Tournament Terms and Conditions
TERMS AND CONDITIONS OF PARTICIPATION, WAIVER, LIABILITY RELEASE, AND INDEMNITY; AND PHOTO RELEASE.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING FOR THIS EVENT.
By registering for this event, you signify your agreement to these Terms and Conditions and the Agreement created thereby. If you do not agree to these Terms and Conditions, do not register for this event.
I have voluntarily elected to participate in this event referred to as Assault on the Patcong Creek (hereinafter referred to as the “Event”) and, if applicable, to allow my minor children, to referred to individually and collectively herein as “Child”, to participate in the Event. In consideration of being allowed to participate in the Event, as well as all related activities including, but not limited to, the crabbing activities as well as the barbeque, I hereby make the following promises and covenants for the benefit of Ronald Meischker, Jayne Meischker and all other persons and/or entities in any way involved with the organization or participation in the Event and hereby represent, acknowledge and agree as follows:
1. I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits and consideration to Ronald Meischker, Jayne Meischker and all other persons and/or entities in any way involved with the organization or participation in the Event and their respective and collective agents, servants and employees (collectively referred to as “Organizers and Participants”);
2. I am 18 years of age or older. I am entering into this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such or persons (collectively the “Releasing Parties”).
3. I acknowledge and agree that the participation in the Event and related activities involves a potentially dangerous activity. These risks include physical or emotional injury to myself, the Child and/or third parties, and the personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Event, which I further agree is for recreational purposes and completely voluntary.
4. I acknowledge and agree that I and the Child are participating voluntarily at our own risk, that the actions or activities of the others participating in the Event, or the actions or inactions of the Organizers and Participants, could cause me or the Child bodily injury and that the Organizers and Participants are not responsible for the actions or activities of other activities or omissions that result in such harm.
5. I acknowledge, accept, and assume the risk of any and all medical conditions, limitations or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of participating in the Event. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while participating in the Event, such assistance shall be at my own expense.
6. RELEASE OF LIABILITY. The Releasing Parties hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Organizers and Participants, or other participants in the Event, and their successors, predecessors-in-interest, and insurers (collectively referred to as “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s participation in the Event or from any and all acts or omissions of Organizers and Participants or of any of the Releasees, including without limitation any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm or death. In the event that any claim released herein is brought by, or asserted on behalf of, me or the Child, I shall indemnify, defend and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.
7. INDEMNIFICATION. The Releasing Parties hereby agree to defend and indemnify, at their sole cost, the Organizers and Participants from any and all claims, demands, suits and any claims of any description whatsoever arising from, or related to, any injury or damages of any description whatsoever arising from, or related to, any act or omission of the Releasing Parties or any person or entity acting by, through or in concert with the Releasing Parties.
8. I agree and acknowledge that should Organizers and Participants or any other Releasee or anyone acting on their behalf be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to indemnify and hold it or them harmless for and against all such attorneys’ fees and/or costs.
9. In connection with my and my Child’s participation in the Event, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Organizers and Participants to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose or form and I waive any and all claims I may have in connection with the Recordings.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS DOCUMENT. I HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY ITS TERMS BY SUBMITTING A REGISTRATION TO PARTICIPATE. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE RELEASEES AND MYSELF RELATING TO THE CHILD’S AND MY PARTICIPATION IN THE EVENT. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT.