Inherent and Potential Risks
I understand that the Tournament involves strenuous physical activity associated with fishing. I understand that physical activity, by its very nature, carries with it certain inherent risks. I assume all risks associated with participating in the Tournament relating to the risk of strenuous physical activity. I acknowledge that I may incur minor injuries, major injuries, and catastrophic injuries including paralysis and death. I assume risks from contact with other participants, negligent or wanton acts of other participants, failure of other participants and non-participants from observing the rules of the Tournament, any defects of conditions of premises (including high or low water levels and rough waters), and the effects of weather including high heat, thunderstorms, lightning, precipitation, cold temperatures, high winds, and/or humidity. I agree to dress myself appropriately as to mitigate risk of physical injury to myself including, but not limited to: wearing shoes appropriate for strenuous physical activity involved in the Tournament; dressing in conjunction with the weather; and wearing appropriate personal flotation devices (PFDs). I agree that the Releasees are not responsible for any personal items or property lost or stolen before, during, or after the Tournament.
Medical Attestation
I attest that I am medically and physically able to participate in the Tournament. If I experience any doubt as to my ability to successfully and safely participate in and/or complete the Tournament, I take full responsibility for consulting a physician. I attest that, if I am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I should have or did consult a physician prior to participating in the Tournament. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency, including, but not limited to, negligent emergency rescue operations.
Voluntary Participation
I am fully aware of the risks connected with participation in the Tournament, whether specifically listed in this Release or not, and I voluntarily elect to participate in the Tournament knowing that this participation involves these risks.
Assumption of Risk, Waiver of Liability, Release, and Covenant Not to Sue
In consideration for being permitted to participate in the, I voluntarily agree for myself, my family, heirs, assigns, executors, and administrators to the following:
1. TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me, or any loss or damage to property owned by me, as a result of participating in the Tournament.
2. TO RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever, that I might have or may acquire in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in the Tournament including, but not limited to, any claim that the act or omission complained of was in whole or in part by the negligence or carelessness of the Releasees.
Acknowledgment and Compliance with Tournament Rules
I agree to observe and obey all rules and safety procedures that accompany the Tournament and to abide by any decision of a Tournament official relative to my ability to safely compete in the Tournament. I agree to exhibit appropriate behavior at all times and to obey all laws. Valero and/or Tournament officials may dismiss me, without refund, should my behavior endanger the safety of or negatively affect an event, person, facility, or property of any kind. I understand and agree to stock my vessel with one Coast Guard Approved PFD per passenger, in addition to complying with all Tennessee Boating Laws and Responsibilities, a guide to which can be located at https://www.tn.gov/content/dam/tn/twra/documents/boating/TN-Boating-Handbook.pdf, as well as all Tennessee fishing regulations, which can be located at https://www.tn.gov/twra/fishing-regs.html.
Severability
I agree that if any portion of this Release is deemed to be invalid, the remainder of the Release will still be binding and enforceable.
Photography Release
I hereby grant full permission to Valero to use, reuse, reproduce, publish, or republish any photographs, motion pictures, recordings, or any other record of my participation in this Tournament, in any medium now known or hereafter developed, alone or in conjunction with other material, without restriction as to changes or alterations, as well as to use my name, voice, likeness, and/or other indicia of identity, for editorial, educational, promotional, advertising, and commercial purposes, including without limitation in connection with the solicitation of contributions and the furtherance of the corporate objectives of Valero and the United Way of the Mid-South.
I acknowledge and represent that I have carefully read and understand all terms of this Release and Waiver of Liability.