Guest Terms, Conditions, and Liability Release
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. Your stay, regardless of duration, herein referred to as the “STAY”.
IN CONSIDERATION of being permitted to participate in any way in the STAY organized by Patagonia Fly Fishing Lodge, of 6 Running River Way Absarokee, Montana, 59001 and/or use of the property, facilities and services of Patagonia Fly Fishing Lodge, THE UNDERSIGNED “Guest”, for himself, his personal representatives, heirs, next of kin and for all children in their responsibility under the age of 18 attending the STAY, themselves, their personal representatives, their heirs, and their next of kin:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, some of which are listed here, and further agree to follow any oral instructions or directions given by Patagonia Fly Fishing Lodge, or the employees, representatives or agents of Montana Fly Fishing Lodge.
- No smoking, vaping, or smokeless tobacco ANYWHERE on property/except by bonfire pit at barn.
- Private areas are suites or all other public shared with Patagonia Fly Fishing Lodge staff. Maintenance may enter if needed with permission.
- Shoes off in the Lodge at all times
- No outside alcohol-deposit will be forfeited no questions.
- Expectations for how the guest rooms are left are followed (listed in each guest room).
- Clean up ANY garbage in shared areas, and clean up unusual soiling (vomit, dumped drinks, etc.)
- Check out no later than noon.
- If window does not have screen or crank-do not open.
- Pull blinds ONLY, do not pull down the curtains in Lodge suites.
- Nothing down septic tank except waste and toilet paper. No tampons, pads, condoms, diapers, make up wipes, etc.
- Parking in parking lot only, within a marked space.
- The Spa area, if available and unlocked, the following applies:
- No more than 6 guests at a time
- Shower prior to use
- Do not remove pillows, or adjust temperature, do not force knobs
- Any breakage is your responsibility, your credit card will be charged or damage will be held from deposit (as applicable)
- Adults must accompany children under the age of 12 at all times, there is danger in every direction.
3. I Acknowledge, agree, and represent that I have assumed ALL LIABILITY for the STAY and will immediately upon entering any AREA(S) and will continuously thereafter, inspect the STAY AREA(S) which Guests enter, and I further agree and warrant that, if at any time, I am in or near STAY AREA(S) and I feel anything to be unsafe, I will immediately advise the Agent of such and if necessary will leave the STAY AREA(S) and/or refuse to participate further in the STAY(S).
4. I HEREBY ASSUME FULL RESPONSIBILITY for personal injury to myself and (if applicable) my family members, and further release and discharge Patagonia Fly Fishing Lodge for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Patagonia Fly Fishing Lodge, whether caused by the fault of myself, my family, Montana Fly Fishing Lodge or other third parties such as Fly Fishing guides. HEREBY agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of Montana State and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. FEES. I agree to pay for all damages to the facilities of Patagonia Fly Fishing Lodge caused by any negligent, reckless, or willful actions by me or my family.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Patagonia Fly Fishing Lodge has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
9. ENFORCEABILITY. The invalidity or un-enforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to
this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by
negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR)
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire
dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the
rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be
entered upon it by any court having proper jurisdiction.
By signing or otherwise signifying your agreement with this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational activity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY ALL INCLUSIVE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.