1) Diving is open to all state and federal waters.
2) Competition begins at 12:01a.m. Saturday, September 20, 2014.
3) Applications received after September 9th will be assesed a $10.00 late registration fee.
4) All SCUBA diving contestants must be SCUBA certified and possess a certification card.
5) All fish must be speared by the diver while submerged and must be brought to the beach or boat by the diver who speared it. Fish caught by line or by means other than a spear gun are not eligible. Eligible fish are Grouper, Hogfish, Amberjack, Snapper, Cobia/Barracuda, Lobster, and Lionfish.
6) Only a rubber powered and pneumatic spear guns, loaded by contestants muscle power, will be permitted. Gas guns, power heads, shark darts, or spears powered by explosive means, or chemicals, will not be permitted.
7) All fish are subject to autopsy. No frozen fish will be accepted. All fish must be gutted and on ice before entering the weigh in line. Any attempt to defraud or cheat in the tournament in any way, will automatically disqualify the offender and all his/her fish. If by any chance you are ticketed by a Sheriff or FWC Officer during the tournament you will be disqualified. It is the responsibility of each shooter and Captain of their own vessel to attain to all regulations of boating and diving protocols. If you are not aware of any rules applied to the above please notify the officials.
8) All contestants will be eligible for 1st, 2nd, and 3rd place awards, but may win only once in any of the Five(5) categories, specified prizes will be given for the following catches; biggest weight Lobster, most LionFish caught, largest Lionfish, and smallest Lionfish. All contestants must enter their own fish.
9) No ties will be considered. An entry must exceed the weight of the previously entered fish. Decisions by the weigh master on the weight and eligibility are final! If weight can not be determined, judgement will be determined on the length and then the gerth.
10) Winners must present at the awards ceremony, or notify a Tournament Official personally in advance if a representative is to accept an award on their behalf.
11) Any protest must be fowarded to Englewood Visitors within 72 hours. An investigation will follow. Decisions by the Tournament Officials will be final.
12) All fish weighed in remain the property of the contestant.
Our vision is to educate shooters on the local environment, reefs, local habitat along with introducing many divers of the captivating waters that we offer in Southwest Florida such as the waters off of Englewood, Fl and to allow them to experience all that we have to offer. Additional Information: Friday September 19th- Late Registration at Cape Haze Marina 6-8:30pm MANDATORY Captain’s Meeting will begin at 7:00 pm. Then Saturday September 20th - Weigh in opens at 4:30 pm. All Shooters must be on weigh-in line with their catch before 6:30pm. Line closes at 6:30 pm!
*NOTE: Use Shipping Address for Shooter Information at checkout if not the card holder.
IMPORTANT --- PLEASE READ!
Event Waiver: By indicating your acceptance, you understand, agree, warrant and covenant as follows:
Please be advised that you may be giving up valuable legal rights by signing this document. If you do not understand your legal position by signing this document, you should consult with an attorney. Agreeing electronically with this document indicates your agreement with all items, regardless if one or more item is not checked. Participation in the Englewood Open Spearfishing Tournament (EOST) is conditioned upon your execution of this waiver.
If you, or your legal guardian, do not sign this document, you are NOT granted the right to be a participant of the Englewood Open Spearfishing Tournament.
I hereby acknowledge that I have voluntarily applied to participate in activities known as the “2014 Englewood )Open” conducted by Gray Matter Enterprises LLC (ev).
A. DEFINITIONS. 1) In the context of this document the word “I” shall mean me, my family members, heirs, survivors, personal representatives, estate, wards, legal guardian, attorneys in fact or anyone else who may be empowered to act on my behalf. Or, if I am signing as the legal guardian on behalf of another person, than it shall mean me, my ward’s heirs, survivors, personal representatives, estate, attorneys in fact, legal guardian, or anyone else who may act on behalf of my ward or principal. 2) Englewood Open Spearfishing Tournament: Although the tournament is run exclusively by Gray Matter Enterprises, in the context of this document “EOST” shall mean, Englewood Open Spearfishing Tournament it’s officers, members and volunteers, the Englewood Open, the Englewood Open’s sponsors, and any and all properties (including Cape Haze Marina) where the Captain’s Meeting, Weigh-in, Award Ceremony and other tournament events occur. 3) Diving: in the context of this document “diving” shall mean all activities associated with participation in, and travel to or from the 2014 Englewood Open, including without limitation freediving, apnea diving, SCUBA (self contained underwater breathing apparatus) diving, swimming, snorkeling, and spear fishing or any other form or method of the harvest, capture, observation or collection of marine life and related marine and land based activities. In consideration of EOST allowing me the privilege of participating in the 2014 Englewood Open, and use of their facilities, if any, I agree, represent and warrant (as applicable) that:
B. WAIVER AND ASSUMPTION OF RISK. 1) Assumption of Exceptional Risk: I voluntarily assume all risk of injury to myself (“injury” shall herein include bodily injury, and /or damage to or destruction of or loss of my property, and/or my death) which arises from my participation in any form of diving or participation activities described in this Agreement, even when such injury is caused solely or in part by negligence of one or more Cosigners. (As used herein, a “Cosigner” means a person who has signed this agreement, and who is either a prospective EOST member or a EOST member in good standing at the relevant time.) I AM AWARE THAT PARTICIPATION IN THE 2014 ENGLEWOOD OPEN AND RECREATIONAL AND/OR COMPETING SPEARFISHING AND/OR DIVING OR PARTICIPATION ARE HAZARDOUS ACTIVITIES, AND I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT ALL RISK OF INJURY OR DEATH. 2) Cross Release of Liability: I hereby release every Cosigner and EOST, EOST members and Cosigners from any liability for injuries to me arising from my participation in diving, fishing or any related activities and which arise either wholly or in part as a consequence of the negligent acts or omissions of EOST, and any EOST members or one or more Cosigners. 3) Precondition of EOST Membership; since every participant is expected to sing this agreement as a precondition for diving or participation in the 2014 Englewood Open, and all such participants are conclusively presumed to have signed this agreement. Because of this fact it is my expectation that this agreement will effectively free me from any liability to such persons, whether or not I can prove that they are, in fact, Cosigners, for my negligent acts or omissions (if there are any) which relate to or are connected to diving or participation. 4) Representations, Warranties and Assumption of Risk: I understand and agree that: (a) I and others with whom I will come in contact with or whom may interact with me in a manner that may relate to my safety will be attempting, performing or utilizing Diving or Participation such as attending travel to and from volunteering for and participation in land-based tournament activities, (b) I understand that the dangers and risks of Diving or Participation include, but are not limited to: death, serious neck & spinal injuries which may result in complete or partial paralysis, psychological injury, brain damage, serious injury to virtually all internal organs, serious injury to all bones, joints, ligaments, muscles, tendon, ears, sinus cavities, and other aspects of the neurological system, vascular and/or musculoskeletal system, decompression sickness and serious injury or impairment to other aspects of my body, general health and well being. Diving or Participation may cause me to suffer the “bends.” Diving or Participation may or may not include the use of firearms and other lethal weapons or methods of harvest: These may prove harmful or fatal to me or others. I understand that the degree of risk of Diving or Participation may result not only in serious injury or death, but a serious impairment of my future abilities to earn a living, to engage in other business, social and recreational activities and generally enjoy life. The risks of Diving or Participation described in this Agreement are not an exhaustive list. (c) I understand that the success of my Diving or Participation depends upon the perfect or near perfect functioning of the equipment I and others will or may utilize as well as knowledge, skills, judgment, physical abilities, health, weather, sea conditions and countless other risks which I cannot control and/or which I and others may not be aware of at this time. And that neither any such equipment, conditions, risks or persons, including myself be entirely depended upon to function perfectly or to act or occur predictability because each of them is subject to mechanical malfunction and operator error, random chance, and changes beyond my or others control or prediction. (d) I freely and voluntarily choose to assume ALL the risks inherent, known and unknown, involved with Diving or Participation, including but not limited to risk of equipment malfunction or failure to function which may result from some defect in design or manufacture, or from improper or negligent operation or use of the equipment and human error. (e) I understand weather conditions, the seaworthy state of any vessel, preparation of the captain, crew of passengers, and risks posed by marine life may change rapidly, may or may not be predictable, may be beyond my control and that EOST, EOST members and Cosigners are in no way responsible for my Diving or Participation, or for ensuring that any captain or crew involved in any way in connection therewith complies with applicable laws or standards of conduct or safety. (f) I understand EOST or Consigner’ decision(s) to schedule, postpone, delay, initiate, start or NOT cancel, delay, postpone, schedule or start any Diving or Participation tournament or event of any kind does not act, and may not be deemed as any endorsement, representation, opinion, advise, or assurance of any kind that such Diving or Participation should or should not be engaged in at that particular time or at any time in the future. Such decisions are solely my responsibility. (g) I understand EOST and it members are not, for purposes of this Agreement, manufacturers, maintenance providers, re-sellers, no make any warranties of any kind relating to the fitness for particular purpose or safety of any item, equipment or tournament prizes, or is otherwise in the chain of distribution for them. The item, equipment or the tournament prizes I may receive are either gifts from sponsors or are sold or provided to me by third parties and EOST is, if it ever has physical custody of such items, on a temporary custodian of the item.(h) I understand EOST is in no way whatsoever a supplier of air, NITROX or any other gas mixture and is not responsible to me in any way whatsoever for my use or failure to use any such gas. (i) I understand EOST is not responsible in any way for training me or preparing me for diving or Participation. This is not, and will not be deemed to be, any teacher/student or instructor/trainee relationship between me and EOST. I do not hold EOST out or consider them to be in a position of superior knowledge or expertise regarding Diving or Participation. (j) I understand EOST owns no fiduciary duties to me or any duty of care relating to my Diving or Participation. I am not by virtue of my Diving or Participation an agent or employee of EOST or any Cosigner, nor is EOST or any Cosigner any agent or employee of mine. (k) I understand if I am a minor (under the age of 18) or am not my own legal guardian for any reason (collectively, a “minor”), the person executing this Agreement on my behalf has the authority under applicable law to do so and is personally responsible for me in all respects in connection with my Diving or Participation. If I am a minor or under the age of 21 years of age, I will not drink alcohol prior to, during or after Diving or Participation. (l) I understand if I consume alcohol or drugs of any kind prior to, during or after Diving or Participation, I do so solely at my own risk. (m) I agree that while this event may be located in and around various establishment and/or vehicles in which alcoholic beverages may be served or consumed, if I enter such areas, I am at least 21 years of age or I will be accompanied by a parent or legal guardian, and that I am not required to consume such beverages.
In the event that I do consume alcoholic beverages, all of the persons and entities mentioned above whom, through negligence or carelessness or otherwise, might be liable to me (or my heirs, executors, administrators, wards, or assigns) are not liable for my actions during or after the event. I hereby covenant not to sue and agree to assume those risks and release and hold harmless all of the persons and entities mentioned above who, through negligence or carelessness or otherwise, might be liable to me (or my heirs, executors, administrators, wards, or assigns) for damages. I agree to accept and abide by the rules and regulations of the event as established and provide to me and to obey the directions of the designated officials and all state and local laws, including traffic laws. (n) I understand I am solely responsible for my own preparation for and perform and of Diving and Participation. I have consulted with Physicians and other medical advisors (of whom none are EOST) and, taking into account their advice have made my own determination whether I will engage in Diving or participation. (o) I understand EOST is not responsible to me or any others for providing any form of medical care, search and rescue, vessel assist, or any other aid or assistance whatsoever. I understand that Diving or Participation may take place under conditions or at locations that place me and other out of reach of, or subject to delay in obtaining medical care, rescue or transport. (p) I understand and I agree to pay any reasonable cost to repair or replace and EOST equipment lost or damaged by myself or through my actions, whether by accident or negligence, at or through my Diving or participation. The determination of whether to replace or repair damaged equipment shall be made by the owner of such equipment. (q) I understand and recognize that there may be diving or fishing practices or rules which others might consider necessary or prudent for safe diving and fishing and which have not been adopted or which are not enforced by either EOST, any Cosigner or one or more EOST members, officers or divemasters. I will not hold EOST or any EOST member or Cosigner acting in any capacity whatsoever, to enforce or adopt any particular rule or practice. This includes but is not limited to: a failure to enforce the “Buddy System”, a failure to require the use of any particular item of diving equipment, a failure to adopt or enforce a policy of canceling dives or fishing due to marine, atmospheric or other dangers, a failure to require any minimum level of diving or fishing expertise or experience for Cosigners, EOST members or prospective EOST members participating in a EOST activity. (r) I understand and recognize that one or more EOST members EOST or any Cosigner or their parties my negligently omit to give me information or may give me false or misleading information pertaining to difficulty of a dive or my ability to safely participate in or perform a dive. I recognize also that EOST or one or more EOST members, other Cosigners or third parties may negligently approve of my preparation or planning for a dive or my equipment. I agree that, despite any accurate or inaccurate information I receive or learn from anyone other than myself, or fail to receive, I alone am responsible in each instance for determining whether I can safely make a dive, whether I have sufficient and accurate information upon which to base this decision, and whether my equipment condition or my complement of equipment and my manner of wearing or using my equipment is sufficient for the dive I intend to make, (s) I fully understand and recognize that diving solo or having a diving buddy can be either an asset or a liability. For example, a buddy might not make any effort to stay with me or to look for me if we become separated, a buddy might act inappropriately or negligently in an emergency, a buddy might cause danger to themselves or to me (including failing to return to a regulator once it is offered to them), or a panicked buddy might hold me underwater without air even to the point where I might drown either near or remote from the surface. Accordingly, I alone will determine whether any proposed buddy is acceptable to me or if I use one. (t) Since I understand and recognize that any assistance I might give to a diver or other person in water results in or may result in additional risk to myself, I do not what to be obligated to assist any diver or other person, including my buddy, in any way, whether in or out of the water. I agree that EOST and any Cosigners have the same freedom. Thus, in order to herby obtain benefit of a similar express release from EOST, EOST members and any Cosigners, I agree that neither EOST nor nay Cosigner is under any obligation to assist me in any way whatsoever, either in or out of the water, or to offer me air even when I request it, or to stay with me during a diving activity, or to look for me if we become separates. I release all EOST and any Cosigner from any and all liability for negligence in assisting me or attempting to assist me and/or for discontinuing any assistance to me once it has been undertaken. 5) No Oral Modifications: This Agreement can not be modified by the parties by any means unless such modifications are made in writing. Attached to and referenced on this Agreement, and signed by a duly authorized representative of EOST. 6) Covenant Not To Sue: I, my heirs, distributes, executors, administrators, guardians, legal representatives and assignors, exempt and release the EOST and all Cosigners, their officers, directors, agents, employees, representatives, servants or shareholders, nor to initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, distributes, executors, wards, principals or administrators, hereafter may have by reason of injury to my person or my property directly or indirectly arising from or related to the activities contemplated by or the risks described in this Agreement (including but not limited to Diving or Participation). 7) Indemnity Against Claims: I hereby agree that my heirs, distributes, executors, administrators, guardians, legal representatives and assignors will indemnify, save and hold harmless the EOST and all Cosigners, their officers, directors, agents, representatives, servants, employees, attorneys, business advisors and shareholders, conducted from any and all losses, claims, actions or proceedings of every kind and character which may be presented or initiated by any persons or organizations arising directly or indirectly from my Diving or Participation or participation in any other activities in connection with, sponsored by or for EOST o Cosigners. 8) Continuation of Obligations: I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all time during which I participate either directly or indirectly in Diving or Participation or in any other activity in connection with, sponsored by, or for EOST or Cosigners, and shall be binding upon my heirs, distributes, wards, principals, family members, executors, administrators, guardians, legal representatives and assignors of my estate. 9) Broad interpretation: this Agreement is intended to be a broad and inclusive as is permitted by law, and may not be modified in any way. If any provision or part of any provision of this Agreement is held to be invalid or legally enforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable. 10) Exemption from Liability: without limiting any of the foregoing, I, my heirs, distributes, executors, administrators, guardians, legal representatives, wards, principals and assignors, exempt, indemnify, defend, hold harmless and release EOST and all Cosigners, their officers, directors, agents, representatives, servants, employees, and shareholders from any and all liability, claims, demands or actions or causes of action from any and all direct, indirect, vicarious and any other form or liability, claims, demands or actions or causes of action whatsoever arising out of physical, emotional, economic, non-economic damages, loss or injury to me or my property while participating in any of the activities contemplated by the Agreement (including without limitation Diving or Participation), or otherwise relating to risks described in this Agreement, whether such loss, damage, or injury results from the negligence of any person or business or any other cause, omission or occurrence. 11) In further consideration of the acceptance of my application for entry in the “2014 Englewood Open,” I hereby grant full permission to the Englewood Open Spear Fishing Tournament (EOST), Gray Matter Enterprises LLC. and/or agents authorized by the promoters to use, reproduce, copy license or sell photographs, videotapes and any other record of the “2013 Englewood Open,” including my name, likeness and/or voice for any purpose. By indicating your acceptance of this Agreement and Waiver, you are affirming that you
HAVE FULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO THIS
AGREEMENT AND I HAVE SIGNED IT OF MY OWN FREE WILL.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”) 1)
Authority to Register and/or to Act as Agent. You represent and warrant to the Active Network Inc.
(“Active”) that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Active refers to The Active network Inc. and any and all subsidiaries, affiliated entities or entities that control or are controlled by Active singly or together as its officers, employees, contractors, subcontractors and agents. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority ot enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information which you provide for the purposes of registration. 2) Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS
THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY
REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATING IN THE EVENT BY YOU OR ANY REGISTERED PARTY. 3) Limitation of Liability, Disclaimer or Warranties. ACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ACTIVE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ACTIVE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE IS AT YOUR SOLE RISK. ACTIVE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
intended to be as broad and inclusive as is permitted by law of the State of Florida and that if any provision of this Agreement and Waiver shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND IT TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.