For and in consideration of KYSEK Kayak Series (KKS) tournament and KYSEK allowing me, the undersigned participant or guardian of youth participant, to participate in the KKS fishing tournament challenge and related pre-tournament registration and activities at Pontchartrain Yacht Club on October 2, 2020, and all fishing tournament-related activities on October 3, 2020), I, for myself, and on behalf of the youth participant as well as my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Covenant Not to Sue and Indemnity Agreement (the“ Agreement”);
1. I represent that: (i) that I am the legal guardian of the youth participant (ii) The youth participant is in good health and in proper physical condition and capable to participate in the Events; and (iii) he/she will not be under the influence of alcohol or any illicit or prescription drugs which would impair my ability to safely participate in the Events. I agree it is my sole responsibility to determine whether the youth participant is sufficiently capable, fit and healthy enough to participate in the Events and that I am responsible for their safety and well-being at all times and under all circumstances while at the Events.
2. I understand and acknowledge the risks and dangers associated with participation in the sports of water kayaking, stand-up paddle boarding, canoeing, fishing, wading in native saltwater and swimming, and related water sport disciplines, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions, and circumstances; bacterial infections; contact with other participants, spectators, boats, fish or other natural or man-made objects; dangers arising from adverse sea and weather conditions; imperfect water conditions in the fishing tournament area; water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of KKS and the Event organizers and sponsors; and, other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). These Risks may be caused in whole or in part by my actions or inactions, the actions or inactions of others participating in the Events, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event. The youth participant’s participation in the Events is purely voluntary, and they choose to participate in spite of the Risks. I certify they have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear costs of such injury or damage myself.
3. They agree to wear a U.S. Coast Guard Approved PFD (personal flotation device) at all times while fishing in the KKS tournament. The participant agrees to be familiar with and to abide by the Rules and Regulations established for the Events, and any safety regulations established for the benefit of all participants. I accept sole responsibility for their conduct and actions while participating in the Events, and the condition and adequacy of their equipment. I understand that KKS and the Event Organizers and Sponsors reserve the right to disqualify anyone or deny participation in the Events for any reason they deem just and proper in their sole discretion.
4. I release on behalf of the youth participant, waive and covenant not to sue, and agree to Indemnify, defend and hold harmless the following parties: KYSEK Kayak Series and its parents or subsidiaries, KYSEK and and its parents or subsidiaries, the event organizers, promoters, sponsors, advertisers and officials; venue and property owners or operators upon which the Events take place, including Pontchartrain Yacht Club; boat owners and operators associated with the Events and providing support for the Events; law enforcement agencies and other public entities providing support for the Events; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (individually and collectively, the “Released Parties” or “Event Organizers”), regarding any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Events, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties, including negligent rescue operations. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities, including attorney’s fees and costs, which may be incurred as the result of such claim.
By signing below, I warrant I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns), acknowledge I have signed this Agreement with no inducement, assurance or guarantee, and intend for my signature to confirm my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Proper venue for any legal action is exclusively agreed to be the 19th Judicial District Court, Baton Rouge, LA.
This agreement contains defense and indemnity language that has specific legal ramifications. By signing this agreement you specifically acknowledge and fully understand the defense, indemnity and covenant not to sue language contained herein. If you have any questions about these terms, we encourage you to consult with an attorney.
I have had sufficient opportunity to read this entire document. I have read and understood this document, and I agree to be bound by its terms.