Release of Liability
This release, made by Participant with regard to Sea Island Fly Fishers, its principals, partners, agents, or assigns (hereinafter “Agent”). It is understood that:
- Participant desires to take part in the On The Fly Tournament (hereinafter the “Tournament”).
- Participant hereby agrees, warrants, and represents that he/she is entering into this agreement freely and voluntarily.
- Participant hereby agrees, warrants, and represents that he/she is in suitable health such to participate in the Tournament.
- Participant hereby agrees, warrants, and represents that he/she possesses the requisite skill level and knowledge to safely and productively participate in the Tournament.
Participant agrees that Agent is not responsible for any loss or damage to his/her boat or person as a result of its use in the Tournament. Agent has made no representations other than those expressly made herein. NO WARRANTIES OR GUARANTEES, EXPRESSLY OR IMPLIED, HAVE BEEN MADE TO PARTICIPANT. Participant understands the following:
- Boats can and do suffer serious and catastrophic damage during or after operation.
- Boats and other sea-going vessels are inherently unpredictable and unsafe, and operating or riding on the same can lead to serious injury or death.
- The sport of fly fishing and its ancillary activities are inherently unpredictable and dangerous. Participating in the sport of fly fishing and its ancillary activities can lead to serious injury or death.
Participant assumes all risk of loss or damage to his/her boat or person with regard to its use in the Tournament.
Participant agrees that, any claim arising out of the aforesaid participation shall be brought exclusively pursuant to the laws of the State of South Carolina and exclusively in the Courts of the State of South Carolina. Participant consents to personal jurisdiction in South Carolina.
Participant represents that all relevant information relating to his/her health and his/her boat has been disclosed to Agent.
Participant waives any premises liability claims arising out his/her presence or his/her boat’s presence on Agent’s premises.
In the event Agent retains or otherwise hires an attorney to represent Agent in conjunction with claims arising from the aforesaid operation, Participant agrees to reimburse Agent for all Agent’s reasonable attorney’s fees.
PARTICIPANT IS RESPONSIBLE FOR EVERYTHING, INCLUDING ANY DETERMINATION OF SEA WORTHINESS OR SAFETY OF HIS/HER BOAT AFTER OPERATION BY AGENT. PARTICIPANT ACKNOWLEDGES THAT AGENT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO HIS/HER BOAT OR PERSON AS A RESULT OF ITS USE IN THE TOURNAMENT AND HEREBY RELEASES, DISCHARGES, INDEMNIFIES, AND DEFENDS AGENT FOR ANY AND ALL LIABILITIES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT.
AGENT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. ANY MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.