RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
This document is a binding legal agreement and applies to all participants in any activities, events, programs, or related activities conducted by Gulf Coast Tournament Association (GCTA) (the “Sponsor”). This agreement covers all activities conducted by GCTA, whether on property owned or leased by GCTA or at off-site locations, including but not limited to fishing tournaments, events, and related programs.
ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I, the undersigned participant, acknowledge that my participation in activities, events, programs, or related activities, whether conducted on GCTA property or at an off-site location, involves inherent risks, including but not limited to serious bodily injury, disability, death, or property damage. These risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the premises, weather conditions, or the negligence of the Released Parties (as defined below). I freely and voluntarily assume all such risks, whether known or unknown to me, and take full responsibility for my participation.
PARTICIPANT’S REPRESENTATIONS
I represent that I am qualified to participate in the activities and events and that I will at all times comply with all rules, regulations, and safety requirements imposed by GCTA. I also represent that I will not consume or be under the influence of alcohol or drugs while participating in the activities.
RELEASE AND WAIVER OF LIABILITY
In consideration for being permitted to participate in activities conducted by GCTA, whether on GCTA property or at an off-site location, I, for myself, my personal representatives, heirs, and next of kin, hereby release, discharge, and hold harmless Gulf Coast Tournament Association (GCTA) and its respective officers, directors, employees, agents, representatives, and other participants (“Released Parties”) from any and all claims, liabilities, damages, or causes of action that may arise out of or relate to my participation in the activities, including but not limited to claims for injury, disability, death, or property damage, whether caused by the negligence of the Released Parties or otherwise.
COVENANT NOT TO SUE
I agree that I, my heirs, personal representatives, and next of kin will not file a lawsuit or make any claims against the Released Parties for any injury, disability, death, or property damage arising out of my participation in the activities, whether conducted on GCTA property or at an off-site location, and whether caused by the negligence of the Released Parties or otherwise.
INDEMNIFICATION
I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, liabilities, damages, or causes of action brought by any third party arising out of my participation in the activities, whether conducted on GCTA property or at an off-site location, including any claims for personal injury, death, or property damage.
PUBLICITY RELEASE
I hereby grant GCTA the unrestricted right to use my name, likeness, voice, biographical information, and any photographs, videos, or other recordings of me taken during the activities for promotional purposes in any media, without compensation.
RESPONSIBILITY FOR PERSONAL PROPERTY
I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring to any event or activity and that GCTA will not be responsible for or provide any security for such property and personal belongings.
NO DUTY TO SUPERVISE
I acknowledge and agree that the Released Parties have no duty to supervise the activities of any participant or spectator at any event or location. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons.
NO REPRESENTATIONS BY GCTA
I acknowledge that GCTA makes no representations as to the condition of any event location or the safety of any structures or equipment that may be used during the event. I accept and shall use such locations and equipment in their “AS IS” condition.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and any legal action arising out of this agreement shall be brought exclusively in the courts located in Matagorda County, Texas.
SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
SURVIVAL
The terms of this agreement shall continue in full force and effect even after the conclusion of the activities and shall be binding on my heirs, personal representatives, and assigns.
ENTIRE AGREEMENT
This agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes any prior agreements or understandings, whether written or oral.
WAIVER
No waiver of any term or right in this agreement shall be effective unless in writing and signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision thereafter.
FOR PARTICIPANTS UNDER 18:
If the participant is under 18 years of age, the undersigned parent or guardian certifies that they have legal responsibility for the participant and consents to the participant’s participation in the activities. The undersigned parent or guardian agrees to release, indemnify, and hold harmless the Released Parties from any and all claims that may arise out of or relate to the participant’s involvement in the activities, including any claims for injury, disabilit