purpose of fishing anywhere in the State of Oregon including rivers, streams, tributaries, and the Pacific Ocean; and WHEREAS, Guest recognizes that fishing involves an inherently risky and dangerous activity including weather related events and physical elements beyond the control of Big Dave; and WHEREAS, A significant risk of bodily or personal injury, property damage, or other such damage exists while using Big Dave’s guide services, equipment, boat(s), expertise, and related goods and such risk and the assumption thereof is the sole responsibility of Guest; and WHEREAS, Big Dave specifically disclaims any responsibility or liability to Guest arising out of the services, equipment, boat(s), and expertise provided by Big Dave; and WHEREAS, Big Dave provides such guide services, all equipment including fishing gear and life jackets, boat(s), and expertise at the express request of Guest for such purposes, Guest therefore desires to hold harmless, release, and indemnify Big Dave, it’s owners, officers, members, agents, heirs and representatives from any all claims and/or litigation of whatever kind or nature, whether known or unknown, foreseen or unforeseen, arising out of the Guest's use of the Property or Guest’s failure to use such equipment as intended or otherwise fails to comply with all local, state, and federal regulations.
Terms
- Hold Harmless. Guest shall fully defend, indemnify, release and hold harmless Big Dave from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever...
- Authority to Enter this Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
- Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
- Waiver. No waiver of any default shall constitute a waiver of any other default or breach...
- Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees...
- Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements.
- Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held invalid, the remaining provisions shall continue to be valid and enforceable...
- Applicable Law. This Agreement shall be governed exclusively by the laws of Oregon, without regard to conflict of law provisions.
- Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding shall be exclusively brought and litigated in the federal and state courts of the State of Oregon...
- Signatories. This Agreement shall be signed on behalf of Big Dave, and on behalf of Guest, and effective as of the date first written abo
