In consideration of being permitted to participate in activities undertaken by Seakeeper, Inc. (“Seakeeper”), Pacific Stabilizers, Blue Seas Stabilizers, Schlegel’s Yacht Services and Mike’s Boatworks, which include but are not limited to sport fishing tournaments and all associated events and tasks (collectively, the “Activities”), agree to the following terms and conditions. I enter this agreement for myself, my heirs, relatives, successors, assigns, and any controlled company.

I acknowledge, understand, and agree that the Activities ARE VERY DANGEROUS and that engaging in the Activities presents SERIOUS RISKS OF BODILY HARM, PERMANENT DISABILITY, PARALYSIS, OTHER INJURY, AND DEATH, which, if they occur, are likely to cause pain, suffering, financial loss  due to various reasons including, but not limited to, lost wages, lost earning capacity, medical expenses, rehabilitation expenses, and continuing health care expenses, and other hardships. I UNDERSTAND THAT THESE RISKS ARISE FROM NUMEROUS FACTORS. These factors include, but are not limited to, actions and inactions by others including failure by others to maintain their vessels under control, mechanical failures, weather conditions, and actions by other competitors, teams, event organizers or spectators. There also may be other risks not known to me but the potential existence of which I acknowledge. With full knowledge and appreciation of these risks, I willingly and voluntarily desire to participate in the Activities and WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS. In assuming these risks, I understand and agree that I AM ACCEPTING AND ASSUMING THE FULL RESPONSIBILITY FOR THESE RISKS AND THE DAMAGES THAT THESE RISKS CAN CAUSE ME, MY HEIRS, RELATIVES, SUCCESSORS, AND ASSIGNS, REGARDLESS OF WHO OR WHAT CAUSES THE RISK AND THE RESULTING DAMAGE. I also acknowledge, understand and agree that I have the sole responsibility to investigate and assess the dangers associated with any of the Activities, and to make my decision regarding whether I will participate in the Activities.

I acknowledge, understand and agree that I am in no way compelled to participate in the Activities by Seakeeper, Pacific Stabilizers, Blue Seas Stabilizers, Schlegel’s Yacht Services, Mike’s Boatworks, or any other entity with which Seakeeper is affiliated (collectively, the “Seakeeper Parties”). If I am an employee of any of the Seakeeper Parties, I acknowledge, understand and agree that I am in no way required to participate in the Activities as part of my employment with any such entity. Indeed, I acknowledge, understand and agree that my participation in the Activities is not related to and is not part of my employment with any such entity, and that by participating in the Activities I do not become an employee or independent contractor of any of the Seakeeper Parties.

 

I acknowledge, understand and agree that it is my sole responsibility to ensure, at my sole expense, that appropriate insurance coverage exists which would cover my medical, rehabilitation and ongoing care expenses, as well as any income loss or lost earning capacity, as a result of any injuries I sustain as a result of the Activities.

I AGREE TO INDEMNIFY, DEFEND AND HOLD THE SEAKEEPER PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, MEMBERS, AFFILIATES AND ASSIGNS HARMLESS, INCLUDING PAYING REASONABLE ATTORNEYS’ FEES AND COSTS OF ALL TYPES, FROM ANY AND ALL LOSSES, COSTS, CLAIMS, EXPENSES, CAUSES OF ACTION, LOSSES OF USE AND LIABILITY BY REASON OF INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES, WHETHER COVERED BY INSURANCE OR
NOT, INCLUDING CLAIMS IN EXCESS OF INSURANCE LIMITS AND ALL CLAIMS DETERMINED NOT TO BE COVERED BY INSURANCE. I HEREBY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE, THE SEAKEEPER PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, MEMBERS, AFFILIATES ANDASSIGNS FROM OR FOR, AND HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, SURRENDER, RENOUNCE, AND ABANDON, ANY AND ALL CLAIMS, WHICH ARE DEFINED TO BE: ANY AND ALL KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEN AND UNFORESEEN, SUSPECTED AND UNSUSPECTED, ACCRUED AND UNACCRUED, FIXED AND CONTINGENT, CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF SERVICES, WAGES, EXPENSES, ATTORNEYS’ FEES, LIABILITIES, RIGHTS OF SUBROGATION, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO FOR INJURY, DEATH, DISABILITY, PROPERTY DAMAGE, AND ECONOMIC LOSS OF ANY TYPE, PAST AND PRESENT, AND ALL OTHER LIENS, LOSSES, AND COMPENSATION OF WHATEVER KIND OR NATURE, PAST AND PRESENT, UNDER OR UPON FEDERAL, STATE OR LOCAL STATUTES, REGULATIONS OR COMMON LAW OR OTHERWISE, WHICH CURRENTLY EXIST, OR WHICH HAVE ARISEN OR MIGHT ARISE IN THE FUTURE ARISING FROM THE ACTIVITIES.  

 

Any and all claims, disputes or controversies arising out of or related to this Agreement or the Activities shall be resolved exclusively by arbitration administered by The McCammon Group under its code of procedure then in effect. If The McCammon Group is unavailable to administer the arbitration, then the claim, dispute or controversy shall be resolved exclusively by arbitration administered by the American Arbitration Association under its code of procedure then in effect. In either case, there shall be a single arbitrator selected under the applicable code of procedure, and the arbitration shall be held in Richmond, Virginia. The determination or award rendered by the arbitrator shall be binding and conclusive upon the parties. The claims, disputes and controversies subject to this agreement to arbitrate include any causes of action of any kind whatsoever, whether statutory or based on common law, at law or in equity, regardless of the relief or remedy sought, in tort, contract, by statute, or on any other basis.

 

I UNDERSTAND THAT I AM GIVING UP MY RIGHT TO BRING SUCH A CASE IN A COURT OF LAW AND TO HAVE THAT CASE TRIED BY A JURY, AND I AGREE TO INSTEAD SUBSTITUTE THE ARBITRATION PROCESS FOR THOSE RIGHTS.

 

Any modification or alteration of this Agreement shall be in writing and signed by the parties.

 

If any provision of this Agreement or any part of any provision is determined to be invalid or unenforceable in whole or in part for any reason, it shall be severable from the rest of this Agreement and shall not affect any other provision of this Agreement, all of which shall remain in full force and effect and be enforceable according to their terms.

This Agreement shall remain in full force and effect until terminated in writing either by me or by Seakeeper. No such termination by me shall be effective until the written termination is delivered to Seakeeper.