Indemnification/Hold Harmless Waiver
I, THE UNDERSIGNED, ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM RELEASING THE STATE OF WASHINGTON TO INCLUDE THE DEPARTMENT OF NATURAL RESOURCES AND THE DEPARTMENT OF TRANSPORTATION, ITS OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, CLALLAM COUNTY, THE CITY OF PORT ANGELES, AND PENINSULA ADVENTURE SPORTS (“RELEASEES”) FROM LIABILITY. THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING.
In consideration of my being allowed to participate in the BIG HURT on the Foothills Trail System and roads, city, county, and state roads, and city and county parks, I freely agree that: Mountain biking, kayaking, road biking, and running can be dangerous and pose a risk of injury or even death. I fully assume the risks associated with my participation in this event including but not limited to: hazards from improper technique, accidents, or illness in remote locations without medical facilities, actions of other participants, equipment failure, inadequate safety measures, THE RELEASEES’ OWN NEGLIGENCE, weather conditions, and the risk of any personal or bodily injury, disability or death.
For myself and my heirs, executors, administrators, legal representatives, assignees, and successors in interest, I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees from any and all claims of any kind and character, including claims arising from the Releasees own negligence, and from any and all damages directly or indirectly arising out of, or incident to, my participation in the BIG HURT event or transit to and from the area. A “claim” as used in this contract means any financial loss, claim, suit, action, damage, cost, demand or expense, including but not limited to attorneys’ fees, attributable to bodily injury, disability, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting there from. Should I or my successors assert a claim in breach of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by each Releasee in its defense, unless the Releasee is finally adjudged liable on such claim for willful or wanton negligence. If any term or provision of this agreement is found to be invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
I UNDERSTAND and AGREE to the terms set forth above for my participation in the BIG HURT.
Parent or Guardian waiver for MINORS (under 18 years old)
The undersigned parent and natural guardian or legal guardian does hereby represent he/she is, in fact, acting is such capacity and agrees to save, hold harmless, and indemnify each and all of the Releasees referred to above from all liability, loss, cost claim, or damage whatsoever which may be imposed upon said Releasees because of any defect in or lack of such capacity to so act and release such Releasees on behalf of the minor and the parents or legal guardian.
PHOTO WAIVER
I understand that I may be photographed or filmed. I agree to allow my likeness and/or voice to appear in any Big Hurt or Peninsula Adventure Sports promotions (including advertisements) without compensation or further notice.
I UNDERSTAND and AGREE to the terms set forth above for my participation in the BIG HURT.