In consideration of the services of Olympic Outdoor Center, their agents, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Olympic"), I hereby agree to release and discharge Olympic on behalf of myself, my children, my parents, my heirs, assigns personal representative and estate as follows:
I acknowledge that sea kayaking and whitewater kayaking activities, including basic instruction, entails known and inherited risks as well as unknown and unanticipated risks which could result in physical or emotional injury, paralysis, death, drowning or damage to myself, property or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
These risks include, among other things: 1) Weather conditions that may change quickly, including wind, lightning, rain and sun; 2) Water conditions that may change quickly, including waves, currents, tides and cold water temperatures; 3) Hypothermia (being to cold) and hyperthermia (being to hot); 4) Contact with acquatic and land animals, including insects and wildlife, in the water, along the shore or in camp; 5) Difficult terrain or walking conditions along the shore or in camp, including mud, rocks, and steep slopes, and marine life such as barnacles and sea urchins; 6) Accidental ingestion of salt water; 7)Personal injury or property damage due to collision with other motorized or non-motorized boats (including other kayaks, paddles, and equipment) and their wakes, and with natural or man-made objects in the water such as trees, rocks, reefs, piers, buoys, driftwood and other debris; 8) Falling in or otherwise striking pool walls and fixtures during a class; 9) Entrapment in a kayak; 10) Muscular or skeletal injury or strain due to physical exertion, especially in the wrist, shoulder, or back; 11) Improper first aid, emergency treatment or other services rendered, and the unavailability of life saving services or immediate medical attention in the case of injury; 12) My own physical condition and my own acts or omissions, including my level of kayaking experience and expertise; 13) The consumption of tainted food or drink; 14) Falling, capsizing or being flipped into the water (either intentionally or unintentionally), including when entering or exiting the kayak; 15) My own and other participants attempts to exceed our kayaking skills and/or kayaking in a reckless manner; 16) My own failure or that of other participants to follow the safety guidelines and other instructions of Olympic employees, including always wearing shoes and a personal floatation device; 17) Improper use of equipment; 18) Inadequate construction, repair or maintenance of Olympic facilities and equipment; 19) Manufacturing or other defects, both apparent and latent, in the equipment supplied or used by Olympic; 20) Vehicular or pedestrian accident while being transported to or walking to or from Olympic staging areas, or while engaged in Olympic activity, including transportation by commercial ferry; 21) Error or negligence on the part of Olympic and its instructors and employees, including inadequate instruction or assistance.
Olympic instructors reserve the right to alter, cut short, or cancel any class due to weather conditions, illnesses, accidents or any other unforeseen circumstances. Furthermore, Olympic instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Olympic from any and all claims, demands or causes of action which are in any way connected with my participation in this activity or my use of Olympic equipment or facilities, including any such claims which allege negligent acts or omissions of Olympic.
Should Olympic or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I also agree that any litigation be held in Kitsap County, Washington.
I certify that I have insurance to cover injury or damage I may suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume — and bear the costs of — all risks that may be created, directly or indirectly, by any such condition.
By signing this document I acknowledge that if anyone is hurt or property is damaged during my participation in this activity I may be found by a court of law to have waived my right to maintain a lawsuit against Olympic on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it and I agree to be bound by its terms.
Print Name: ______________________________ Email:____________________________________
Address:__________________________________________________________________________
Signature of participant: ____________________________
Print Parent/Guardian Name: ________________________
Signature of Parent/Guardian: ___________________________________________ Date: ___________