THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT (the “Agreement”) is made
and entered into as of the date set forth below, by and between STEAMBOAT WILLIE’S
SEBAGO FISHING AND RECREATIONAL GUIDE SERVICES, a REGISTERED
MAINE GUIDE SERVICE with its principal place of business at 9 Morningside Lane,
Casco, ME 04015 (hereinafter referred to as “Steamboat” or “The Service”), and the
undersigned individual(s) (hereinafter referred to as “Participant” or “Participants”.
WHEREAS, The Service is engaged in the business of providing professional private
freshwater fishing and Maine Guide services (the “Services”); and
WHEREAS, The Participant(s) desire(s) to engage Steamboat to provide the Services
and to participate in fishing and related activities (collectively, the “Activities”) conducted
by Steamboat; and
WHEREAS, Participant(s) acknowledge(s) and understand(s) that the Activities involve
inherent risks, dangers, and hazards, including but not limited to those described herein,
and Participant(s) wish(es) to assume all such risks, dangers, and hazards, including
but not limited to those described herein, and Participant(s) wish(es) to assume all such
risk in exchange for the opportunity to participate in the Activities.
NOW, THEREFORE, in consideration of The Service allowing Participant(s) to engage
in the Activities, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Participant(s) agree(s) as follows:
1. ASSUMPTION OF RISK
Participant understands and acknowledges that the Activities involve inherent risks,
dangers, and hazards that may result in injury, illness, disability, death, or damage to
Participant(s) or Participant's property. These risks include, but are not limited to:
1. Risks associated with water and boating activities, including drowning, capsizing,
collision with other vessels or objects, and exposure to the elements;
1. Risks associated with fishing activities, including injuries from fishing equipment,
hooks, and other tackle;
1. Risks associated with outdoor activities, including adverse weather conditions,
encounters with wildlife, insects, and plants, and exposure to sun, wind, cold,
heat, and other environmental factors;

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1. Risks associated with travel to and from the fishing locations, including
transportation by boat, vehicle, or on foot over potentially hazardous terrain;
1. Risks associated with the remote nature of some fishing locations, including
limited access to immediate medical assistance;
1. Risks associated with the consumption of food and beverages during the
Activities;
1. Risks associated with the actions, negligence, or failure to act of other
participants, bystanders, or the Service, including its staff, representatives, and
agents; and
1. Risks associated with the Participant's own physical condition and limitations.
Participant expressly, willingly, and voluntarily assumes full responsibility for all risks of
any and every kind involved with or arising from his / her participation in the Activities,
including but not limited to those heretofore listed or otherwise. Without limiting the
generality of the foregoing, Participant hereby irrevocably releases The Service, its
employees, agents, representatives, contractors, subcontractors, successors, heirs,
assigns, affiliates, and legal representatives (the “Released Parties” or “Releasees”)
from, and holding them harmless for, all claims, rights, demands or causes of action
whether known or unknown, suspected or unsuspected, arising out of the Activities
1. RELEASE FROM LIABILITY
Participant, on behalf of himself/herself and his/her heirs, assigns, personal
representatives, and next of kin, hereby fully and forever RELEASES, WAIVES,
DISCHARGES, COVENANTS NOT TO SUE, AND HOLDS HARMLESS the Released
Parties from any and all liability, claims, demands, rights of action, or causes of action,
present or future, whether the same be known, anticipated, or unanticipated, and
whether caused by the negligence of the Released Parties or otherwise, resulting from
or arising out of Participant’s involvement in the Activities, including, but not limited to,
any loss, damage, injury illness, death, or harm of any kind that Participant may suffer.

This release extends to claims that Participant does not know or suspect to exist at the
time of executing this Agreement, which if known by Participant might have materially
affected Participant's decision to enter into this Agreement. Participant hereby waives
the benefits of any provision of law that otherwise would limit the scope of this release
to include only those claims which Participant knows or suspects to exist at the time of
executing this Agreement.

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1. COVENANT NOT TO SUE
Participant agrees never to institute any lawsuit or action at law or otherwise against the
Released Parties, or to initiate or assist in the prosecution of any claim for damages or
cause of action which Participant may have by reason of injury to Participant's person or
property, or Participant's death, arising from the Activities, whether caused by the
negligence of the Released Parties or otherwise. Participant further agrees that
Participant's heirs, executors, administrators, personal representatives, and/or anyone
else claiming on Participant's behalf, shall not institute any lawsuit or action at law or
otherwise against the Released Parties, nor shall they initiate or assist in the
prosecution of any claim for damages or cause of action which Participant, Participant's
heirs, executors, administrators, personal representatives, and/or anyone else claiming
on Participant's behalf may have by reason of injury to Participant's person or property,
or Participant's death, arising from the Activities, whether caused by the negligence of
the Released Parties or otherwise.
1. INDEMNIFICATION
Participant hereby agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS the
Released Parties from and against any and all claims, demands, suits, judgments,
losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees
and costs) arising out of or resulting from, directly or indirectly, Participant's involvement
in the Activities, including, without limitation, any damage or injury caused by Participant
to any third party or their property. This indemnification shall apply regardless of
whether such claims, demands, suits, judgments, losses, liabilities, damages, costs,
and expenses arise, in whole or in part, from the negligence of the Released Parties.
1. RESPONSIBILITY FOR PERSONAL PROPERTY
Participant acknowledges and agrees that The Service shall not be responsible for any
personal property that is lost, damaged, or stolen during the Activities. Participant
assumes full responsibility for all personal property brought to the Activities and shall
not hold The Service liable for any loss or damage to such property.
1. NO REPRESENTATIONS BY SERVICE
Participant acknowledges and agrees that no representations, statements, or
inducements, oral or written, apart from the foregoing written statement, have been
made to Participant regarding the Activities. Participant further acknowledges that The
Service has made no guarantees or warranties, expressed or implied, as to the
success, quality, or quantity of fish that may be caught during the Activities.

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1. PERSONAL REPRESENTATIONS
Participant represents and warrants that:
1. Participant is at least eighteen (18) years of age or, if Participant is under
eighteen (18) years of age, this Agreement has been signed by Participant's
parent or legal guardian;
1. Participant is in good physical and mental health and does not suffer from any
condition or disability that may require special precautions or accommodations
during the Activities;
1. Participant possesses sufficient skill and experience to safely participate in the
Activities;
1. Participant will comply with all applicable laws, rules, and regulations while
participating in the Activities;
1. Participant will follow all instructions and directions provided by The Service
during the Activities;
1. Participant will not be under the influence of alcohol, drugs, or any other
substance that may impair Participant's ability to safely participate in the
Activities; and
1. Participant has adequate insurance to cover any injury or damage Participant
may cause or suffer while participating in the Activities, or else agrees to bear the
costs of such injury or damage.
1. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of MAINE, without giving effect to any choice of law or conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation, or validity thereof, shall be brought
exclusively in the state or federal courts located in County of Cumberland, State of
Maine and Participant hereby consents to the personal jurisdiction and venue of such
courts.
1. WAIVER
No waiver of any term or right in this Agreement shall be effective unless in writing,
signed by an authorized representative of the waiving party. The failure of The Service
to enforce any provision of this Agreement shall not be construed as a waiver or
limitation of The Service’s right to subsequently enforce and compel strict compliance
with every provision of this Agreement.

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1. SURVIVAL
Any provision of this Agreement providing for performance by either party after
termination of this Agreement shall survive such termination and shall continue to be
effective and enforceable.
1. COMPLIANCE WITH LAWS
Participant agrees to comply with all applicable federal, state, and local laws,
regulations, and ordinances while participating in the Activities, including, but not limited
to, all fishing regulations, boating laws, and environmental protection requirements.
1. SEVERABILITY
If any provision or portion of this Agreement shall be held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated.
1. ENTIRE AGREEMENT; MODIFICATION; BINDING EFFECT
This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes any prior agreement, oral or written, and all other
communications between the parties relating to the subject matter of this Agreement.
This Agreement may not be amended or modified except by a written instrument
executed by both parties. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, successors, and assigns.