Now, therefore, for and in consideration of the recitals set forth above and PHCC-San Antonio allowing Participant and his/her/their spouse and children in their custody to participate in the Event and to use or occupy the Facilities for the Event, the receipt and sufficiency of which is hereby acknowledged, the Participant acting both for himself/herself and minor children in their custody (hereinafter referred to collectively in all said capacities as “Participant”), hereby release, acquit, and forever discharge PHCC-San Antonio, its executive director, and officers and directors, including without limitation those persons and business organizations named hereinabove, and employees and all persons in privity with them or any of them, from any and all claims or causes of action of any kind whatsoever, at common law, statutory, or otherwise, which the Participant or said children have or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly arising from or attributable to any occurrence during or related to the Participant’s or said children’s participation in the Event or use or occupancy of the Facilities or anything arising from Participants’ presence at the Facilities, or travel to or from the Facilities, it being intended to release PHCC-San Antonio in advance all claims of any kind which the Participant or children in their custody have, or might have against those hereby released.
For the same consideration, the adult Participants shall indemnify, defend and hold harmless PHCC-San Antonio, its executive director, and officers and directors, including without limitation those persons and business organizations named hereinabove, and employees and all persons in privity with them or any of them from any and all claims, damages, expenses, fees, fines, penalties, proceedings, actions, demand, or suits made upon PHCC-San Antonio directly or indirectly arising from or attributable to any occurrence during or related to the Participants’ or the minor children in their custody’s participation in the Event or use or occupancy of the Facilities or anything arising from Participants’ presence at the Facilities, or travel to or from the Facilities, including any acts or omissions of either PHCC-San Antonio, its executive director, and officers and directors, including without limitation those persons and business organizations named hereinabove, and employees and all persons in privity with them or any of them or the Participants or their/his/her children.
THE RELEASE AND INDEMNITY AGREEMENT SHALL APPLY EVEN WHERE ANY SUCH CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, OR LIABILITIES ARISE IN ANY PART FROM THE NEGLIGENCE OF PHCC-SAN ANTONIO. IT IS THE EXPRESS INTENTION OF THE PARTICIPANT AND PHCC-SAN ANTONIO THAT THE RELEASE AND INDEMNITY PROVIDED FOR IN THESE PARAGRAPHS IS A RELEASE AND INDEMNITY BY THE PARTICIPANT TO RELEASE INDEMNIFY AND PROTECT PHCC-SAN ANTONIO FROM THE CONSEQUENCES OF PHCC-SAN ANTONIO’S OWN NEGLIGENCE, EVEN WHERE THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGES WAS PHCC-SAN ANTONIO’S SOLE ACT OF NEGLIGENCE.
Participants acknowledge that all vehicles, gear, equipment or other items furnished for use by Participant or minor children in their custody as a part of the Facilities or in connection with the Event are all provided AS IS, and NO warranty of fitness, merchantability, or other implied or express warranty is made and no representation or warranty is given as to safety, serviceability or operation of any such items. Participants warrant that they are familiar with or will become familiar with the safe and proper operation or use of any of the Facilities they use, that they will abide by the rules and regulations of the Facility and of the Event, and that they will inspect and satisfy themselves as to the safety and condition of any of the Facilities, and that they will closely monitor and be responsible for the safe and proper use of the Facilities by any minor children they bring with them to the Facilities.
RELEASE AND INDEMNITY AGREEMENT, 30th Annual PHCC-San Antonio Perry Beyer Jr. Memorial Fishing Tournament (September 26-27, 2025)