This Release and Waiver of Liability Form (this “Agreement”) is executed by the individual named below (“Participant”, “I”, or “my”). The Participant desires to participate in programs and activities (“Program(s)”) provided by or sponsored by Newcomers Club of Greater Seattle, a Washington nonprofit organization (the “Club”).
In consideration of being permitted by the Club to participate in the programs or activities and in recognition of the Club’s reliance hereon, I agree to all the terms and conditions set forth in this Agreement.
1. Assumption of Risk. I am aware and understand that the Programs may be dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks associated with the Programs and the Club, including, but not limited to, riding or traveling in a motorized vehicle, contact with flora, fauna, and airborne allergens in public eating areas and outside excursions, unpredictable environmental conditions and events including weather and natural disasters, uneven terrain and natural hazards, being near or on bodies of water, interacting with other individuals, engaging in physical outdoor activities, and exposure to infectious diseases, including the 2019 novel coronavirus disease “COVID-19”, and any strains, variants, or mutations thereof; and the resulting illness or death from the foregoing.
2. Acknowledgement. I acknowledge that risks could arise from the actions, omissions, or negligence of the Club or its employees. While the Club has taken reasonable measures to reduce these risks, I accept that no guarantees can be made regarding injury or infection. I am fully aware of the potential risks, including injury, illness, or death, arising from these activities, and I voluntarily choose to participate, accepting these risks.
Notwithstanding these risks, I acknowledge that I am voluntarily participating in the program with knowledge of the dangers involved. I hereby agree to accept and assume all risks of injury, illness, disability, death, and/or property damage arising from my participation in the Program, whether caused by the ordinary negligence of the Club or otherwise. I understand that this release discharges the Club from any liability or claim that I may have against the Club with respect to the aforementioned.
3. Release and Waiver. I, on behalf of myself and my representatives, heirs, spouse, partners, executors, administrators, successors, assigns, and next of kin, hereby waive, release, hold harmless, discharge and agree not to sue the Club and its representatives for any claims, liabilities, or demands (including personal injury or wrongful death) arising from participation in the program or related activities arranged by the Club, its affiliates, or representatives, including claims due to (i) negligence of the representatives or (ii) inherent risks of visiting any venue. This release and covenant not to sue also applies to any of my invitees.
4. Medical Health and Emergency Treatment. I agree to engage only in activities that are safe for my current physical condition. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Program, I will immediately inform the Club and discontinue further participation in the Program. I authorize the Club to seek emergency medical treatment on my behalf in case of injury, accident, or illness arising from my participation in the Program. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
5. Rules and Regulations. I agree to follow any rules or regulations promulgated by the Club, or the Program. I understand that violating these rules may result in temporary or permanent removal from the Program, and disruptive behavior may lead to restricted access or withdrawal from the Program. I acknowledge that alcohol may be served and consumed during Club events held in both public spaces and private residences. The Club’s policy requires that alcohol be consumed in moderation, and each Participant and their invitees are responsible for managing their own consumption and ensuring that it remains within reasonable limits.
6. Indemnification. I shall defend, indemnify, and hold harmless the Club, its Representatives against any and all losses, damages, liabilities, deficiencies, claims, judgments, settlements, interest, awards, penalties, fines, or costs of whatever kind, including reasonable attorney fees, the enforcement of any right to indemnification, and the cost of pursuing any insurance providers, awarded against the Club in a final non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the Program, including any claim related to my own negligence or the ordinary negligence of the Club.
7. Severability. This Agreement is intended to be as broad and inclusive as is permitted by law. If any part of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder shall not be affected and shall remain valid and fully enforceable.
8. Photo Release. Unless I check the “No images” line below, I grant the Club and its agents the right to use my photographic portraits, images, or videos, in whole or part, for any lawful purpose, including publications or websites, without payment or consideration. I waive any right to inspect or approve the final product or its use.
