Important — please read carefully. This agreement affects your legal rights, including your right to bring a claim or lawsuit.
By registering for, checking in to, volunteering at, or otherwise participating in Beach Break Big Fish Derby — including tournament fishing, practice activities, check-in, weigh-in, awards, demonstrations, meetings, and other tournament-related activities conducted or authorized by the Organizer (collectively, the "Event") — the individual accepting this Agreement (the "Participant") knowingly and voluntarily agrees as follows:
1. Voluntary Participation and Participant Responsibility
Participation in the Event is entirely voluntary. Participant represents and warrants that Participant:
- Is physically and mentally capable of participating safely in a surf fishing tournament;
- Possesses, or will obtain, the knowledge, experience, equipment, clothing, and personal protective gear reasonably necessary for the conditions;
- Will independently evaluate weather, surf, tide, beach, visibility, access, and other conditions before and throughout participation;
- Will immediately stop participating and move to a safe location whenever Participant believes conditions are unsafe;
- Will not participate while impaired by alcohol, illegal drugs, medication, exhaustion, illness, or any other condition that may impair judgment, coordination, or physical ability; and
- Will comply with all Event rules, safety instructions, evacuation orders, beach-warning systems, lifeguard directions, law-enforcement instructions, and governmental orders.
Nothing in the Event rules requires Participant to enter the ocean, wade into the surf, remain in an unsafe area, handle a dangerous fish, or continue fishing under conditions Participant considers unsafe.
The Organizer may deny, suspend, or terminate any person's participation when reasonably considered necessary for safety, rule enforcement, legal compliance, or orderly administration of the Event. Any refund, credit, or transfer will be determined under the separately posted Refund and Cancellation Policy.
2. Acknowledgment of Risks
Participant understands that surf fishing and coastal outdoor events involve inherent and other risks that cannot be completely eliminated, predicted, controlled, or guarded against.
These risks include, without limitation:
- Drowning, near-drowning, rip currents, undertow, waves, breakers, tides, storm surge, rapidly rising water, drop-offs, and changing water depth;
- Lightning, thunderstorms, high winds, rain, fog, extreme heat or cold, sun exposure, dehydration, hypothermia, heat exhaustion, and heat stroke;
- Slippery, uneven, unstable, soft, or obstructed terrain, including wet sand, sand holes, washouts, rocks, shells, debris, dunes, seawalls, groins, jetties, docks, and piers;
- Darkness, low visibility, remote locations, limited cellular service, and delayed emergency response;
- Fishhooks, lures, sinkers, fishing line, leaders, rods, reels, casting weights, bait knives, fillet knives, gaffs, pliers, carts, coolers, and other fishing equipment;
- Hook punctures, cuts, lacerations, impalement, line entanglement, casting injuries, falling equipment, equipment failure, and injuries caused by other participants' casts or gear;
- Fish teeth, fins, spines, stingers, venom, marine animals, insects, wildlife, plants, bacteria, contaminated water, and allergic reactions;
- Vehicle, boat, kayak, personal-watercraft, bicycle, fishing-cart, trailer, and pedestrian traffic;
- Falls, collisions, lifting injuries, overexertion, encounters with members of the public, and the acts or omissions of other participants, spectators, volunteers, contractors, vendors, or third parties;
- Theft, loss, destruction, or damage to rods, reels, vehicles, electronics, personal belongings, catches, and other property; and
- Inadequate or unavailable rescue, first aid, medical care, lifeguard services, communications, evacuation assistance, or emergency transportation.
Participant understands that this list is illustrative and not exhaustive. Risks may be known or unknown, foreseeable or unforeseeable, natural or human-caused, and may result in property damage, financial loss, illness, permanent disability, paralysis, serious bodily injury, or death.
Participant knowingly and voluntarily accepts and assumes all risks associated with the Event, including, to the fullest extent permitted by law, risks arising from the ordinary negligence of a Released Party.
3. Weather, Surf, and Environmental Conditions
Weather forecasts, surf reports, tide information, maps, warning flags, safety notices, and other information provided by the Organizer are offered for general informational purposes only. Conditions may change rapidly and may differ from forecasts or reports.
Participant remains solely responsible for monitoring current conditions and official warnings and for deciding whether to begin, continue, modify, or discontinue participation.
The Organizer may postpone, relocate, modify, suspend, shorten, or cancel all or part of the Event because of weather, surf conditions, emergencies, governmental directives, access restrictions, environmental concerns, or other circumstances. A decision to conduct or continue the Event is not a representation or warranty that conditions are safe for every Participant.
Participant agrees to comply immediately with any suspension, evacuation, or cancellation instruction.
4. Fishing Licenses, Regulations, and Event Rules
Participant is solely responsible for obtaining and maintaining every license, permit, registration, or authorization required for participation.
Participant must comply with all applicable federal, state, county, municipal, wildlife, fisheries, environmental, marine-resource, beach-access, parking, vehicle, and conservation laws and regulations, including those concerning:
- Open and closed seasons;
- Legal fishing areas and protected areas;
- Species restrictions;
- Minimum and maximum sizes;
- Bag and possession limits;
- Permitted gear and bait;
- Catch-and-release requirements;
- Tagged or protected species;
- Reporting requirements; and
- Humane handling and lawful disposition of fish.
The Organizer does not provide legal or regulatory advice and does not guarantee that information appearing on the Event website remains current. Participant must verify applicable requirements directly with the appropriate governmental authority.
A violation of law or Event rules may result in disqualification, removal from the Event, forfeiture of prizes, referral to authorities, or other action permitted by the Official Tournament Rules.
5. Released Parties
For purposes of this Agreement, "Released Parties" means:
Friedman Adventures, its affiliated organizations, tournament directors, officers, directors, members, owners, employees, volunteers, judges, officials, agents, contractors, sponsors, event partners, hosts, participating property owners or occupiers, vendors, service providers, prize providers, insurers, successors, and assigns, together with any governmental entity or additional party required by an Event permit or written venue agreement to be included as a released or indemnified party, but only to the extent of that party's involvement with the Event.
6. Release and Waiver of Liability
In consideration for being permitted to participate in the Event, Participant, on behalf of Participant and Participant's heirs, estate, personal representatives, executors, administrators, successors, and assigns, hereby knowingly and voluntarily:
Releases, waives, and forever discharges the Released Parties from all claims, demands, damages, losses, liabilities, actions, and causes of action arising out of or relating to Participant's registration, attendance, presence at an Event location, or participation in the Event, including claims arising from the ordinary negligence of a Released Party, to the fullest extent permitted by applicable law.
This release includes, without limitation, claims involving:
- Personal injury, illness, disability, or death;
- Property loss, theft, or damage;
- Premises or beach conditions;
- Negligent supervision, instruction, warning, inspection, maintenance, selection, or administration;
- Event scheduling, modification, suspension, relocation, or cancellation;
- Emergency response, rescue efforts, first aid, or medical assistance;
- Equipment supplied, recommended, inspected, or permitted by an Event representative;
- Acts or omissions of participants, volunteers, spectators, vendors, or third parties; and
- Scoring, judging, disqualification, prize administration, or enforcement of Event rules.
Participant further agrees, to the fullest extent permitted by law, not to initiate or voluntarily assist in prosecuting a claim that has been released under this Agreement.
This Agreement does not release claims based on gross negligence, reckless misconduct, intentional misconduct, or any liability that applicable law does not permit to be released or waived.
7. Indemnification
To the fullest extent permitted by law, Participant agrees to defend, indemnify, and hold harmless the Released Parties from third-party claims, liabilities, losses, judgments, penalties, and reasonable legal expenses to the extent caused by:
- Participant's negligent, reckless, intentional, or unlawful act or omission;
- Participant's violation of Event rules or applicable law;
- Personal injury or property damage caused by Participant, Participant's fishing equipment, Participant's vehicle, or Participant's guest;
- Participant's unauthorized use of another person's name, image, registration, credentials, or fishing license; or
- Participant's material breach of this Agreement.
This section does not require Participant to indemnify a Released Party for that Released Party's gross negligence, reckless misconduct, intentional misconduct, or other liability that cannot lawfully be shifted to Participant.
8. Medical Authorization and Emergency Assistance
Participant authorizes Event personnel and emergency responders to provide or arrange reasonable first aid, rescue, emergency transportation, and medical treatment when Participant is unable to provide informed consent and such assistance is reasonably considered necessary.
Participant understands that:
- The Organizer does not guarantee that medical personnel, lifeguards, rescue services, or emergency transportation will be present or immediately available;
- Emergency assistance may be delayed because of weather, traffic, location, communications, or other circumstances;
- The Organizer does not provide health insurance or medical-expense coverage for Participant unless expressly stated in writing; and
- Participant is responsible for medical, rescue, ambulance, transportation, and related expenses incurred on Participant's behalf.
Participant authorizes the Organizer to contact Participant's listed emergency contact when reasonably appropriate.
9. Equipment and Personal Property
Participant is responsible for selecting, inspecting, maintaining, securing, and safely using Participant's equipment.
Any inspection, recommendation, or comment by an Event representative is limited and does not constitute a certification or warranty that equipment is safe, suitable, legally compliant, or free from defects.
To the fullest extent permitted by law, the Released Parties are not responsible for theft, loss, disappearance, confiscation, spoilage, or damage involving Participant's catch, fishing gear, vehicle, trailer, electronics, valuables, or other personal property.
10. No Guarantee of Results, Prizes, or Conditions
The Organizer does not guarantee:
- That fish will be present or caught;
- Any particular weather, surf, beach, access, parking, or fishing condition;
- Eligibility for, availability of, or receipt of any prize;
- Uninterrupted website, registration, scoring, communications, or technology services; or
- That information supplied by third parties will be complete, accurate, or current.
Tournament results, scoring, eligibility, protests, disqualifications, and prizes are governed by the Official Tournament Rules. Decisions of authorized tournament officials are final to the fullest extent permitted by those rules and applicable law.
11. Website and Third-Party Information
The Event website, maps, schedules, safety information, species information, forecasts, links, and other content are provided on an "as available" basis for general information.
The Organizer may correct errors and update schedules, rules, locations, or procedures. The version of this Agreement accepted by Participant will govern Participant's release and assumption-of-risk obligations, while properly announced safety and operational changes will govern Event administration.
Links or references to governmental agencies, sponsors, vendors, weather services, lodging providers, or other third parties do not constitute a warranty or endorsement of their services. Third-party websites and services are governed by their own terms and policies.
12. Participants Under the Age of Majority
A Participant who has not reached the legal age of majority in the applicable jurisdiction may participate only when a parent or legal guardian:
- Completes or approves the minor's registration;
- Reviews and electronically signs this Agreement;
- Represents that the signer has legal authority to act for the minor;
- Consents to the minor's participation and emergency medical treatment;
- Agrees individually to the obligations imposed on a parent or guardian by this Agreement; and
- To the fullest extent permitted by applicable law, accepts the assumption-of-risk and release provisions on behalf of the minor.
The Organizer may require a separate minor-participant waiver, proof of age, proof of guardianship, or in-person signature. A minor may not accept this Agreement solely on the minor's own behalf.
13. Governing Law and Venue
This Agreement will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where another law is mandatorily applicable.
Any legal proceeding not released or waived by this Agreement must be brought exclusively in the state or federal courts located in Los Angeles, California, unless applicable law requires a different forum. Participant consents to personal jurisdiction in those courts.
14. Severability and Reformation
If any provision of this Agreement is found invalid, illegal, or unenforceable, that provision will be enforced or reformed to the maximum extent permitted by law. If reformation is not permitted, the provision will be severed, and the remaining provisions will remain in effect.
The invalidity of a release or waiver as to one type of claim, person, or circumstance will not invalidate an otherwise enforceable release or waiver as to another claim, person, or circumstance.
15. Entire Agreement and Order of Control
This Agreement, the Official Tournament Rules, the Refund and Cancellation Policy, and any separately accepted minor or publicity release constitute the applicable agreements concerning Participant's Event participation.
In the event of a conflict:
- This Agreement controls questions concerning assumption of risk, release, indemnification, and liability;
- The Official Tournament Rules control competition, scoring, catches, eligibility, protests, disqualification, and prizes; and
- The Refund and Cancellation Policy controls registration refunds, credits, and transfers.
No oral statement by a volunteer, sponsor, vendor, official, or other person modifies this Agreement.
16. Electronic Acceptance
By selecting the acceptance checkbox, typing Participant's name, signing electronically, or submitting the Event registration, Participant confirms that:
- Participant has read the entire Agreement;
- Participant understands that the Agreement affects substantial legal rights;
- Participant has had an opportunity to ask questions and consult legal counsel;
- Participant is accepting the Agreement freely and voluntarily;
- No representation outside the written Event materials induced Participant's acceptance; and
- Participant intends the electronic acceptance to serve as Participant's legal signature.
The Organizer may retain the registration record, Participant's entered name, date and time of acceptance, electronic-signature information, accepted document version, and related transaction records as evidence of Participant's agreement.
Surf Fishing Safety and Liability Notice
Surf fishing and attendance at a coastal outdoor event involve serious risks, including drowning, rip currents, waves, tides, lightning, severe weather, heat or cold exposure, unstable terrain, fishhooks, casting weights, knives, marine animals, vehicles, and delayed emergency response. Conditions can change rapidly.
Participants and attendees are responsible for monitoring conditions, obeying official warnings and Event instructions, using appropriate equipment, maintaining required fishing licenses, and complying with all applicable fishing and beach regulations.
Participation is voluntary and at the individual's own risk. Registered participants must review and affirmatively accept the Event's complete Liability & Legal Disclaimer, Assumption of Risk, Release of Liability, and Indemnification Agreement before participating.
The Organizer may modify, suspend, relocate, or cancel Event activities when reasonably considered necessary for safety, legal compliance, or Event administration.
