WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT
In exchange for participation in ROUGEFISH DEUX INC. tournament (the “AMERICA'S REDFISH CUP”) and the opportunity to win cash and prizes, I hereby acknowledge, affirm and agree to (declare) the following:
1. That the vessel that I am using in AMERICA'S REDFISH CUP has an active, valid liability insurance policy or rider with a minimum of $100,000.00 liability coverage applicable to the boat owner, passengers, or other third parties injured as a result of any mishap involving the vessel;
2. That the act of traveling in and fishing by use of a boat in tournament situations often times presents dangerous circumstances, including, but not limited to traveling at high rates of speed; exposure to inclement weather, such as high winds, fog, rain, and extreme heat or cold; striking or grounding on submerged objects, masses, debris, or land; being in close proximity to, including collisions with, other vessels or structures; use of sharp objects, including knives, scissors, pliers, tools, hooks, lures and the like; being subjected to exhaustion, fatigue, and/or dehydration; and/or being subjected to equipment or vessel failure (e.g. outboard motor, boat hull, pumps, trolling motor, batteries and electronic devices); yet, I willfully, knowingly, and voluntarily declare that I submit my person, equipment and vessel to these conditions and assume any risk arising out of or as a result of my involvement in these circumstances. I agree to indemnify and hold harmless ROUGEFISH DEUX INC., the AMERICA'S REDFISH CUP together with all sponsors and affiliates of AMERICA'S REDFISH CUP, their respective agents, principals and assigns (the “Indemnified Parties”) with regard to any loss or damage to my person or property (including fish to be presented at weigh-in) while engaged in any act of participation in AMERICA'S REDFISH CUP, including, but not limited to, those acts during practice, captain’s meetings, tournament performance and while engaged in collateral/ancillary activities of the AMERICA'S REDFISH CUP.
3. That during the AMERICA'S REDFISH CUP, usage and maintenance of my boat/vessel, instruments and equipment are my sole responsibility and that the Indemnified Parties AMERICA'S REDFISH CUP, its principals, agents and assigns are in no way responsible for failure of my equipment or any action of mine or a third party which could result in damages or losses to my property (including live fish to be presented at weigh-in) or person, or to those same damages or losses to a third person. I agree to hold harmless AMERICA'S REDFISH CUP, its agents, principals and assigns, as well as indemnify them in the event of a claim regarding any loss or damage to property or person arising out of my usage or maintenance of my vessel, instruments and equipment in the EVENT.
4. That I further agree to indemnify, defend and hold the Indemnified Parties harmless from and against any and all liabilities, damages, losses, expenses, claims, demands, suits, fines, or judgments that include reasonable attorneys' fees, costs and expenses, incidental thereto, which may be suffered by, accrued against, charged to or recoverable from any party, by reason of any claim arising out of or relating to any act or error or omission, or misconduct of my agents or me during the AMERICA'S REDFISH CUP.
5. That I agree to waive any right to compensation or a claim against the Indemnified Parties with regard to the use of my likeness or appropriation, thereof, in any media format, whatsoever. I further agree to indemnify the Indemnified Parties against any claim by a third party involving advertisement, sponsorship, or use of other marketing methods involving said third parties or their product or services. I further agree that any media, photographs, video, audio and the like that includes the likeness of me or my sponsorship, produced by any of the Indemnified Parties is the sole property of one or more of the Indemnified Parties and I waive any right of compensation or ownership claim to said property. I acknowledge that the Indemnified Parties have the absolute authority to use my likeness in any reasonable manner deemed appropriate by the Indemnified Parties.