2025 WAIVER AND RELEASE OF LIABILITY

• A separate agreement is required for each child, minor or adult.
• Parent or legal guardian for children under age 18 must sign agreements for self and on behalf of child. (For a minor wishing to volunteer for these positions, please contact the Race Boss at jesse@nwmaritime.org)
• Participation in any program/event of Northwest Maritime constitutes acceptance of these Waiver of Claims of Limitations of Liability Terms, with or without a confirming signature.

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 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, including but not limited to, first aid, CPR, use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. Participant further agrees to assume all costs involved in such care and agrees to be financially responsible for any costs incurred therefrom.

NO COMMISSION OF CRIME
Participant will not violate any federal, state, provincial, or local law while participating in the Activity. Participant will not use any property of NWM, including any part of its intellectual property, or the Activity, in furtherance of a crime or commission of fraud.

INDEMNITY
Participant will indemnify, defend, and hold NWM harmless for any injury caused any individual or business entity, including the Participant. This means, if any damage or injury to equipment, facilities, or individuals occurs as a result of Participant, Participant’s family’s, Participant’s agents’, Participant’s invitees’ or any individual’s or business entity’s known or unknown to the Participant willful actions, negligence, or recklessness, Participant agrees to be responsible for any and all costs, assessments, judgements, and financial responsibility associated with any such claim for damage or injury. HOWEVER, Participant shall not be responsible for indemnifying the NWM for injuries and damage that results from the sole and exclusive reckless or intentional actions of the NWM.

PHOTO/VIDEO RELEASE
Participant gives permission for NWM and/or anyone acting on its behalf, to photograph, video, and sound record the Participant. Participant irrevocably licenses to NWM the use of the name, and the Participant’s image, likeness, and voice, as they are captured in the photographs, videos, and sound recordings, in any manner and in whatever medium NWM sees fit. This shall include , but is not limited to the advertisement and promotion of NWM and any of its activities, programs or events.

RIGHT TO REFUSE SERVICE/PARTICIPATION
NWM reserves the right to refuse service to the Participant and/or participation in the Activity at any time, for any reason, or for no reason at all. NWM may, but is not obligated to, terminate Participant’s further participation in the Activity, or NWM event, based on Participant’s violation of any local, state, provincial, or federal law, violation of any rules or policies for the Activity or of the NWM, or Participant’s refusal to abide by the verbal instructions of an authorized designee of NWM.
Participant shall have no right to refund of any fees or deposits paid to NWM for the Activity or event.

LIMITATION OF AUTHORITY
Unless specifically authorized by NWM in writing, Participant has no right to bind NWM to any obligation, agreement, or contract. Participant will not communicate to any third party or allow any third party to assume that Participant speaks on behalf of NWM or has any right to bind NWM to any obligation, agreement, or contract. Should Participant, by their acts or omissions, cause any third party to assume that party has entered into an agreement or contract with NWM, Participant shall be directly liable to the third party regarding the agreement or contract. Participant shall indemnify, defend, and hold NWM harmless for (a) obligation asserted against NWM due to Participant’s unauthorized actions, and (b) liability due to speaking on behalf of NWM without authority.

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. This release supersedes any and all previous oral or written promises or other agreements.

PARTICIPANT ACKNOWLEDGEMENT OF UNDERSTANDING
Participant acknowledges having carefully read this “waiver and release”, and fully understands it is a release of NWM from any liability.

I state that I am of lawful age and legally competent to sign this affirmation and release; that I understand the terms herein are contractual and not a mere recital; and that I have signed this document as my voluntary act and intend to be bound by these terms. I HAVE FULLY INFORMED MYSELF OF THE CONTENT OF THIS AGREEMENT BY READING IT BEFORE I SIGNED IT.