Terms and Conditions
1. By signing below, I agree that, if my application for membership is accepted, notwithstanding the use of the term “member” or the term “club”, I am a sub-licensee of Private Water Fishing (PWF) under it’s licenses to use the various water bodies which will be available to me for fishing and hunting purposes, pursuant to Leases between PWF, or its predecessor, successor, assignor, or assignee, and the various owners of the land (the Landowners”) on which the water bodies are located. I agree that the fishing and hunting leases are for differing terms and that the availability of various water bodies and land may change or that specific water bodies may become unavailable during the term of the agreement. I agree that this application is in the nature of an offer to PWF under which, if accepted, I will become a sub-licensee as specified above.
2. I agree that the term of this agreement shall be one year from the date of acceptance set forth below and that upon acceptance of my payment of the renewal fee in effect at that time, the term of this agreement shall renew for another year upon the same terms and conditions.
3. I agree to abide by all terms of this Membership Agreement, as well as by the Membership Conduct and Club Regulations.
4. I agree not to contact, lease, or provide any compensation, without the written consent of Private Water Fishing, the landowners of the landowner(s) agents of any properties that Private Water Fishing has written or oral agreements for the purpose of fishing, hunting, or any other outdoor activity. I understand that Private Water Fishing has lease agreements with various landowners and will not arrange separate agreements.
5. I agree that if PWF determines that I have violated this agreement or any of the regulations set forth on the reverse hereof, it can terminate this agreement and my rights as a sub- licensee, without reimbursement to me of any funds which I previously have paid.
6.I agree to grant to Private Water Fishing and its authorized representatives permission to record on photography film and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future publications, brochure, or other printed/electronic materials used to promote Private Water Fishing, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
7. RELEASE OF LIABILITY AND ASSUMPTION OF RISK. In consideration of being allowed to use the various water bodies and land of PWF for fishing or hunting, I HEREBY ACKNOWLEDGE ON BEHALF OF MYSELF AND MY MINOR CHILD, IF APPLICABLE, THAT THE RISK OF INJURY RELATING TO PERFORMANCE OF THIS AGREEMENT AND MY VISIT TO OR USE OF THE WATER BODIES AVAILABLE TO ME AS A SUB- LICENSEE OF PWF IS SIGNIFICANT, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY AND DEATH. ON BEHALF OF MYSELF AND MY MINOR CHILD, IF APPLICABLE, I KNOWINGLY AND VOLUNATRILY ASSUME SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF PRIVATE WATER FISHING AND ITS AGENTS, EMPLOYEES, ATTORNEYS, OFFICERS, AND DIRECTORS (THE RELEASED PARTIES). ON BEHALF OF MYSELF AND MY MINOR CHILD, IF APPLICABLE, I HEREBY FURTHER AGREE TO AND DO RELEASE, HOLD HARMLESS, AND INDEMNIFY AND AGREE TO DEFEND THE LANDOWNERS AND PWF AND ITS AGENTS, EMPLOYEES, ATTORNEYS, OFFICERS, AND DIRECTORS (THE RELEASED PARTIES) FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS, OR EXPENSES, INCLUDING CLAIMS FOR WRONGFUL DEATH, PERSONAL AND BODILY INJURY (INCLUDING PERMANENT DISABILITY OR PARALYSIS), OR PROPERTY DAMAGE, RELATING TO OR RESULTING FROM ANY OF THE FOLLOWING: (I) THE ORDINARY OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ME OR ANY OF THE RELEASED PARTIES, (2) ANY INTENTIONAL TORT COMMITTED BY ME OR ANY OF THE RELEASED PARTIES, (3) ANY STRICT LIABILITY THEORY UNDER WHICH I OR ANY OF THE RELEASED PARTIES MIGHT BE LIABLE FOR SUCH DAMAGES, CLAIMS, DEMANDS OR EXPENSES, OR (4) PERFORMANCE OF THIS AGREEMENT BY ME OR PWF, INCLUDING MY UTILIZATION OF, AND FISHING OR HUNTING UPON, THE VARIOUS WATER BODIES AND LAND AVAILABLE TO ME AS A SUB-LICENSEE OF PWF. Each instance of my visit to or use of any of the water bodies or land of PWF shall constitute my ratification and re-affirmation of the previous provision releasing, holding harmless, indemnifying, and agreeing to defend the Released Parties. ON BEHALF OF MYSELF AND MY MINOR CHILD, IF APPLICABLE, I FURTHER AGREE THAT I WILL NOT SUE OR MAKE ANY CLAIM AGAINST ANY LANDOWNERS OR ANY INDIVIDUAL, ENTITY, OR GROUP INVOLVED WITH PWF NOW OR IN THE FUTURE CONCERNING ANY INJURY OR DAMAGE (INCLUDING WRONGFUL DEATH, PERSONAL INJURY OR PROPERTY DAMAGE) RELATING TO OR RESULTING FROM PERFORMANCE UNDER THIS AGREEMENT OR MY USE OF, AND FISHING UPON, THE WATER BODIES OR LAND AVAILABLE TO ME AS A SUB-LICENSEE OF PWF. On behalf of myself and my minor child, if applicable, I hereby waive the right to any notice of defects, latent or patent, or dangerous conditions, reasonable or unreasonable, which may exist upon any water bodies or land. I also agree that, notwithstanding the termination or expiration of the term of this agreement, the covenants herein to indemnify, hold harmless, defend and release the Released Parties shall expressly survive the termination of this agreement, the same are severable, and that but for my agreement to indemnify, hold harmless, defend and release certain parties as set forth herein, Private Water Fishing would not accept the offer represented by this application.
8. It is the parties’ intention that this Agreement shall be enforceable in accordance with its terms and that it comply with all applicable laws. If any clause or provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then the remainder of this Agreement shall not be affected thereby and in lieu of such clause or provision, there shall be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable.
Private Water Fishing
701 N. Central Expressway
Building 3, Suite 200
Richardson, TX 75080
Fax: (214) 871-0742
Club Rules and Conduct Agreement
MEMBERSHIP CONDUCT AND CLUB REGULATIONS
Private Water Fishing Conduct and Club Regulations ensure that every member enjoys the benefits of the Club waters. All members agree to comply with these conduct rules and regulations when they sign their Membership Agreement. Failure to adhere to the following regulations can result in membership termination and, in the case of trespass, criminal prosecution.
FISHING BY ADVANCED RESERVATION ONLY Members must use the online reservation system or, contact the Club Office to reserve a site before fishing. In most cases reservations need only be made 24 hours in advance. Reservations may be requested with less than 24 hour notice, but availability may be limited (See cancellation policy below). At the time of reservation, the member will receive an email confirmation and confirmation number. This confirmation number must be displayed on the dashboard of the member's vehicle. This confirmation identifies Private Water Fishing members to the landowner and verifies their right to enter Club sites. The Club reservation policy ensures a quality experience for all our members. Any person on Club sites without a valid reservation and authorization number will be guilty of trespass and will be subject to criminal prosecution. Entering Club sites without a valid reservation and authorization number is also grounds for membership termination. The membership initiation fee will not be refunded.
RESERVATION TIME FRAMES Members may reserve a lake for a full day, 1/2 day AM or 1/2 day PM. A full day reservation is sunrise to sunset, 1/2 day AM is sunrise to noon, and 1/2 day PM is noon to sunset. If you are on a club property outside of the time frame of your reservation, you are considered to be trespassing and will be subject to criminal prosecution. Entering Club sites outside of the time frame of your reservation, or without a valid reservation and authorization number, is also grounds for membership termination. The membership initiation fee will not be refunded. Absolutely no night fishing is allowed.
RESERVATION CANCELLATION OR MODIFICATION Cancellations made more than 72 hours before the start of the reservation will be billed a $20 cancellation fee. Cancellations made within 72 hours of the start of the reservation will be billed 50% of the reservation total. Cancellations within 24 hours of the start of the reservation will be billed 100% of the reservation total. Modifications of DATE within 72 hours will be billed at 50%, and modification of DATE within 24 hours will be billed at 100% of reservation total. This total will be listed on the reservation as a “Modification Fee.” Modifying any aspect of a reservation other than the DATE will NOT result in a modification fee.
WEATHER RELATED CANCELLATION Members may cancel within 72 hours of a reservation at no charge when weather is an issue. Winds greater than 20 MPH, gusting winds greater than 30 MPH, heavy rain, and thunderstorms are considered grounds for weather related cancellation. Rain/Wind meeting these requirements for 2 or more hours during a half day reservation, or 4 or more hours during a full day reservation will result in no cancellation fee being charged. This must be substantiated through darksky.net.
MINORS All minors, (children 18 and under), must be accompanied by an adult when visiting Club sites. One adult must accompany every two minors at all times.
FIREARMS Absolutely no firearms will be allowed on any Club site.
ALCOHOL Alcohol policies vary from site to site. Some sites allow no alcohol use due to the owner’s request.
GATES Many of our properties have gates. Gates are used to keep trespassers out and cattle in. In some cases, our properties have cross fencing, which means there may be gates within the ranch and not just the initial front gate. ALL gates must be left the way you found them. Locked gates should be locked behind you. Open gates may be left open, and closed gates should be closed behind you. Even if you don't see cows in the pasture, it does not mean you may leave a closed gate open. When in doubt close the gate.
LITTER All litter and trash must be handled on a pack in - pack out basis, which means everything you take on a site must be removed when you leave. Be sure to pack garbage bags and use them accordingly. The next member to visit a site should find it as clean as you did. If you ever arrive at a site with litter, call the Reservation Office as soon as possible. We will know who reserved the site last. We will investigate and arrange a clean-up. Those who litter will be fined.
CATCH AND RELEASE POLICY Catch and release is not just a good idea, it is mandatory for Club membership. Catch and release ensures a plentiful, healthy bass population for all Club members to enjoy. If you land a trophy bass while on club waters, feel free to take a photo before releasing it. Be sure to send a copy of the photo along with the weight and length to the Reservation Office for inclusion in our membership newsletter. On some properties, we require the removal of small bass under a certain slot limit. Information on harvest requirements, if applicable, can be found in the "Requirements" section of each property's web page. No bluegill or other sunfish should be removed from any Club lake.
LURES AND FLIES ONLY In keeping with the catch and release policy, only lures, artificial bait, and flies are allowed. Live bait is prohibited. The use of barbless hooks is strongly encouraged.
CROPS AND LIVESTOCK Many of our sites are located on farm and grazing land. It is extremely important that all gates are closed when entering and leaving all Club sites. Please leave all gates as you find them (closed gates stay closed, open gates stay open, locked gates stay locked). Do not approach any livestock that may be in the site area. Supervise children and instruct them to stay away from livestock. Be aware of crops. Stick to the paths on the maps provided and camp only in designated camping areas. Pets are not allowed on fishing reservations.
NO HARM OF WILDLIFE Absolutely no hunting privileges are included in Club membership. There will be no harm or killing of wildlife of any type, including turtles, frogs, snakes, spiders, etc. Failure to comply with this rule will result in immediate membership termination.
LEAVE SITES INTACT Many Club sites have been selected for their scenic beauty. To preserve them for all members to enjoy, absolutely nothing is to be taken away from any Club site. Please do not remove rocks, foliage or wood from the site. All arrowheads, pottery shards, and old buildings which may be on the site are the property of the landowner and are not to be removed from the site for any reason.
CAMPING AND CAMP FIRES Camping is prohibited on Club sites unless specifically allowed in the individual site entry. Where overnight camping is permitted, some camping areas are generally unimproved- without electrical hook-up's or running water. Absolutely no camp fires are allowed on any Club sites. Members are welcome to use gas grills or Coleman stoves.
SANITATION FACILITIES Sanitation facilities vary from site to site. As some properties also support hunting leases, hiking trails and camping areas, please do not use the area indiscriminately. On all sites proper wilderness sanitation disposal must be practiced. All human waste and toilet paper should be removed from the property, or buried away from any buildings or structures (boat ramps, sheds, barns, etc.) at least 6" below ground level.
GUEST POLICY Private Water Fishing welcomes guest anglers when accompanied by an active club member. Guest Membership Agreements can be found at the bottom of our home page of our web site. The Guest Membership Agreement must be completed and submitted to the Reservation Office prior to the date of the trip. The Guest Membership Agreement will inform members and guests of Club conduct and regulations. In addition to the day fishing rate, guests must pay an additional $15.00 to fish Club waters. Active members may bring as many guests as they would like but no one guest may visit more than three times in one year.
SITES ARE PATROLLED Club security and landowners will check to make sure that the only subjects on the property are members and guests whom are listed on a valid reservation. Failure to comply with this will result in immediate expulsion from the site. Using the site without a valid reservation is considered trespassing and will expose the violator to criminal prosecution.
RESPECT SITE PROPERTY Members and guests agree to respect all rights of the landowners who are allowing us to use their land and fish their waters. Members will be personally responsible for any damage caused to the property during their visit to the site.
MEMBERSHIP CONDUCT AND REGULATION CHANGES Private Water Fishing reserves the right to change any of its membership conduct and regulations with written notice to the membership. Publication in the newsletter will be deemed adequate written notice.
MEMBERSHIP TERMINATION Private Water Fishing reserves the right to terminate the membership of any member without stated reason, by notifying the member of the termination in writing. If membership termination occurs, the Membership Initiation Fee may not be refunded.