Waiver and Release of Liability
READ BEFORE SIGNING
In consideration of receiving a fishing membership or being allowed to participate in any way in the Tracker Nitro Big Bucks Buddy Trail, (“the Trail”) related events and activities, the undersigned acknowledges, appreciates, and agrees that:
- The risk of injury from the activities involved in the activity of boating and fishing on the Trail can be significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk for serious injury does exist, and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation, and,
- I willingly agree to comply with the stated and customary terms and conditions for participation. If however, I observe any unusual, significant hazard during my presence or participation on the Trail, I will remove myself from participation and bring such to the attention of the nearest official immediately, and,
- I, for myself and on behalf of me heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Tracker Nitro Big Bucks Buddy Trial; and Sylacauga Marine & ATV, Inc., their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“RELEASES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASES OR OTHERWISE, and,
- The undersigned expressly agrees that this Waiver and Release of Liability Agreement (“Agreement”) is intended to be as broad and inclusive as permitted by the laws of the State of Alabama and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Alabama. The undersigned agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement, which shall continue to be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP ALL SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.