The Fishing Initiative for Stewardship & Habitat (F.I.S.H.) Event Release of Liability, Assumption of Risk, and Indemnity Agreement is a legal agreement tournament participants must accept before competing in the F.I.S.H. / U.S. Angling/California State Qualifier Tournament (the “Tournament”). It outlines the rights, responsibilities, and risks involved in participating.
1. Release of Liability and Hold Harmless
In consideration for being accepted to participate in the F.I.S.H. Tournament, and to the fullest extent permitted by California law, I hereby release, forever discharge, and agree to hold harmless the Tournament Organization and their respective officers, directors, employees, agents, volunteers, partners, members, and attorneys (collectively, the “Released Parties”) from any and all losses, claims, or demands of any kind arising from the ordinary negligence of the Released Parties or from the inherent risks associated with saltwater kayak fishing and tournament participation. I expressly acknowledge that I have received, reviewed, and agree to abide by the Tournament Rules and this Release. I understand that saltwater kayak fishing is extremely dangerous and involves the risk of serious injury or death. Having so acknowledged, I assume full responsibility for the risk of bodily injury or death arising from the ordinary negligence of the Released Parties or from inherent risks associated with saltwater kayak fishing and participation in the Tournament. This release does not apply to claims arising from the gross negligence or willful misconduct of the Released Parties.
2. Acknowledgment of Activities and Risks
I understand that participation in a saltwater fishing tournament involves significant risks, including but not limited to vessel movement, rough seas, slips and falls, equipment failure, hooks and sharp objects, fish‑related injuries, line entanglement, weather, sun exposure, collisions, and the actions or inactions of other participants or event staff. I understand that ocean conditions are inherently unpredictable and may result in serious injury, illness, or death.
3. Voluntary Assumption of Risk
I voluntarily choose to participate with full knowledge of the risks involved. I accept full responsibility for my participation and for any harm that may result from known or unknown dangers associated with boating and fishing activities. I also acknowledge that saltwater fishing is extremely dangerous and can result in serious injury or death. I expressly assume full responsibility for all inherent risks associated with the activity. This assumption of risk does not apply to the gross negligence or willful misconduct of the Released Parties.
4. No Warranty of Safety
I understand and acknowledge that the Released Parties make no warranty or guarantee of safety regarding the Tournament, the condition of the water, weather, marine environment, equipment, or any aspect of the event. I understand that saltwater kayak fishing takes place in an uncontrolled natural environment and that conditions may change rapidly and without warning. I agree that it is my responsibility to evaluate my own ability, equipment, and the conditions at all times, and I voluntarily choose to participate despite these risks.
5. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from any claims brought by me, my family, my estate, or any third party arising from my participation, except to the extent caused by the Released Parties’ gross negligence or willful misconduct. This includes claims for property damage, personal injury, or wrongful death.
6. Medical Condition and Emergency Care
I certify that I am physically able to participate and have no medical condition that would increase my risk. I authorize the captain, crew, or event staff to obtain emergency medical treatment for me if necessary. I assume full financial responsibility for any medical care provided.
7. Compliance With Laws, Rules, and Event Staff Authority
I have read and agree to follow all tournament rules, safety instructions, and lawful directions of all event staff. I have reviewed and agree to abide by the Tournament Rules. All disputes, protests, claims, differences, or controversies relating to any aspect of the Tournament, including, without limitation, Tournament Rules, must be submitted in writing to the Tournament Organizers no later than thirty (30) minutes following the official closing of the Tournament on the day the supposed infraction occurred. All such disputes shall be ruled on by the F.I.S.H. Tournament Organizers and shall be final and binding upon all parties. I further understand that the F.I.S.H. Tournament Organizers and event staff have full inspection rights and authority over my vessel, including safety gear checks and fish measurement devices, and may terminate my participation at any time for safety reasons.
8. Participant Responsibility
I acknowledge that I am solely responsible for monitoring my own physical condition, hydration, fatigue level, and ability to safely participate in the Tournament. I am responsible for reviewing weather forecasts, tides, surf conditions, and marine advisories before and during the event, and for making safe decisions based on my skill level and equipment. I agree to carry all legally required safety gear and any additional equipment necessary for my personal safety, including but not limited to hydration, sun protection, communication devices, and safety signaling equipment. I understand that I may withdraw from the Tournament at any time if I believe conditions are unsafe or if I am unable to continue safely.
9. Equipment Responsibility
I am responsible for the safe use of any fishing gear, tackle, or equipment I bring or use. I agree to use all equipment in a safe and responsible manner.
10. Media Release
I grant permission and a non‑exclusive, perpetual license for the use of my name, image, and likeness in any photograph, video, motion picture, audio recording, or promotional materials related to the event in which I appear or am heard. Such materials may be used, without geographic limitation, by F.I.S.H., US Angling, or USA Kayak Fishing for any purpose, including advertising and promotional materials, without compensation or restriction.
11. Governing Law and Venue
This agreement is governed by the laws of the State of California. Any dispute arising from this agreement shall be resolved in a court of competent jurisdiction in the county where the event is held.
12. Severability
If any provision of this agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
13. Certification of Understanding
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement, if I so desire.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS AGREEMENT, AND FREELY, VOLUNTARILY AND KNOWINGLY ASSUME ALL RISK AND WAIVE MY RIGHTS CONCERNING ALL LIABILITY AS DESCRIBED ABOVE. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS AGREEMENT.
Participant Name: __________________________________
Signature: ___________________________________________
Date: _________________________________________________
Phone/Email: _______________________________________