Please read carefully. This agreement affects your legal rights and includes a release of claims for negligence.
In consideration for being permitted to participate in Beachfest and related skimboarding activities at Dash Point State Park (the Event), I acknowledge and agree as follows:
1. Assumption Of Risk
I understand that skimboarding and participation in the Event are inherently dangerous activities that can result in SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, DROWNING, OR DEATH. Risks include, without limitation, falls; collisions with other persons or objects; changing water, sand, weather, and surface conditions; equipment failure; and the use of ramps, rails, jumps, structures, obstacles, and other features that may increase the likelihood or severity of injury.
I knowingly and voluntarily assume ALL RISKS, known or unknown, foreseeable or unforeseeable, associated with my participation in or presence at the Event.
2. Release Of Liability - Including Negligence
To the fullest extent permitted by Washington law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE EP Events LLC, Beachfest, the State of Washington, Washington State Parks and Recreation Commission, Dash Point State Park, and their respective insurers, sponsors, property owners, officers, directors, employees, agents, volunteers, judges, officials, contractors, subcontractors, vendors, course or obstacle designers/builders, representatives, affiliates, successors, and assigns (collectively, the Released Parties) from ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, OR CAUSES OF ACTION arising from or related to my participation in or presence at the Event, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.
This release specifically includes claims alleging negligent design, construction, placement, maintenance, inspection, operation, supervision, instruction, judging, event management, crowd control, rescue, first aid, or other acts or omissions, including acts or omissions of employees, volunteers, independent contractors, subcontractors, vendors, judges, officials, course builders, or other persons providing services for the Event, and any claim seeking to hold EP Events LLC or any other Released Party directly, indirectly, or vicariously liable for such conduct.
3. Participant Responsibility
I understand that no Released Party represents or guarantees that any course, ramp, rail, jump, obstacle, water condition, or other Event feature is safe. I am responsible for determining whether I am capable of participating and whether I am willing to use any particular feature or obstacle. I may decline or discontinue participation at any time.
4. Indemnification
To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from third-party claims, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, arising from my own acts or omissions during the Event.
5. Governing Law; Severability
This Agreement shall be governed by the laws of the State of Washington. If any provision is found invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. I SIGN THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.
For Participants Under 18
The undersigned parent or legal guardian consents to the minor's participation, acknowledges the risks described above, and, on behalf of the parent or guardian individually, releases and waives any claims belonging to the parent or guardian arising from the minor's participation, to the fullest extent permitted by Washington law.