Day Trippin, LLC

RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

For purposes of this Agreement, the term "Activity" includes all boating, fishing, sightseeing, cruising, boarding, disembarking, loading, unloading, docking, use of docks and ramps, transportation to and from the vessel, and all related activities conducted by or through Day Trippin, LLC. "Participant" means the individual signing this Agreement and participating in the Activity.

In consideration of participating in the sport of boating and fishing, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from the ordinary negligence of Day Trippin, LLC and its owners, directors, officers, employees, agents, volunteers, Participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows: 

1. _____ASSUMPTION OF RISK: I acknowledge that the sport of boating and fishing involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death as a result of drowning or brain damage caused by near drowning; broken bones, torn ligaments or strains as a result of falls while launching or exiting the water, or while carrying fishing equipment; injuries caused by hooks, medical conditions resulting from physical activity, rough water and wakes, changing weather, lightning, high winds, submerged objects, floating debris, rocks, docks, slips on wet surfaces, entering and exiting the vessel, boat movement, collision with other boats, equipment failure, fish spines and teeth, hooks and lures, knives, exposure to insects, snakes, heat exhaustion, sunburn, hypothermia, allergic reactions, wildlife encounters and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the Activity. 

2. I expressly accept and assume all of the risks inherent in this Activity or that might have been caused by the negligence of the Releasees. My participation in this Activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation. 

3. _____RELEASE OF LIABILITY: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this Activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

4. _____MEDICAL CONDITIONS AND INSURANCE: I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this Activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this Activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. 

5. _____MEDICAL AUTHORIZATION: I agree to disclose any medical or physical condition that may affect my ability to safely participate, including but not limited to heart conditions, seizures, pregnancy, diabetes, severe allergies, or mobility limitations. I authorize the Vessel Operator, Day Trippin, LLC, emergency responders, or medical providers to obtain or provide emergency medical care if deemed necessary, and accept full responsibility for all associated medical expenses.

6. I understand that the Vessel Operator or Day Trippin, LLC will attempt to contact my emergency contact. If this section is blank, I understand that Vessel Operator or Day Trippin, LLC will seek emergency services on my behalf at my own expense.

7. I agree to inspect and use any provided or personal equipment responsibly, report malfunctions or damage immediately, and follow instructions for safe operation.

8. I agree to conduct myself in a safe and responsible manner by following all safety protocols, posted signage, and verbal or written instructions provided by Day Trippin, LLC, understanding that failure to do so may result in removal from the Activity without refund. Passenger conduct includes, but is not limited to, following instructions immediately, remaining seated when instructed, not distracting the Vessel Operator while underway, not interfering with the operation of the vessel, supervising children, and wearing life jackets whenever instructed or required by law.

9. I acknowledge that properly fitted U.S. Coast Guard-approved life jackets are available aboard and agree to wear one whenever directed or required by law. All persons under the age of 13 must wear, and keep fastened, weight-appropriate life jackets at all times.

10. I agree to comply with all U.S. Coast Guard regulations, Arkansas boating laws, and all safety instructions.

11. _____ALCOHOL AND DRUGS: I agree that I will not participate while under the influence of alcohol or illegal drugs in a manner that impairs my ability to safely participate. Day Trippin, LLC reserves the right to refuse or terminate participation without refund if a Participant appears impaired or poses a safety risk.

12. I agree to remain inside the boat during the entirety of the Activity. No swimming is allowed.

13. I agree to wear proper footwear and clothing suitable for boarding, disembarking, and walking on shore, ramps and docks, and the boat.

14. I agree that Releasees assume no responsibility for loss, theft, or damage to personal property including but not limited to phones, cameras, wallets, jewelry, fishing equipment, coolers, clothing, or other belongings.

15. I understand and acknowledge that water exposure, vibration, heat, sunlight, and normal boat movement are inherent parts of the Activity and assume all risk of damage to electronic devices.

16. I agree that the Vessel Operator and Day Trippin, LLC have sole discretion regarding the safe operation of the vessel and may terminate or modify any trip due to weather, water conditions, mechanical issues, unsafe Participant behavior, or any condition affecting safety.

17. _____MEDIA RELEASE: I grant permission to photograph, record, and use my image, likeness, voice, and/or statements captured during my participation for promotional materials-including website, social media, print, and video - without compensation. I waive any rights to inspect or approve the finished product. This authorization is perpetual and may be revoked only by written notice received by Day Trippin, LLC before the Activity begins.

18. I understand there are no guarantees regarding fishing success, waterfall flow, wildlife sightings, weather conditions, sunsets, sunrises, or any other naturally occurring event.

19. _____ARBITRATION: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Arkansas. Any disputes arising from this Agreement shall first be submitted to informal mediation. If unresolved, disputes will be resolved by binding arbitration in Arkansas before a single arbitrator under the rules of the American Arbitration Association. Each party shall bear their own costs. This arbitration clause survives termination of this Agreement and precludes trial by jury.

20. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

    
    

_____ACKNOWLEDGMENT: By signing this document, I agree that if I am hurt or my property is damaged during my participation in this Activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this Activity might not be made available to me or that the cost to engage in this Activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms. 

_____ACKNOWLEDGMENT: I acknowledge that I have asked any questions I may have regarding this Agreement and fully understand its contents before signing. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue for claims arising from ordinary negligence.

I certify that I am at least 18 years of age, or, if under 18, that this Agreement has been signed by my parent or legal guardian.

Trip Date: _____/_____/__________

Signature: ______________________________________________ 

Print Name: ____________________________________________ 

Address City State Zip: _____________________________________________________________

Telephone: (_______) _______-____________

Email: ____________________________________________ 

Date: _____/_____/__________ 

Emergency Contact: ____________________________________________ 

Relationship to Participant: ____________________________________________ 

Telephone: (_______) _______-____________

PARENT OR GUARDIAN ADDITIONAL AGREEMENT

(Must be completed for Participants under the age of 18)

In consideration of the below listed minor(s) being permitted to participate in this Activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor(s) or are in any way connected with such participation by minor(s). Minor(s) are not permitted to participate without a Parent or Guardian. Parent or Guardian must accompany minor(s) as a Participant/Passenger.

Minor 1 

Name: ____________________________________________ 

Date of Birth: _____/_____/__________ Age at time of Activity: ______

Weight (used to determine proper life jacket): ______ lbs

Parent or Guardian Relationship to Minor 1: ____________________________________________ 

Minor 2 

Name: ____________________________________________ 

Date of Birth: _____/_____/__________ Age at time of Activity: ______

Weight (used to determine proper life jacket): ______ lbs

Parent or Guardian Relationship to Minor 2: ____________________________________________ 

Minor 3 

Name: ____________________________________________ 

Date of Birth: _____/_____/__________ Age at time of Activity: ______

Weight (used to determine proper life jacket): ______ lbs

Parent or Guardian Relationship to Minor 3: ____________________________________________ 

Minor 4

Name: ____________________________________________ 

Date of Birth: _____/_____/__________ Age at time of Activity: ______

Weight (used to determine proper life jacket): ______ lbs

Parent or Guardian Relationship to Minor 4: ____________________________________________ 

Minor 5 

Name: ____________________________________________ 

Date of Birth: _____/_____/__________ Age at time of Activity: ______

Weight (used to determine proper life jacket): ______ lbs

Parent or Guardian Relationship to Minor 5: ____________________________________________ 

Parent or Guardian Signature: ______________________________________________ 

Print Name: ____________________________________________ 

Date: _____/_____/__________ 

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