Mercerwood Shore Club
Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing)
The undersigned member (“Member”) of Mercerwood Shore
Club (“MSC”), on behalf of all members of their family who
use MSC facilities hereby agree:
- The Member will instruct the other persons who belong to MSC with the
Member that prior to participating in any activity at MSC, he or she
should inspect the facilities and equipment to be used, and if he or she
believes anything is unsafe, the participant should immediately advise
the officials of such condition and refuse to participate. The Member
and his or her family understand and agree that, if at any time, any of
them feels anything to be UNSAFE, the Member and his or her family will
immediately take all precautions to avoid the unsafe area and REFUSE TO
PARTICIPATE further.
- The Member and his or her family fully understand and acknowledge that:
- There are risks and dangers associated with participation of athletic
activities which could result in bodily injury, partial and/or total
disability, paralysis and death.
- The social and economic losses and/or damages, which could result
from these risks and dangers described above, could be severe.
- These risks and dangers may be caused by the action, inaction or
negligence of the participant or the action, inaction or negligence of
others, including, but not limited to MSC, any of its officers,
employees, directors, trustees, members, users, shareholders, agents,
affiliates, contractors, vendors, successors, predecessors, assigns, or
related entities (the “Releasees”).
- There may be other risks not known to us or are not reasonably
foreseeable at this time.
- The Member and his or her family accept and assume such risks and
responsibility for the losses and/or damages following such injury,
disability, paralysis or death, however caused and whether caused in
whole or in part by the negligence of the Releasees.
- The Member and his or her family HEREBY acknowledge that THE
ACTIVITIES AT MSC CAN BE VERY DANGEROUS and involve the risk of serious
injury and/or death and/or property damage. The Member and his or her
family also expressly acknowledge that INJURIES RECEIVED MAY BE
COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF
THE RELEASEES.
- The Member and his or her family further expressly agrees that the
foregoing release, waiver and indemnity agreement is intended to be as
broad and inclusive as permitted by the law of the State of Washington
and that if any portion is held invalid, it is agreed that the balance
shall, notwithstanding, continue in full legal force and effect.
- On behalf of a family member including any minor, the undersigned
Member executes this Waiver and Release. If, despite the release, the
Member or his or her family make a claim against any of the Releasees,
such Member will reimburse the Releasee for any money which they have
paid to such Member, or on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE
GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO
ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF
ALL LIABILITY, INCLUDING ANY NEGLIGENCE OF THE ORGANIZATION NAMED BELOW,
TO THE GREATEST EXTENT ALLOWED BY LAW.
Name of Organization:
MERCERWOOD SHORE CLUB
Member Signature:
Print Name:
Member Number:
Names of Family Members:
Date: