Please read carefully. By signing, you waive certain legal rights, including the right to sue Tidewater Fly Fishing LLC, its members, and its employees.

1. EQUIPMENT CONDITION AND RENTAL TERM

The individual signing below (“Renter”) agrees to rent the equipment listed in their order confirmation from Tidewater Fly Fishing LLC (“Company”). Renter accepts the equipment “AS IS” and in good working order. Renter assumes full responsibility for inspecting the equipment prior to use and must notify the Company immediately of any discovered defects.

2. ASSUMPTION OF RISKS (WILDERNESS, TRANSIT, FISHING & ALASKA TIDES)

Renter freely and expressly assumes all risks associated with the rental, transportation, and use of this equipment, both known and unknown. Renter acknowledges that outdoor recreation in Alaska involves unpredictable dangers, including but not limited to:

● Wilderness Hazards: Drowning, slipping on rocks, hypothermia, wilderness exposure, and encounters with wildlife (including bears). Renter agrees to wear wading belt at all times when in or near the water.
● Sharp hooks flying through the air: Renter acknowledges that fly fishing involves sharp hooks traveling at high speeds. Renter agrees that wearing proper eye protection (sunglasses, polarized glasses, or safety lenses) is strictly required at all times while fishing. Company advises pinching hook barbs. Renter assumes all medical and legal risk for any physical or eye injuries resulting from a failure to wear eye protection.
● Extreme Alaska Tides: Southeast Alaska experiences rapid, severe tidal fluctuations and powerful currents. Renter certifies they are entirely responsible for tracking local tide charts and planning activities to avoid becoming stranded or submerged. All gear should be left within sight above the tide line.
● Transit and Vehicle Cargo: Equipment failure, including the structural failure, failure of tie-downs, or physical detachment of roof racks and securement mechanisms while vehicles are in motion or traveling at normal driving speeds.

3. RELEASE OF LIABILITY AND INDEMNIFICATION

● Release: Renter hereby RELEASES, WAIVES, AND DISCHARGES Tidewater Fly Fishing LLC, its owners, members, and employees from any and all liability, claims, or demands for personal injury, wrongful death, or property damage arising out of the selection, rental, securement, transportation, tidal entrapment, or use of the equipment. This applies to ordinary negligence but excludes gross negligence or willful misconduct.

● Indemnification: Renter agrees to INDEMNIFY AND HOLD HARMLESS Tidewater Fly Fishing LLC from any claims, lawsuits, damages, or legal fees (including attorney fees under Alaska Civil Rule 82) brought by third parties arising from the Renter’s use, transportation, or installation of the rented equipment. This means if a rented item falls off your vehicle or causes injury to a bystander, you (the Renter) are responsible for defending and paying for those claims, not the Company.

4. FLY ROD CARE AND HANDLING RESTRICTIONS

Fly rods are fragile equipment prone to breaking if mishandled. Renter agrees to the following care protocols and assumes full financial responsibility for breaks resulting from non-compliance:

● Transport: Fly rods must be fully broken down and stored inside their provided hard travel cases during all vehicle, boat, or foot transit. Rods must never be transported fully assembled on vehicle roofs, in truck beds, or rigged inside cabins unless using an approved, locked rod vault system. Always walk with the rod tip straight up in the air or trailing behind you. Never walk with the rod tip low and in front of you.
● Snag Removal: If a line becomes snagged on brush or underwater debris, Renter must never pull or jerk the snag loose by bending or loading the rod. Renter must point the rod tip completely straight at the snag and pull back directly on the fly line by hand to break the knot loose safely.
● General Handling: Renter will avoid “high-sticking” (bending the rod past a 90-degree angle under load), placing rods on open gravel where they can be stepped on, or clearing rod tips through dense brush tip-first. Never hold the reel end of the rod up by the tip.
● Beware of car doors and trunks: Vehicle doors and tailgates are notorious rod-killers. Never lean your rod against a vehicle or place it near open doors or trunk hinges.

5. FINANCIAL RESPONSIBILITY FOR LOSS, DAMAGE, OR LATE RETURNS

Renter accepts full financial care and custody of the equipment. Renter authorizes Tidewater Fly Fishing LLC to charge the credit card on file for any applicable late fees (full daily rate applies for returns over 1 hour late). Furthermore, if equipment is lost, stolen, destroyed, submerged, snapped, or damaged beyond normal wear and tear, Renter authorizes Tidewater Fly Fishing LLC to charge the credit card on file for the full retail replacement or repair cost.

6. GOVERNING LAW AND SEVERABILITY

This Agreement is governed exclusively by the laws of the State of Alaska. If any specific clause is found invalid by a court, that clause shall be severed, and the remaining terms shall continue to be fully binding.

ACKNOWLEDGMENT AND SIGNATURE

By signing, I certify that I am at least 18 years of age, have read this entire agreement, understand I am giving up substantial legal rights.