Can someone email/post a copy of liability waiver?

Our club, Bass-n-Tubes, is currently paying for liability insurance to cover our tournaments.  I was wondering if a smartly written waiver might save us some $$$.  I seem to recall seeing this for some NCKF tourneys (something like "Kayak fishing is inherently dangerous").  Can someone point me to a copy of this and maybe I can adapt it to our club.  Thanks!

I have no idea how bulletproof it is since no one that wrote this has any legal experience. This is what we used for our Half Moon Bay Derby. The waiver starts after the rules.

Half Moon Bay Money Between Friends Big Fish Derby
Presented by NorCal Kayak Anglers and Cobra Kayaks

Date/Time:

July 30th 2005 5:00 AM - 10:30 AM

Species:

Rockcod, Cabezone, Salmon, Halibut, Stripers and Lingcod

Location:

Launch from Half Moon Bay Kayak Company at Pillar Point Harbor

Directions:

From Hwy 92:

Go north on Highway 1, turn left at the fourth traffic light onto Capistrano Dr. Take the next left into the Pillar Point Harbor and park in parking lot C, on your left. We are located under the white tents a few yards away.

From San Francisco:

Go south on highway 1, turn right at first traffic light after Devil's Slide onto Capistrano Dr. Take the next left into the Pillar Point Harbor and park in parking lot C, on your left. We are located under the white tents a few yards away.

Rules:

1. All fish entered must be caught from a kayak, landed by the participant without help from another participant or with the aid of a powerboat and using methods deemed legal by the California Department of Fish and Game.

2. Winning fish will be determined by weight with ties being broken length of the fish. In case of a double tie a coin will be tossed and the person whose fish was wieghed first will call the coin in the air.

3. Anglers must launch FROM THE HALF MOON BAY KAYAK COMPANY no earlier than 5 AM and CHECK-IN no later than 10:30 AM on the day of the tournament.

4. The species eligible for this tournament will be Rockcod, Cabezone, Salmon, Halibut, Stripers and Lingcod.

5. Winner will receive 100% of the cash entries, 2nd and 3rd place prizes TBA.

6. All judges decisions are final.

As a participant in the NorCal Kayak Big Fish Pool, January-December of 2005, I hereby agree to release and discharge the organizers, sponsors, volunteers (organizers) and other participants on behalf of myself, my spouse, my children, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that sea kayaking entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: boat/kayak capsize, tidal conditions and currents, travel to remote areas, collision with objects or other watercraft, prolonged exposure to cold water, hypothermia, accidental drowning, mental anguish or trauma, illness in remote areas, exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools, lightning, aggressive and/or poisonous marinelife, wrist, arm, shoulder and/or back injuries, slips and falls, and rapidly changing adverse weather and water conditions.

Furthermore, the derby organizers have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the organizers, sponsors, volunteers and other participants of this event from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity, including any such claims which allege negligent acts or omission of the organizers.

4. Should the event organizers, participants or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. In the event that I file a lawsuit against the event organizers or other participants, I agree to do so solely in the state of California. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

6. By paying my entry fee, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the event organizers or other participants on the basis of any claim from which I have released them herein.

7. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms.


MBF Entry Fee - $20