PARTICIPATION AGREEMENT, RELEASE AND ACKNOWLEDGEMENT OF RISK
This waiver and release covers all USA Fishing Trails tournaments and events. All contestants must sign this waiver prior to participating in a USA Fishing Trails event. In condition of USA Fishing Trails allowing me to participate, I acknowledge and agree as follows:
1. I have read and understand the description of the tournament and the official rules of this tournament. I will obey all rules and understand that any violation may result in immediate disqualification without refund of my entry fee. I also understand that tournament officials may reject my application for any reason and in that event will refund my entry fee.
2. I understand and acknowledge that competitive fishing is a dangerous sport, the risks of which include, though not exclusively, drowning, collisions in the water, and injuries from hooks and other fishing paraphernalia. I voluntarily assume responsibility for these risks, identified and not identified, and all risk of injury or death or damage to myself or my property or to others, including spectators and their property arising from my participation in the tournament.
3. I hereby release, discharge, and agree to hold harmless and indemnify USA Fishing Trails, its shareholders, officers, directors, agents and employees, the host, sponsors and tournament officials, and its partners, agents or employees, and all other persons or entities associated with the tournament from any and all liability, claims , demands, actions or rights of action which are related to, arise out of, or are in any way connected with my participation in this tournament, including specifically, but not limited to the negligent acts or omissions of USA Fishing Trails, its shareholders, officers, directors, agents or employees, the host, sponsors and tournament officials, and its partners, agents or employees and all other persons or entities associated with the tournament for any and all injury, death, illness or disease, and other damage or loss to property suffered by myself or others. By entering this tournament, I acknowledge and agree that if anyone is hurt or property is damaged while I am engaged in this event, I will have no right to make a claim or file a lawsuit against USA Fishing Trails, its shareholders, officers, directors, agents or employees, the host, sponsors, officials and all other persons or entities associated with the tournament, even if they or any of them negligently caused the bodily injury or property damage.
4. Any suit brought by me against USA Fishing Trails as a result of my participation in this tournament will be brought in state or county court, Henderson County, Texas, where the principal office of USA Fishing Trails is located. Should it become necessary for USA Fishing Trails or someone on its behalf to incur attorney’s fees and costs to enforce this agreement, or any portion thereof, I agree to pay the reasonable attorney’s fees thereby expended, or for which liability is incurred.
5. I have sufficient health, accident and liability insurance to cover any bodily injury or property damage incurred by myself or others as a result of my participation in this event.
6. I have no past or present medical or psychological condition that might affect my participation in the tournament in such a way as to cause harm to myself or others.
7. I irrevocably grant to USA Fishing Trails and its’ sponsors unlimited rights to use, in any media, any photographs and video/audio recordings of me, contestants, fish caught and accounts or interviews with contestants for any and all purposes and event coverage including, but not limited to promotional and advertising purposes. I agree to submit to and accept the results of the polygraph test given at this event.
8. All local, state and federal taxes, title, license and registration become the responsibility of each prize/cash winner. By entering this tournament, reflects, that I have read this entire document, understand it completely, understand it affects my legal rights, and agree to be bound by its terms. References to “I”, “my,” “myself,” and other first-person references shall include any child or ward to whom I sign. This is a team event. I agree that my partner if absent from signing this release understands all statements, rules and regulations stated above. By signing I am stating that my partner and I both agree to these terms. I understand and agree that USA Fishing Trails has the right to designate a camera boat or a “follow” boat which will be observing only and may be within 20 yards of my boat.