For good and valuable consideration, including without limitation the acceptance of the undersigned’s entry or participation in the King of the Reach fishing tournament (the “Event”) and being permitted to participate in certain related activities, the undersigned, for herself and her personal representatives, heirs, guest, invitees, employees, and team or crew members hereby:
(1) Releases, waives, discharges, and covenants not to sue Grant County PUD, WDFW and Coastal Conservation Association or its Chapters, subsidiaries, related entities, respective members, volunteers, heirs, successors, assigns, officers, directors, employees, agents, contractors and subcontractors (collectively, the “Releasees”) from any and all liability to the undersigned, her personal representatives, assigns, heirs and next of kin, and for all loss or damage, and all claims or damages therefore, on account of bodily injury, illness including COVID 19 and related conditions, personal injury, death, property or other damage of or to the undersigned, her guests, invitees, employees, team or crew, during the Event or arising out of or in any way in connection with the Event or its Rules or related activities or while the undersigned is competing, or participating, regardless of whether caused in whole or in part by the negligence or alleged negligence of Releasees;
(2) Agrees to indemnify and hold harmless Releasees and each of them from and against all claims, actions, causes of action, damages, liabilities, losses and judgments (collectively, the “Claims”) of or by all guests, invitees, employees, and team or crew of the undersigned for bodily injury, illness including COVID 19 and related conditions, personal injury, death, property or other damage which they may suffer or incur during the Event or arising out of or in any way in connection with the Event or its Rules or related activities, regardless of whether caused in whole or in part by the negligence or alleged negligence of Releasees;
(3) Assumes full responsibility for the risk or occurrence of bodily injury, illness including COVID 19 and related conditions, personal injury, death, property or other damage of or to herself, her guests, invitees, employees, and team or crew and to her boat and equipment due to negligence of Releasees or otherwise during the Event or while participating in the Event or related activities or while in or on the Event premises, which includes but is not limited to, its common properties, recreational areas, and adjacent docks, piers, and boat slips. Participant further assumes the responsibility for and acknowledges all dangers associated with weather and sea conditions;
(4) Anyone entering this Event is required to abide by the Event Rules. Disqualifications will be determined by a three-member Committee consisting of the Prize Coordinator, Chapter President, and CCA Washington Representative. Any protest must state the rule violated and be received by CCA Washington at the end of the first business day (5:00pm) following the derby. All team participants, including team members, guides and boat drivers are responsible for knowing, understanding, and abiding by these Rules. Failure of any team participant to follow tournament rules or procedures will result in disqualification of the team in violation or non-compliance. In all Event matters, the decisions of the Committee are final.
(5) Agrees to pay all of the Releases’ costs of defending all Claims and further agrees that this Release, Hold Harmless and Agreement Not to Sue is intended to be as broad and inclusive as permitted by the laws of the State of Washington and that, if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(6) Gives permission to use her/his name and picture in any published report or coverage of the event.
Guest, individually and on behalf of his/her heirs, executors and assigns, releases and agrees to indemnify and hold harmless CCA its employees, volunteers, executives and board of directors from any claim asserted by guest in any way related to or resulting from attendance at the CCA event, including any claim or liability which for any reason CCA its employees, volunteers, executives and board of directors are alleged to be legally liable, including any claim or liability based on CCA its employees, volunteers, executives and board of directors alleged own negligent acts or omissions, DTPA violations, breach of contract, breach of fiduciary duties or any other acts or omissions. Guest’s indemnity includes all claims for actual damages, exemplary damages, damages to property, medical expenses, damages due to mental anguish, damages due to physical pain or physical impairment or disability either past, present or future, lost wages or wage earning capacity, inheritance, loss of society or consortium or any other claim, or any other damage, of whatever nature. This release and indemnity shall apply whether or not any such injury or damage has been, or is alleged to have been, caused in whole or in part by the negligence or fault of CCA its employees, volunteers, executives and board of directors. Guest acknowledges individually and on behalf of his/her heirs, executors and assigns that this indemnity provision is clear, conspicuous and satisfies the Washington express negligence doctrine.
I have had sufficient opportunity to read this entire document. I have read and understood this document, and I agree to be bound by its terms.