AGREEMENT TO WAIVE LIABILITY
THIS AGREEMENT is made and entered into on the date indicated below between
___________________________________________, hereinafter referred to as "FISHERMAN",
and Dawn G. Stuart, hereinafter referred to as "OWNER".
WHEREAS, OWNER owns property in Klamath County, Oregon (the Property) and leases the right to fish on the Property and provides overnight lodging and meals to said lessees; and
WHEREAS, OWNER carries no liability insurance coverage for fishing, lodging, meals or other activities on the Property and as a consequence leases fishing rights to only those persons who expressly assume all risks associated with such activities; and
WHEREAS, FISHERMAN wishes to lease fishing rights to the Property; now, therefore,
IN PARTIAL CONSIDERATION OF THE FOREGOING and of the promises, covenants, and conditions as hereinafter contained,
IT IS HEREBY AGREED:
1. FISHERMAN shall be permitted to fish on the Property from (date)
______________________________________ to ____________________________________
2. FISHERMAN agrees to assume and hold OWNER AND OWNER's agent harmless from and indemnify them against any and all claims, actions, causes of actions, claims, demands, damages, costs, loss of services, expenses, and compensation, or suits of any kind or nature, and particularly all claims or disputes relating to and/or arising out of or connected with FISHERMAN's use of the Property.
RELEASE OF CLAIMS - READ CAREFULLY:
FISHERMAN hereby acknowledges that fishing activities can be dangerous and that said activities can and sometimes do result in injury or death. In partial consideration of the right to fish on Owner's property and to participate in any and all activities on Owner's property, FISHERMAN does hereby specifically release, waive, discharge, and relinquish any and all actions, or causes of action which may hereafter arise or accrue for any injuries or death to FISHERMAN or damage to FISHERMAN's property, and FISHERMAN does hereby agree that under no circumstances will FISHERMAN, or FISHERMAN's representatives, present or prosecute any claim for injury or injuries, property damage, or death, against OWNER or OWNER's agents.
IT IS THE EXPRESS INTENTION OF THIS RELEASE TO EXEMPT AND RELEASE OWNER AND OWNER'S AGENTS FROM ANY AND ALL LIABILITY FOR INJURY, PROPERTY DAMAGE, OR DEATH TO THE UNDERSIGNED CAUSED OR WHICH MAY HAVE BEEN OR BE CAUSED BY NEGLIGENCE.
IN PARTIAL CONSIDERATION OF THE FOREGOING, OWNER hereby grants to FISHERMAN the right to fish on OWNER'S Property under the terms and conditions hereinabove set forth.