Choose the activity you guide and the state you operate in. The generator writes a participant agreement with assumption of risk, a release, medical and emergency details, a guardian section for minors and an optional photo release. It is a starting point for a lawyer in your state to review, not legal advice.
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The risk language follows the activity; the governing-law line follows the state. Everything else is the structure a participant agreement needs.
Not legal advice. A starting point for your lawyer.
This is a starting point, not legal advice. Liability waivers are governed by state law: some states limit or refuse to enforce a release of a business's own negligence, most read releases strictly, and rules for minors differ widely. Have an attorney licensed in your state review and adapt this before anyone signs it.
Montana limits or closely scrutinises pre-injury releases of a business's own negligence. The assumption-of-risk, medical and guardian sections still matter; ask your attorney what the release can do here.
Square-bracket placeholders and signature lines are left for you to fill. In Treka, paste the attorney-approved version as the waiver for your trips and every guest in a booking signs it on their phone before the day.
Template
Copy templateThis agreement is between the participant named below ("I" or "me") and [BUSINESS NAME], its owners, employees, guides, contractors, volunteers and agents (together "the Operator"). I am signing it in exchange for being allowed to take part in guided fishing and related transport, instruction, meals and lodging arranged by the Operator (the "Activity").
Guided fishing is a hazardous activity. The risks include, but are not limited to: slips, trips and falls on wet decks, rocks, river beds and boat ramps; drowning, cold-water immersion and hypothermia; injury from hooks, knives, lines, rods and fish; boat operation, wakes, collisions, grounding and mechanical failure; sun exposure, dehydration, lightning and sudden changes in weather, tide and current. Some of these risks cannot be removed without destroying the character of the Activity, and some arise from the negligence of the Operator, other participants or third parties, from equipment failure, or from my own actions.
I understand that the Operator's guides make judgment calls about weather, conditions, routes and my ability, that those calls can be wrong, and that the Activity can be changed, shortened or cancelled at any time for safety.
I choose to take part knowing these risks. I accept full responsibility for any injury, illness, death, or loss of or damage to property that I suffer as a result of the Activity, including risks I have not thought of and risks that arise from ordinary negligence, to the fullest extent the law of the state named below allows.
I can swim, or I have told the guide that I cannot, and I will wear a personal flotation device whenever the guide requires it.
To the fullest extent permitted by law, I release, waive and discharge the Operator from any and all claims, demands and causes of action, whether in contract, tort or otherwise, that I or my heirs, assigns, personal representatives or estate may have for personal injury, death, or property loss arising out of my participation in the Activity, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE OPERATOR. I agree not to sue the Operator on any claim this agreement releases.
This release does not apply to gross negligence, recklessness or intentional misconduct where the law does not allow such claims to be released.
I agree to indemnify and hold the Operator harmless from any loss, liability, damage or cost, including reasonable attorney fees, that the Operator incurs because of my participation in the Activity or because of a claim brought by me or on my behalf that this agreement releases.
I authorize the Operator to obtain emergency medical care, evacuation and transport for me if, in a guide's judgment, it is needed, and I agree to pay the cost of that care and transport. I understand the Operator does not carry insurance that covers my medical expenses or evacuation. I have disclosed below every medical condition, medication and allergy that could affect my safety or the safety of others, and I am not aware of any condition that makes the Activity unsafe for me.
Emergency contact name: ____________________ Relationship: ____________________ Phone: ____________________
Medical conditions, medications and allergies (write "none" if none): ____________________________________________
I will use the safety equipment the Operator provides or requires, follow the guides' instructions, and tell a guide at once if I am unwell, uncomfortable with a situation, or notice a hazard. I am responsible for Operator equipment I lose or damage through misuse. I will not take part under the influence of alcohol or drugs.
I grant [BUSINESS NAME] permission to use photographs and video of me taken during the Activity in its marketing, website and social media without payment. I may withdraw this permission for future use by writing to the Operator. [ ] I agree [ ] I do not agree
This agreement is governed by the laws of Montana, and any dispute will be brought in the courts of Montana. If any part of this agreement is found unenforceable, the rest remains in force. This is the whole agreement between me and the Operator about the risks of the Activity; nothing said to me changes it. I have read it, I understand that by signing I give up substantial legal rights, and I sign it voluntarily.
Participant name: ____________________ Date of birth: ____________ Signature: ____________________ Date: ____________
I am the parent or legal guardian of the minor named above. I have read this agreement, I have explained the risks of the Activity to the minor, and I consent to the minor taking part. On my own behalf and, to the extent the law allows, on behalf of the minor, I agree to every term above, including the assumption of risk, the release and the indemnity, and I agree to indemnify the Operator for any claim brought by or on behalf of the minor.
I understand that the law on a parent's power to release a minor's claims differs by state and that this section may be unenforceable in some states; the remaining sections still apply to me.
Parent or guardian name: ____________________ Signature: ____________________ Date: ____________
Not legal advice. A starting point for your lawyer.
This is a starting point, not legal advice. Liability waivers are governed by state law: some states limit or refuse to enforce a release of a business's own negligence, most read releases strictly, and rules for minors differ widely. Have an attorney licensed in your state review and adapt this before anyone signs it.
Book a demoStart free, 30 daysHow it works
A participant agreement does three jobs. It tells the guest, in plain words, what can go wrong, so that they take part knowing the risks. It records their agreement to accept those risks and, as far as the law of your state allows, to release you from claims. And it collects what a guide needs in an emergency: a contact, conditions, medications and allergies. The first and third jobs hold up everywhere. The second depends on your state. A few states will not enforce a release of a business's own negligence, most read releases strictly and against the business that wrote them, and the rules for signing on behalf of a minor vary widely.
That is why this is a template and not a document. It gives you a complete, well-organised starting point with risk language written for your activity; an attorney licensed in your state turns it into something you can rely on.
Paper waivers get signed at the trailhead by people who are already late. In Treka the waiver goes out with the booking confirmation, every guest in the party signs it on their phone before the day, the guide's roster shows who has and who has not, and the signed copy is stored against the booking. Your wording, your branding, no clipboard.
Copy the template, send it to a lawyer in your state, then paste the approved version into Treka as the waiver for your trips. Book a demo if you want to see the signing flow on a phone.
FAQ
Something else? Ask the people who built it.
Talk to usNot as generated. Waiver enforceability depends on state law and on the exact wording, and the rules for minors differ widely. Have an attorney licensed in your state review and adapt the template before anyone signs it.
In Treka, yes: the waiver is collected from every guest in a booking, not just the person who paid, and the roster shows who still owes a signature.
Yes. Paste your attorney-approved text as the waiver for a trip or for the whole company; it is sent with the confirmation and signed online.
The template includes a parent or guardian section. Whether a parent can release a minor's claims varies by state, which is one of the questions to put to your attorney.
See it on your own trips
Deposits, waivers, guide pay and the policy you just wrote, running on your trips rather than in a calculator.
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