Fishing League and its Tournaments RELEASE AND WAIVER OF LIABILITY

For consideration of participation in the Fishing League with year round events commencing November 1st, 2017, I waive and release Ocean Warfare, LLC (“OW”), a Florida Limited Liability Company, its chapters, directors, managers, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, participants, all city and state governments, assigns, all sponsors, their representatives and successors (collectively, the “Releasees”), from any and all claims, liabilities, or cause of actions arising out of an injury to me (or my child) and from any and all claims, liabilities, or cause of actions arising from my (or my child’s) participation or attendance in this league and its tournaments. 


Inherent and Potential Risks
I understand that the Fishing League and its Tournaments involve strenuous physical activity associated with any and all forms of fishing. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in the Fishing League and its Tournaments relating to the risk of strenuous physical activity. I acknowledge that I may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume risks from contact with other participants, negligent or wanton acts of other participants, failure of other participants and non-participants from observing the guidelines of the Fishing League and its Tournaments, any defects of conditions of premises (including high or low water levels and rough waters), and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity and any other Acts of God.


I agree to dress myself (or my child) appropriately as to mitigate risk of physical injury to myself (or my child) including, but not limited to: wearing shoes appropriate for strenuous physical activity involved in the Fishing League and its Tournaments; and dressing in conjunction with the weather. I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after the Fishing League and its Tournaments.


Medical Evaluation
I attest that I (or my child) am medically and physically able to participate in the Fishing League and its Tournaments. If I experience any doubt as to my (or my child’s) ability to successfully and safely participate in and/or complete the Fishing League and its Tournaments, I take full responsibility for consulting a physician. I attest that, if I (or my child) am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my child) should have or did consult a physician prior to participating in the Fishing League and its Tournaments.

I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me (or my child) as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligence emergency rescue operations.


Voluntary Participation
I am fully aware of the risks connected with participation in the Fishing League and its Tournaments, whether specifically listed in this Release or not, and I voluntarily elect to participate in the Fishing League and its Tournaments knowing that this participation involves these risks


Assumption of Risk, Waiver of Liability, Release, and Covenant Not To Sue
In consideration for being permitted to participate in the Fishing League and its Tournaments, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:

1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me (or my child), or any loss or damage to property owned by me (or my child), as a result of participating in the Fishing League and its Tournaments.


2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or my child), or to any property belonging to me (or my child), while participating in the Fishing League and its Tournaments including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.

Acknowledgment and Compliance with Rules
I agree to observe and obey all rules and safety procedures that accompany the Fishing League and its Tournaments and to abide by any decision of an event official relative to my (or my child’s) ability to safely compete in the event. I agree to exhibit appropriate behavior at all times and to obey all laws. OW and event officials may dismiss me (or my child), without refund, should my (or my child’s) behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind. I understand and agree to stock my vessel with one Coast Guard Approved Personal Flotation Device (PFD) per passenger, including captain and crew, in accordance with Coast Guard Regulations. For vessels over sixteen feet long, a throw-able PFD (such as a boat cushion or life ring) must be on board.

Severability
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.

Photography Release
I hereby grant full permission to OW to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this event, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the the furtherance of the corporate objectives of OW. Further, I relinquish all rights, title, and interest in any and all photographs, motion pictures, recordings, or other records of the Fishing League and its Tournaments I may take or capture to OW.

By signing up on OceanWarfare.com, I acknowledge that I am either at least 18 years of age or the legal guardian of the participant(s) and represent that I have carefully read and understand all terms of this Release and Waiver of Liability.