The University of Washington Recreation
UWild Adventures' Gear Garage
Acknowledgment of Risk & Waiver of Liability
In consideration for using the services of the University of Washington’s Department of Recreation (the University or UW Recreation), including the opportunity to rent or borrow University equipment, I hereby agree as follows
1. I acknowledge that the activities I will be participating in and the equipment I will be renting entail both known and inherent risks, and unknown and unanticipated risks that could result in serious physical or emotional injury, paralysis, death, drowning, or other injury or property damage to myself and third parties.
These risks include but are not limited to the following:
a) weather conditions that may change quickly, including precipitation, wind, lightning, fog, and excessive heat and sun exposure; b)Snow conditions that may change quickly, including avalanches, groomed snow, ungroomed snow, and ice; c) water conditions that may change quickly, including waves, currents, tides, eddies, whirlpools, fallen trees, and cold water temperatures; d) surf conditions along shore areas; e) overexertion, hypothermia, and hyperthermia; f) contact with wildlife and other animals, including insects, reptiles, in water and on land; g) difficult terrain or walking conditions, along shorelines, mud, trails, slippery rocks, and steep slopes; h) injury to a participant’s body, hands, fingers, torso, legs or head due to striking objects such as rocks, roots, packed trail, trees, parts of the equipment or other persons; i) entrapment or being crushed by the equipment, fallen trees, rocks, tree wells, and other unforeseen objects; j) collision with motorized or non-motorized vehicles and equipment, and with natural or man-made objects such as trees and rocks, reefs, docks, piers, debris, or water immersion; k) muscular or skeletal injury, dislocation or strain due to physical exertion, entering and exiting equipment, or use of equipment; l) improper first aid, emergency treatment or other attempted rescue services, and the unavailability of life-saving services or immediate medical attention in the case of injury; m) my physical condition and my acts or omissions, including my level of experience and expertise; n) exposure to polluted land, water or air; o) falling, capsizing, wrecking, and being flipped in the equipment, including while entering and exiting the equipment; p) my and others’ attempts to exceed our respective skill levels and or reckless use of equipment; q) my failure or that of others to follow commonly accepted safety guidelines, and/or cultural norms, including wearing appropriate safety equipment and clothing; r) my and others’ improper use of rental equipment; s) manufacturing or other defects, both apparent and latent, in the equipment supplied or used by the UW.
2. I acknowledge that the University has made no representations concerning my ability to safely use the rented equipment, and no representations or recommendations concerning the appropriateness of my proposed trip. I understand that l am solely and fully responsible for the selection of my proposed trip, including its appropriateness for my level of skill and experience.
3. I agree to carefully inspect the University equipment being provided to me, and I accept that equipment in the state it is in. If I find that the equipment is unclean or damaged, I will return it to UW Recreational Sports immediately and prior to use.
4. I agree that I have received all the requested instruction in the use of the University equipment and that I have received satisfactory answers to any questions I may have asked regarding the use and function of the equipment. I understand that being absent at the time of equipment pick up I am forfeiting my opportunity to ask questions and receive instruction on how to properly use the equipment. I understand that I am solely responsible for the safety and good operating condition of the University equipment from the time I accept it until the equipment is returned and passes inspection by UW Recreation staff. I understand that this inspection may not happen immediately at drop-off.
5. I agree to be responsible for all individuals and parties using University of Washington equipment while the equipment is in my, or their, possession. I assume all the liability and risk for other users. I agree that I am responsible for transferring knowledge on how to use the equipment safely to others. I AGREE TO HOLD HARMLESS THE UW FOR THE USE OF EQUIPMENT BY ANYONE OTHER THAN MYSELF.
6. I agree that the use of personal safety gear, such as a helmet, PFD, avalanche beacon, is strongly recommended while using University equipment. Choosing not to wear said safety equipment is done so at my own risk.
7. I agree to be responsible for returning the University equipment in a clean and sanitary condition, with no sand, mud, dirt, debris, trash, food, beverage, insects, vermin, bodily fluids, or other filth, deposit, or contamination left on or in the equipment. I also agree to bear the cost of repair and replacement of any of the University equipment lost or damaged during my use in a manner acceptable to UW Recreational Sports. If any of the University equipment is not returned in a clean and sanitary condition, I agree to pay the cost incurred by UW Recreational Sports to clean, sanitize, and if necessary, replace such equipment.
8. I agree to be responsible for the risks that are related to transporting the rented equipment. These risks include but are not limited to, the rented equipment and/or racks coming loose or untied from the vehicle while in motion, shifting equipment transported inside the vehicle, equipment being jettisoned from within the vehicle during an accident, or an abrupt stop.
9. I understand that the University of Washington does not provide health, accident, or liability insurance to cover injury or damage I may cause or suffer while participating in this activity and using University equipment. I agree to maintain personal health, accident and liability insurance or bear the costs of such injury or damage myself.
Acknowledgment of Risk
I understand that the foregoing risks cannot be eliminated without jeopardizing the essential qualities of the activity and assume those not under the control of University staff. I expressly agree to accept and assume all risks of the activity for which the University equipment will be used. My participation in this activity is purely voluntary, and I elect to use the University’s equipment and participate in a said activity in spite of these risks.
Waiver and Release
I hereby waive, release and forever discharge, and agree not to claim against the Board of Regents of the University of Washington, its regents, officers, students, and agents for any injuries, damages, costs, expenses or attorney fees. I further agree to defend, indemnify and hold the Board of Regents of the University of Washington, its regents, officers, students, and agents harmless from and against any and all claims, demands expenses, attorney fees, costs or causes of action connected with or arising from my participation in this activity and use of University equipment.
By signing this document, I understand 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 pursue a claim or lawsuit against the University of Washington on the basis of my waiver and release of claims herein. I agree that I have had sufficient opportunity to read this entire document and that I HAVE READ AND UNDERSTAND THIS RENTAL AGREEMENT, ACKNOWLEDGEMENT OF RISK AND WAIVER AND RELEASE AND I AGREE TO BE BOUND BY ITS TERMS.