Waiver and Release of Liability
2025 WAIVER AND RELEASE OF LIABILITY
Herein the undersigned is the “Participant” desiring to participate in an Activity offered or managed by NWM;
“NWM” means Northwest Maritime, Wooden Boat Foundation, and Salish Sea Expeditions, along with any of
their respective affiliates, subsidiaries, partnerships, joint ventures, employees, agents, subcontractors,
management, and boards of directors; the activity, program, race, or cruise (herein the “Activity”); NWM
offers to the Participant involvement and/or participation in the Activity, on material condition that Participant
acknowledge and agree to each of the terms below; and
Participant agrees and acknowledges as follows:
Recognition and Acceptance of Risk
Participant acknowledges any activity on the water is inherently dangerous and the risks posed by
activities on the water can be mitigated but not eliminated. Participant acknowledges that the
Participant’s risks include but are not limited to: loss, physical or psychological injury, pain,
suffering, illness, and death. Participant understands the Activity is dangerous and accepts any
and all risks associated with the Activity
NWM Rules
Participant acknowledges that NWM has adopted rules and procedures related to: the Activity; use
of NWM’s equipment, facilities, and real property; and health and safety. Participant agrees to
make themselves aware of and to follow all rules and procedures of NWM. Participant
acknowledges that failure to abide by NWM’s rules and procedures may result in injury to the
Participant, property, and/or other individuals. Violation of the rules and procedures may result in
suspension or expulsion from the Activity, or forfeiture of any payment or deposit made by the
Participant.
Statement of Release
Participant releases and forever discharges NWM, from liability for any loss or injury to the
Participant and the Participant’s property, be the risk of such loss or injury is known or unknown by
the Participant. NWM is not responsible for, and Participant releases NWM regarding, the errors,
omissions, acts or failure to act, of any third party. This means NWM is not responsible for the acts
or omissions of any person or entity conducting the Activity on behalf of NWM, or of any fellow crew
member, fellow participant, or invitee of Participant. Participant understands injury or loss could
arise from Participant’s or others’ negligence, conditions related to travel to and from the Activity,
or conditions at the Activity location(s). Nonetheless, Participant assumes all related risks, both
known and unknown to Participant, of involvement in travel to and from the Activity and the
Activity itself.
Limitation of Liability
Participant agrees that, should the NWM be held liable to the Participant for any reason,
Participant’s recovery shall be limited to the fee paid by the Participant to participate in the
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Activity. This limitation shall include, but is not limited to, direct, indirect, special, and incidental,
consequential damages. This limitation extends to any form of claim Participant may have, be it
tort, equity, contractual, regulatory, or statutory, in nature. This limitation shall include any award
Participant may seek for attorney’s fees, costs of litigation, and any right of contribution Participant
may have against the NWM.
Vessel Insurance
The Participant acknowledges that the NWM strongly advises the Participant to carry, or confirm
the owner carries, insurance for no less than the full replacement value of the vessel Participant
enters into or uses as a part of the Activity. Additionally, NWM advises Participant to carry
insurance against injury to persons and property as may result in the use of the vessel while
participating in, or traveling to or from, the Activity.
Participant acknowledges that, pursuant to the Statement of Release above, NWM is not liable for
any injury to persons or property which may occur on or to Participant’s vessel. Participant and
Participant’s insurance will be the primary and only parties responsible any damage or injury that
related to Participant’s vessel.
Participant’s Warranty
Participant warrants as follows:
Equipment
Participant warrants that all equipment the Participant brings with them to use as a part of the
Activity, and/or provides to NWM or other participants for their use, is in good working order and
has been properly maintained. The equipment is free of defect and is safe if used as intended.
Vessel
Participant warrants that any vessel Participant uses as part of the Activity, and/or provides to
NWM or other participants for their use, is seaworthy, in good working order, and has been properly
maintained. Participant has properly maintained and , when necessary, repaired. All systems on
the vessel are in good working order and pose no undue threat of injury to persons or property
Inspection
Participant warrants that the Participant has had the opportunity to inspect the equipment and
vessel, or vessels, Participant will use or utilize as a part of the Activity. This includes equipment
and vessels provided by NWM, a fellow participant, or any third party. Participant warrants and
confirms the equipment and vessels are in good working order, are free of visible defects, and
Participant is capable of using the equipment or vessels safely and as they are designed.
Health and Fitness
Participant warrants that they are aware of the physical and mental demands posed by the
Activity. Participant is physically and mentally capable of participating in the Activity without
posing a danger to themselves or anyone else. If Participant suffers from a condition, ailment, or
injury that may impede Participant’s safe participation in the Activity, Participant warrants that
they have consulted with a medical professional regarding the Activity, the medical professional
approves of Participant’s participation in the Activity, and that Participant is able to manage the
condition, ailment, or injury independently and without the help or intervention of NWM or any
third-party.
No Legal Limitation to Participate
Participant warrants their participation in the Activity, execution of any of the agreements and
covenants required by NWM, and travel to and from the Activity is not in volition of any law or court
order and shall not breach the terms of a contract to which the Participant is bound.
Medical Care
If Participant should require medical care or treatment at or during the Activity, Participant authorizes NWM to provide all emergency medical care deemed necessary…
No Commission of Crime
Participant will not violate any federal, state, provincial, or local law while participating in the Activity…
Indemnity
Participant will indemnify, defend, and hold NWM harmless for any injury caused to any individual or business entity…
Photo/Video Release
Participant gives permission for NWM and/or anyone acting on its behalf, to photograph, video, and sound record the Participant…
Right to Refuse Service/Participation
NWM reserves the right to refuse service to the Participant and/or participation in the Activity at any time…
Limitation of Authority
Unless specifically authorized by NWM in writing, Participant has no right to bind NWM to any obligation, agreement, or contract…
Washington State Jurisdiction
Participant agrees this release shall be governed for all purposes by Washington State law, without regard to any conflict of law principles…