• BE ADVISED THAT THIS IS A WAIVER WHICH MEANS YOU WILL BE GIVING UP ALL LEGAL RIGHTS CONCERNING ANY COURSE OF ACTION AGAINST THE SEBASTIAN LIONFISH FEST, THEIR AGENTS, VOLUNTEERS, CORPORATE REPRESENTATIVES AND ALL INDIVIDUALS AFFILIATED WITH LIONFISH DERBY BY SIGNING THIS DOCUMENT. IF YOU DO NOT UNDERSTAND YOUR LEGAL POSITION BY SIGNING THIS DOCUMENT, YOU SHOULD CONSULT WITH AN ATTORNEY. IF YOU DO NOT AGREE WITH ALL OF THE ITEMS (PARAGRAPHS), DO NOT SELECT "I AGREE TO ALL ITEMS OF THE MANDATORY LEGAL WAIVER FORM" AT THE BOTTOM. PARTICIPATION IN THE LIONFISH DERBY IS CONDITIONED UPON YOUR EXECUTION OF THIS WAIVER. IF YOU DO NOT SIGN THIS WAIVER, YOU ARE NOT A PARTICIPANT IN THE LIONFISH DERBY.

DEFINITIONS:

• 1. SEBASTIAN LIONFISH FEST: Although the Derby is run by INDIAN RIVER COUNTY, in the context of this document, SEBASTIAN LIONFISH FEST shall mean the directors, members, volunteers, officers, advisors of INDIAN RIVER COUNTY, SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, REEF, FWC, CONTRIBUTING SPONSORS, and all owners of property where the Derby is headquartered, where the official counting occurs (CAPTAIN HIRAM’S), and all related acts.
• 2. Diving: In the context of this document, Diving shall mean free diving, snorkel diving, SCUBA diving, spear fishing, netting (or otherwise using any methods allowed under the rules) to harvest Indo Pacific Lionfish while in or on the water.
• 3. In the context of this document, the word “I” shall mean me, my heirs, survivors, assigns, representatives, estate, 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 of a registrant, then it shall mean my ward, me, my ward’s heirs, survivors, assigns, representatives, estate, attorneys in fact, legal guardian, and anyone else who may act on behalf of my ward, principal, or minor.

WAIVER

• I understand the inherent risks associated with diving. When harvesting fish, I understand that the risk of injury or death is even greater. I have read the Derby Rules and agree to comply with them completely and waive my rights as to this activity against the SEBASTIAN LIONFISH FEST.
• I understand that weather conditions may change rapidly, and that the SEBASTIAN LIONFISH FEST is not responsible for my decision to participate in this event. The SEBASTIAN LIONFISH FEST‘s decision to NOT cancel the Derby does not act as an endorsement of good weather or marine conditions. I will determine these conditions myself and assume all risks inherent with weather conditions.
• I acknowledge that Indo Pacific Lionfish have venomous spines that can inflict a serious sting and/or cause serious injury or death. I will wear protective gloves when handling Lionfish, and make every effort not to touch the spines, even after the fish are dead. I accept full responsibility for my handling of Lionfish and for all risks associated with this inherently dangerous activity.
• I hereby acknowledge that the SEBASTIAN LIONFISH FEST is in no way directing my activities, or otherwise acting as an advisor or principal. I assume all risks, not only associated with diving and harvesting Lionfish, but also boating and traveling.
• I hereby acknowledge that not only can injuries and/or death occur from the risks of diving, but that diving is physically exerting. I agree that I am responsible for making decisions about my own physical condition in conducting these activities.
• I hereby agree to waive my right to sue the SEBASTIAN LIONFISH FEST, SUPPORTING SPONSORS, CAPTAIN HIRAM’S, and any of its affiliates or assigned associates by participating in the Lionfish Derby, for any injuries, death, emotional distress, pain and suffering, and all other forms of economic and noneconomic damages and all claims and causes of action. I waive any and all claims. I will hold the SEBASTIAN LIONFISH FEST harmless from any claims brought on my behalf and agree to indemnify them in case of any claim made against them. Also, I hereby provide a full release for photo and television images.
• I hereby acknowledge that in the event of any dispute pertaining to any activity associated with or arising out of the SEBASTIAN LIONFISH FEST the laws of State of FLORIDA apply. Venue of any dispute shall be in the court closest to the incident that has jurisdiction of this matter within INDIAN RIVER COUNTY, FLORIDA. I further acknowledge that in any event of a dispute, the prevailing party shall be entitled to attorney’s fees and costs as awarded by any FLORIDA court.
• I hereby acknowledge that the official counting and awards setting is at CAPTIAN HIRAM’S, and that there may be dangers or other hazards associated with that setting, as well as with a Derby that involves spear fishing and harvesting of Lionfish. I will watch my children, if applicable, and understand all hazards and take full responsibility for my children. I agree to read and follow all of the published rules of the Derby.
• I hereby acknowledge that the SEBASTIAN LIONFISH FEST is not a reseller of any prizes donated to the Derby. The SEBASTIAN LIONFISH FEST is merely a temporary custodian of said prizes and is not responsible for any grievance or claim I may have with respect to a prize. There are no refunds of fees or purchases.

1. Lionfish (Pterois volitans/miles) eligible for entry, may only be taken during the derby. No previously caught or frozen lionfish will be allowed, however, please keep all lionfish on ice. The Derby allows teams to keep all lionfish presented at scoring station, but encourages teams to donate samples or whole fish for research or market development if an official request is made.
2. Derby teams must physically check in at either Late Registration (6:00pm) or Captain’s Meeting (7:00pm) on May 19, 2017, to participate in the Derby. The Captain MUST be present for informational meeting starting at 7:00PM. We highly encourage all team members to attend this meeting to learn more about the event and up-to-date information on lionfish in Florida. All teams will receive ONE pair of protective gloves and ONE raffle ticket for the Captain’s Raffle.
3. Team members not checking in OR who have not signed the Legal Waiver Form and the Lionfish Understanding of Risk Form will not be considered entered in the Derby-regardless of whether or not registration fees were paid.
4. Only legal means of capture in areas allowing use of those gear types will be allowed. This is a lionfish ONLY event. All existing federal, state, and local laws must be followed. State and Federal laws will be strictly enforced.
5. Lionfish may be taken by spear, hand net, slurp gun or hook and line. No chemicals, traps or other collecting mechanisms are allowed.
6. Teams will be limited to a 4 person max, 2 person min. Multiple teams are allowed per boat. To qualify for prizes, participants must be registered and show proper identification. ALL participants must sign a Legal Waiver Form AND a Lionfish Understanding of Risk Form to be considered registered in the Derby.
7. Protective gloves should be worn when handling lionfish. Participants are encouraged to carry a thermos bottle on the boat containing hot, but not scalding, water for first aid purposes.
8. Derby hours: All day on MAY 20, 2017. All fish must be present at Scoring Station (CAPTIAIN HIRAM’S DOCK) on MAY 21 by 1:00pm to qualify for prizes.
9. Lionfish may be taken as long as the collection occurs during Derby hours and the fish are present at the Scoring Station by 1:00PM on May 20th. Prizes will be awarded during the festival portion of the event for first and second places in categories of most lionfish, largest lionfish, and smallest lionfish, and any other additional categories as decided by Derby Officials.
10. Only one winning entry per team will be allowed in each category (no sweeping of a category).
11. If fewer than 3 entries are received in any category, the remaining awards will be left as unclaimed.
12. All lionfish must be in whole condition (no missing heads or tails). Largest and smallest fish will be determined by total length of the fish, in millimeters, measuring from tip of snout to tip of tail.
13. All entrants agree to allow Derby officials and the SEBASTIAN LIONFISH FEST to take and use photos for media and promotional purposes.
14. The Derby takes place regardless of weather conditions. Captains make their own decision about whether to venture out.
15. In the event of a tie, the winning team will be determined by the earliest check in of its lionfish at the Scoring Station.
16. All cash prizes will be awarded to Team Captain by bank check or cash.
17. The Lionfish Derby is an honor system tournament with the captain being responsible for team compliance with the Rules.
18. Anyone found violating Derby Rules by the Derby Officials will be disqualified from receiving any Derby prizes and prohibited from entry in any future derbies.
19. Decisions of the derby officials are final.
20. All fishing teams may keep their catch, but donations are welcome.