Kayak Musky Challenge RELEASE AND WAIVER OF LIABILITY

For consideration of participation in the Kayak Musky Challenge 2021 Fishing Tournament event’ I waive and release the Kayak Musky, directors, administrators, participants, all sponsors, their representatives and successors (collectively, the “Releasees”), from any and all claims, liabilities, or cause of actions arising out of an injury to me and from any and all claims, liabilities, or cause of actions arising from my participation in this online event.

Inherent and Potential Risks

I understand that the Online Fishing 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 Online Fishing 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 guidelines of the Online Fishing 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 Online Fishing Tournament; and dressing in conjunction with the weather.

Medical Evaluation

I attest that I am medically and physically able to participate in the Online Fishing Tournament. If I experience any doubt as to my ability to successfully and safely participate in and/or complete the Online Fishing 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 Online Fishing 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, negligence emergency rescue operations.

Voluntary Participation

I am fully aware of the risks connected with participation in the Online Fishing Tournament, whether specifically listed in this Release or not, and I voluntarily elect to participate in the Online Fishing 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 Online Fishing Tournament, 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 Online Fishing 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 my child), or to any property belonging to me (or my child), while participating in the Online Fishing 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 Rules

I agree to observe and obey all rules and safety procedures that accompany the Kayak Musky Challenge and to abide by any decision of an event official relative to my (or my child’s) ability to safely compete in the online event. I agree to exhibit appropriate behavior at all times and to obey all laws. ‘Kayak Musky’ and event officials may dismiss me (or my child), without refund, should my (or my child’s) 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 Personal Flotation Device (PFD) per passenger, including captain and crew, in accordance with Coast Guard Regulations.

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 ‘Kayak Musky’ to use, reuse, reproduce, publish, or republish any photographs or video.

By signing up for the Kayak Musky Challenge, I acknowledge and represent that I have carefully