This Waiver, Release and Assumption of Risk (“Agreement”) is a condition precedent to being permitted to participate in any North Florida Redfish Series (“NFGFC”) event, including but not limited to tournaments, weigh-ins , socials and captain’s meetings (“Tournament”). In consideration of the benefits to be derived from participation and for other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, I, the undersigned, for myself and on behalf of my team member(s), including any minor’s, (collectively or individually the “Team”), agree as follows:
A.WAIVER. In order that my Team may participate in any Tournament, I forever waive my rights and those of my Team for any injury (including death) that the Team may suffer arising out of or related to participation in the above described Tournament. THE TEAM FOREVER RELEASES AND DISCHARGES the NFRS, its directors, officers, members, representatives, sponsors (including but not limited to the featured sponsor), or other associated or participating individuals or entities (collectively the “Released Parties”) from any and all liabilities, claims, demands, suits, causes of action, expenses and costs (“Claims”) that the Team may hereafter have for Injuries (including death), damages or losses (“Damages”).
B. INDEMNIFICATION. I agree to INDEMNIFY AND HOLD the Released Parties, their families, spouses and employers from any and all Claims, including attorney's fees, arising from any act, omission or negligence pertaining or related to the operation or planning of the Tournament, or my Team’s participation therein. Furthermore, I agree to indemnify and hold harmless the Released Parties, their families, spouses and employers from any Claims arising from my Team’s failure to comply with this Agreement or breach of Warranty set forth below.
C.LIMITION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE NFGFC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNTITIVE DAMAGES WHETHER IN AN ACTION ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN THE NFGFC HAS BEEN APPRAISED OF THE LIKELIHOOD OF SUCH DAMAGES.
D. WARRANTY. I WARRANT AND REPRESENT that my Team will at all times during the Tournament, including travel to or from Tournaments comply with all applicable Federal, state or local laws and regulations, including but not limited to fishing regulations and size limits as well as the operation of motor vehicles (including both automobiles and vessels). My Team will act with the highest level of integrity not engage in activity or conduct that would reflect poorly upon the NFRS or its sponsors.
E. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. All disputes and matters whatsoever arising under, in connection with or incident to this Agreement shall be litigated, if at all, in and before a court located in Leon County, Florida, to the exclusion of the courts of any other state or country.
F. SEVERABILITY. I agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted under the laws of the State of Florida. If any portion of this Agreement is held invalid, it is agreed that the interpreter will replace the invalid provision with similar, alternative language that is as favorable to the NFRS as allowable under applicable law. Notwithstanding the foregoing, the balance of the provisions shall continue in full legal force and effect.
G. AUTHORITY. I REPRESENT THAT I is at least 18 years of age, and that I have authority to act on behalf of my Team in addition to or any guest I accompany or invite to the Tournament.
I ACKNOWLEDGE AND AGREE THAT THE TOURNAMENT IS A RECREATIONAL ACTIVITY I AM VOLUNTARILY PARTICIPATING IN AND THEREFORE ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF DAMAGES ARISING FROM MY THE PARTICIPATION OF MY TEAM. I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND UNDERSTAND THE LEGAL CONSEQUENCES OF SIGNING BELOW. I FURTHER ACKNOWLEDGE THAT NO ORAL REPRESENTATIONS CONCERNING THE MEANING OF THIS DOCUMENT HAVE BEEN MADE TO ME AS AN INDUCEMENT TO SIGNING THIS DOCUMENT. I AM SIGNING THIS DOCUMENT FREELY AND VOLUNTARILY, AND I INTEND BY MY SIGNATURE FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.