Release of Liability & Assumption of Risk

Release of Liability and Assumption of Risk Agreement

Read this document carefully before using the Rapala Fishing platform. This document affects your legal rights and responsibilities.

1. Assumption of Risk

You acknowledge and understand that fishing, boating, and water activities carry significant risks including but not limited to:

• Drowning and water-related injuries
• Hypothermia and cold water exposure
• Boat-related accidents and capsizing
• Equipment failures and malfunctions
• Hook and line-related injuries
• Weather-related hazards
• Exposure to sun, wind, and elements
• Encounters with wildlife
• Slip, trip, and fall hazards on boats or docks
• Fatigue and physical exertion-related injuries

By using the Rapala Fishing platform and engaging in fishing activities, you voluntarily and knowingly assume all risks associated with these activities.

2. Platform Information is Informational Only

You acknowledge that:

• Depth Calculations: May be inaccurate, out of date, or incomplete. Do not rely solely on app depth data for navigation or safety.
• Thermocline Estimates: Are theoretical estimates only. Actual water conditions vary significantly and can change rapidly.
• Weather Data: Is provided for reference only. Always check official weather forecasts and alerts. Platform weather data may be inaccurate or delayed.
• Fish Location Data: Is based on historical patterns and user reports. Actual fish locations are unpredictable and cannot be guaranteed.
• Equipment Recommendations: Are informational suggestions only. We are not responsible for equipment performance, failure, or safety.

3. Emergency Features are Supplementary Only

The Rapala Fishing platform includes emergency alert and SOS features. You acknowledge and understand:

• Emergency features areNOT a substitute for professional emergency services
• SOS features are supplementary assistance tools only and may fail to transmit or reach help
• Service interruptions, network failures, or device malfunctions may prevent emergency alerts from being sent
• Always carry proper safety equipment including life jackets, signaling devices, and communication tools
• In an emergency, call 911 or local emergency services immediately rather than relying on app features

4. Data Accuracy Disclaimer

While we strive to provide accurate information, Rapala makes no warranty regarding:

• Accuracy of any provided data or calculations
• Completeness or timeliness of information or emergency services
• Integration with third-party services
• Fitness for any particular purpose
• Non-interruption or error-free operation

You use all platform data and features at your own discretion and risk.

5. Professional Judgment Required

Platform data should never replace:

• Official weather and marine forecasts
• Navigation charts and GPS devices
• Professional safety guidance
• Your own judgment and experience
• Communication with coast guard or local authorities
• Professional fishing guides

You assume responsibility for making all decisions while fishing and assume all consequences of those decisions.

6. Release and Hold Harmless

To the fullest extent permitted by law, you hereby release, waive, and discharge Rapala Fishing Inc., its officers, employees, agents, and representatives from any and all claims, actions, damages, or liabilities, including claims arising from negligence, arising from or relating to:

• Your use of the Rapala Fishing platform and its features
• Any inaccurate or incomplete information provided
• Any injury, death, or property damage while fishing
• Equipment failure or malfunction
• Failure or inability of emergency features to function or reach help
• Third-party services or integrations
• Loss of data, fishing logs, or personal information
• Service interruptions or unavailability

7. Indemnification

You agree to indemnify and hold harmless Rapala Fishing Inc., its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your use of the platform
• Your violation of these terms
• Your fishing activities
• Your negligence or misconduct
• Injuries or damages you cause to others

8. Limitation of Liability

To the fullest extent permitted by law, Rapala is not liable for any damages of any kind (direct, indirect, incidental, special, consequential, or punitive) arising from your use of the platform or your participation in fishing activities.

This includes damages for injury, death, property damage, lost profits, lost fishing opportunities, or any other loss whatsoever, even if Rapala has been advised of the possibility of such damages.

9. Your Responsibility for Safety

You are solely responsible for:

• Wearing appropriate personal flotation devices (PFDs)
• Carrying proper safety equipment
• Assessing weather conditions and water safety
• Maintaining communication devices
• Following all boating and fishing regulations
• Your physical fitness and capability
• Obtaining required licenses and permits
• Informing others of your fishing plans
• Emergency preparedness

10. Your Acknowledgment

By accepting this waiver, you acknowledge that you:

• Have read and fully understand this Release of Liability
• Understand the risks involved in fishing and water activities
• Voluntarily assume all risks associated with using the platform and fishing
• Release Rapala from liability for any damages or injuries
• Have had the opportunity to consult with legal counsel if desired
• Are legally competent to sign this waiver

11. Severability

If any portion of this waiver is found to be unenforceable, the remaining portions shall remain in full force and effect.

12. Governing Law

This waiver is governed by the laws of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising from this waiver shall be resolved in Ontario courts of competent jurisdiction.

13. Notice to Quebec Residents

For residents of Quebec: Pursuant to article 1474 of the Civil Code of Québec, a person may not exclude or limit liability for material injury caused to another through intentional or gross fault. This waiver shall be interpreted accordingly for Quebec residents, and any provisions that purport to waive liability for gross fault or intentional misconduct are void to the extent prohibited by Quebec law. Quebec residents retain all rights granted under the Civil Code and Quebec's Act respecting the protection of personal information in the private sector (Law 25).

14. Minors

This waiver may not be enforceable against individuals who are minors (under 18 years of age) at the time of acceptance. Parental or guardian consent does not extinguish a minor's independent right to bring claims. If you are under 18, we recommend that a parent or legal guardian review this waiver with you. Users must be at least 13 years of age to use this platform.