All competitors are required to read and sign this agreement before participating in the West Coast Championship (WCC) for the 2024 season.
A. Glossary of Terms
1. “Competitor” shall mean the person who is actively participating in the Event.
2. “Event” shall mean the 2024 West Coast Championship Kayak Bass Fishing Tournament.
3. “Released Parties” shall mean the West Coast Championship, and its officers, directors, insurers, partners, successors, contractors, assigns, affiliates, parent corporations, affiliated corporations, and subsidiary corporations and divisions.
B. Agreement
1. If any paragraph, subparagraph, sentence or clause of this Agreement shall be adjudged illegal, invalid, or unenforceable, the balance of this Agreement shall remain in full force and effect.
2. This Agreement shall be construed and interpreted under California law. Any lawsuit or claim arising from or relating in any claims, demands, injuries, damages, actions, or causes of action shall be brought, if at all, in San Joaquin County, California.
C. General Waiver of Liability, Agreement to Indemnify Released Parties, and Assumption of Risk
1. The risk of injury from participation in sporting events and other strenuous physical activity, including the Event, is significant, including the potential for serious personal injury and/or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation in the Event including, without limitation, risk arising from or relating in any way to the condition of the equipment, surrounding premises, and weather, the actions of persons other than myself, my own actions, and travel to and from the Event. I UNDERSTAND THAT THE RELEASED PARTIES MAKE NO WARRANTIES and shall in no way be responsible or liable for the defective or dangerous condition of the equipment, surrounding premises, and/or weather.
2. I AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action that arise in whole or in part due to the simple negligence of the Released Parties, or any of them. FURTHERMORE, I FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS the Released Parties from and in relation to all claims, demands, injuries (including death), damages, actions, or causes of action that arise from or relate in any way to my participation in the Event, including by paying for all of the Released Parties’ reasonable attorneys’ fees. I FURTHER WARRANT AND CERTIFY that I have no health conditions or defects that would prevent me from participating safely in the Event, and that I am otherwise sufficiently fit and healthy to so participate.
3. In the event any dispute related to any claims, demands, injuries, damages, actions, or causes of action arises between myself and any of the Released Parties concerning the terms of this Section (Section II), the prevailing party in such dispute shall be entitled to collect from the party all costs incurred in such dispute, including reasonable attorneys’ fees.
4. I WARRANT AND UNDERSTAND that is my sole and personal responsibility to obtain insurance to compensate for any and all injuries that might arise from my participation in the Event, and furthermore agree to look solely to such insurance to cover losses resulting from any injuries, regardless of fault, and waive all rights of subrogation on behalf of any and all Released Parties that may now or ever exist as a result of such insurance.
5. I give the West Coast Championship and parties designated by the West Coast Championship, including clients, licensees and purchasers, the right to use my name and any photograph and video of me for sale to any medium for purposes of advertising, trade, display, exhibition, social media, television or editorial use.