Release and Waiver of Liability Agreement
(With Assumption of Risk and Indemnity)
Darryl Elliott Memorial Matagorda Slam
This Release and Waiver of Liability Agreement (With Assumption of Risk and Indemnity) (this "Release") is made by the person signing below, in his or her individual capacity and, if applicable, as the parent or legal guardian of the minor named below (the "Participant"). The Participant is being permitted to take part in the Darryl Elliott Memorial Matagorda Slam fishing tournament, crawfish cook-off, and related events, programs, and activities (the "Event"), including activities at Rusty Hook Ranch, 734 County Road 244, Bay City, Texas 77414 (the "Property"), on public waters, at weigh-in locations, and at any other location used for the Event.
The Property is owned by Allied Industrial Sales, Inc., a Texas corporation (together with its owner, Wade Bullard, the "Owner"). The Event is organized, sponsored, promoted, or conducted by Rusty Hook Ranch, Inc. and Hook Spit Junior Anglers Association (together, the "Organizers"). Signing this Release is required to enter the Property and take part in the Event. It takes effect when signed.
In consideration of being permitted to enter the Property and take part in the Event, the Participant, for himself or herself and for his or her heirs, assigns, personal representatives, and next of kin, agrees as follows:
1. RELEASED PARTIES. "Released Parties" means the Owner; the Organizers; Event sponsors, advertisers, and sponsoring agencies; owners and lessors of any premises or property used for the Event; each of their respective officers, directors, shareholders, owners, members, partners, managers, officials, employees, volunteers, agents, representatives, affiliates, successors, and assigns; other participants in the Event; and rescue personnel.
2. ASSUMPTION OF RISK. Participant understands that the Event, including fishing, boating, wading, operating watercraft and vehicles, cooking with open flame and propane, and attending large outdoor gatherings, involves inherent and significant risks, including serious bodily injury, temporary or permanent disability, paralysis, drowning, death, and loss of or damage to property. These risks may be caused by Participant's own actions or inactions; the actions or inactions of others; the condition of the Property, waters, structures, or equipment; weather and water conditions; the rules of the Event; delayed or negligent rescue; or the negligence of the Released Parties. Other risks may be unknown or not reasonably foreseeable. PARTICIPANT KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER PARTICIPATION.
3. PARTICIPANT'S REPRESENTATIONS AND RESPONSIBILITIES. Participant represents and agrees that Participant: (a) is qualified and physically able to take part in the Event; (b) has informed himself or herself about the Event and its conditions; (c) will wear appropriate safety equipment, including personal flotation devices where required by law; (d) will follow all Event rules and regulations, all rules of the Property, and all applicable federal, state, and local laws, as established or modified by the Owner and Organizers; (e) will not fish in the tournament or operate any boat, vehicle, or equipment while under the influence of alcohol or drugs; and (f) will remove himself or herself from any activity and immediately notify the nearest Event official if Participant observes any unusual or significant hazard.
4. RELEASE OF LIABILITY. PARTICIPANT FULLY AND FOREVER RELEASES AND DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, COSTS, EXPENSES, AND CAUSES OF ACTION, NOW KNOWN OR LATER DISCOVERED, FOR ANY INJURY, DISABILITY, DEATH, OR LOSS OF OR DAMAGE TO PERSON OR PROPERTY ARISING FROM OR RELATED IN ANY WAY TO PARTICIPANT'S ENTRY ONTO THE PROPERTY OR PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
5. COVENANT NOT TO SUE. Participant agrees not to sue any Released Party, or to start or assist any claim or lawsuit against any Released Party, for any matter released in this Release.
6. INDEMNIFICATION. PARTICIPANT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES from and against any losses, damages, claims, suits, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising from (a) Participant's participation in the Event or use of the Property, or (b) any injury, death, or damage that Participant causes in whole or in part through his or her negligence or intentional misconduct, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
7. NO DUTY TO SUPERVISE. The Released Parties have no duty to supervise any participant, spectator, or other person at the Event or on the Property, and are not responsible for their acts or omissions.
8. PERSONAL PROPERTY. Participant is solely responsible for any boats, vehicles, trailers, equipment, cooking gear, merchandise, inventory, displays, and personal belongings brought to the Event or onto the Property, including property owned by any business Participant represents. The Released Parties do not provide security for, and are not responsible for the loss, theft, or damage of, that property.
9. NO REPRESENTATIONS; "AS IS." The Owner and Organizers make no representations about the condition of the Property or any waters, or the safety of any structures or equipment. Participant accepts and uses them in their "AS IS" condition.
10. TRUTH VERIFICATION. Participant agrees to submit to a polygraph or other truth verification test if requested by the Organizers, and understands that refusing or failing the test, as determined by the Organizers, will result in disqualification and forfeiture of any prizes.
11. PRIZE WINNINGS AND TAXES. If Participant wins a prize or payout, Participant agrees to provide a correct taxpayer identification number (such as on IRS Form W-9) when required, and certifies that any number provided is correct.
12. PUBLICITY AND MEDIA RELEASE. Participant grants the Organizers, Event sponsors, and their assignees, licensees, and contracted media and production companies the unconditional right to use Participant's name, voice, photograph, likeness, biographical information, and fishing tips or instructions in any medium, including video, audio, print, online, social media, merchandise, advertising, and promotions related to the Event or the Organizers, without restriction as to changes or alterations and without royalties or any other compensation.
13. MINOR PARTICIPANTS. This section applies if the participant is under 18 years of age (the "Minor"). The parent or legal guardian signing below: (a) represents that he or she is the lawful parent or legal guardian of the Minor and is authorized to sign this Release on the Minor's behalf; (b) understands the nature of the Event and the Minor's experience and abilities, and believes the Minor is qualified to participate; (c) will instruct the Minor about the risks described in this Release, and to leave any activity and refuse to continue if anything appears unsafe; (d) consents to the Minor's participation and accepts all risks, known and unknown, on the Minor's behalf; and (e) on behalf of himself or herself and the Minor, gives every release, covenant not to sue, indemnity, and consent in this Release, including the publicity and media release, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. All other provisions of this Release apply to the Minor and are incorporated into this section.
14. ELECTRONIC SIGNATURE. Participant agrees that this Release may be signed electronically, and that an electronic signature, including a typed name or a signature drawn on a screen, has the same legal effect as a handwritten signature.
15. GOVERNING LAW AND VENUE. This Release is governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any action arising out of this Release must be brought exclusively in a state or federal court located in Matagorda County, Texas.
16. GENERAL TERMS. (a) Severability: if any part of this Release is held invalid or unenforceable, the rest remains in full force and effect. (b) No waiver: no waiver of any term is effective unless in writing and signed by an authorized representative of the waiving party, and failure to enforce any term is not a waiver of it. (c) Survival: this Release survives the end of the Event. (d) Entire agreement: this Release, together with the Event rules, is the entire agreement on its subject and replaces any prior agreements or communications; it may be changed only in a signed writing; and it binds and benefits the parties' successors, assigns, and legal representatives.
I HAVE READ THIS RELEASE AND THE EVENT RULES AND FULLY UNDERSTAND THEM. I HAD THE OPPORTUNITY TO CONSULT AN ATTORNEY BEFORE SIGNING. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, AND I SIGN THIS RELEASE FREELY AND VOLUNTARILY.