- Herein the Volunteer Contact listed above, is the “Participant” desiring to participate in an Activity offered or managed by NWMC;
- “NWMC” means the Northwest Maritime Center, Wooden Boat Foundation, and the Salish Sea Expeditions, along with any of their respective affiliates, subsidiaries, partnerships, joint ventures, employees, agents, subcontractors, management, and boards of directors;
- The Activity is the NWMC Volunteer Program (herein the “Activity”);
- NWMC 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 water is inherently dangerous and the risks posed by
activities on 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.
NWMC RULES
Participant acknowledges that NWMC has adopted rules and procedures related to: the Activity;
use of NWMC’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 NWMC. Participant
acknowledges that failure to abide by NWMC’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 NWMC, 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. NWMC is not responsible for, and Participant releases NWMC regarding, the errors,
omissions, acts or failure to act, of any third party. This means NWMC is not responsible for the
acts or omissions of any person or entity conducting the Activity on behalf of NWMC, 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 NWMC 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 NWMC.
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 NWMC 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.
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 NWMC 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 NWMC, 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 NWMC 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 NWMC, 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 NWMC 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 NWMC for
injuries and damage that results from the sole and exclusive reckless or intentional actions of the
NWMC.
PHOTO/VIDEO RELEASE
Participant gives permission for NWMC and/or anyone acting on its behalf, to photograph, video,
and sound record the Participant. Participant irrevocably licenses to NWMC 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 NWMC sees fit. This shall include ,
but is not limited to the advertisement and promotion of NWMC and any of its activities, programs
or events.
RIGHT TO REFUSE SERVICE/PARTICIPATION
NWMC 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. NWMC may, but is not obligated to, terminate
Participant’s further participation in the Activity, or NWMC 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
NWMC, or Participant’s refusal to abide by the verbal instructions of an authorized designee of
NWMC. Participant shall have no right to refund of any fees or deposits paid to NWMC for the
Activity or event.
LIMITATION OF AUTHORITY
Unless specifically authorized by NWMC in writing, Participant has no right to bind NWMC 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 NWMC or has any right to bind
NWMC 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
NWMC, Participant shall be directly liable to the third party regarding the agreement or contract.
Participant shall indemnify, defend, and hold NWMC harmless for (a) obligation asserted against
NWMC due to Participant’s unauthorized actions, and (b) liability due to speaking on behalf of
NWMC 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 NWMC from any liability.
