This agreement by and between Mending Waters Montana Fly-Fishing, Inc., (MWM), and “Veteran User”, will take effect on the day of reservation and will continue for a period of one day from date of the agreement. WHEREAS, MWM, Inc., owns certain property described as a Drift Boat with trailer, (“Equipment”), and which is normally used for fly-fishing on the Missouri River, and WHEREAS, Veteran User desires to use the Equipment for the purpose of fly-fishing on the Missouri River, and WHEREAS, MWM, Inc., has agreed to allow Veteran User to use the Equipment provided that the following terms and conditions are met.
Description of Equipment:
- Drift Boat
- Anchor Rope
Type of Use:
- Use is restricted to floating on the Missouri River between Holter Dam and the Cascade FAS.
- No boat rental will occur if the river’s cubic feet per second (cfs) reading is greater than or equal to 12,000cfs as per the USGS monitoring reading from Holter Dam, near Wolf Creek, MT.
Purpose of Use: Fly-fishing and floating the Missouri River. No utilization of the drift boat for hunting purposes is permitted.
It is Therefore Agreed By and Between the Parties:
- Use of the Equipment is restricted to US Military Veterans.
- MWM, Inc., agrees to let Veteran User use the above described Equipment only for the above described purpose and for one day per reservation.
- Veteran User reservation is restricted to two consecutive days and no more than three total days in any 30-day consecutive period.
- Veteran User agrees not to use the Equipment for any unlawful purposes, and will obey all laws, rules, and regulations of all governmental authorities while using the Equipment. Veteran User also agrees to use the Equipment in a careful and proper manner. Failure to do so will result in the Veteran User from ever using the Equipment again.
- Veteran User agrees not to use the Equipment for any purpose that is contrary to the mission, purpose, or belief of MWM, Inc.
- Use of the Equipment is not permitted for any commercial or business purpose.
- Use of the Equipment is not permitted by any other organization (profit, non-profit or not-for-profit) without prior written approval by the President, MWM, Inc.
- Veteran User shall report any damages upon return. Failure to do so will result in the inability to use the Equipment in any future date.
- Veteran User will clean the Equipment upon return (i.e. spraying down the boat, removing trash, debris in the boat such as old tippet, leader, vegetation, etc.). Failure to do so may result in the inability to use the Equipment in any future date.
- Insurance Requirements. MWM, Inc., maintains all appropriate levels of Equipment insurance.
LIMITATION OF LIABILITY
Veteran User agrees to hold harmless, indemnify and defend equipment owner (including MWM, Inc., volunteers, and representatives) from any and all liability for injury or damage including, but not limited to, bodily injury, personal injury, emotional injury, property damage, or financial damage, which may result from any person using the equipment while the equipment is in the care of Veteran User, regardless of whether such injury or damage results from the negligence of the MWM, Inc., (including equipment owner’s agents, employees and representatives) or otherwise.