RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
1. ACTIVITIES AND ASSOCIATED RISKS: I have chosen to participate in the in-person MOUNTAIN CLIMBING activity which is organized by Team Survivor Northwest (“TSNW”), a Washington nonprofit corporation. In participating in MOUNTAIN CLIMBING, I understand that:
1.1 This activity is potentially hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to, some of the following: falls, fractures, concussions, dangerous or unanticipated weather, overexertion, overheating, hypothermia, injuries from my lack of fitness or conditioning, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, including but not limited to, exposure to COVID-19, which could cause life-threatening reactions or death, equipment failures, and the negligence and unpredictable behavior of others;
1.2 As a consequence of these risks and other risks associated with the MOUNTAIN CLIMBING activity that may not be listed here, I may also be seriously ill, hurt, disabled or may die from the aforementioned hazards and injuries, and my property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the MOUNTAIN CLIMBING activity; and
1.3 TSNW assumes no responsibility for providing medical care during MOUNTAIN CLIMBING, and I will have to pay for any medical care and/or evacuation that I may incur. In consideration of TSNW’s permission to participate in MOUNTAIN CLIMBING, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as any other risks not listed that are part of MOUNTAIN CLIMBING, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in MOUNTAIN CLIMBING, or during any transportation to or from the MOUNTAIN CLIMBING activity, including any injury, illness, or loss caused by the negligence of TSNW, its employees, officers, directors and volunteers and/or other MOUNTAIN CLIMBING participants. I also understand that any equipment that I provide I use at my own risk.
3. RELEASE OF LIABILITY: I hereby RELEASE TSNW, its employees, directors, officers, volunteers and contractors (collectively “Released Parties”), FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me, during the MOUNTAIN CLIMBING activity, including during transportation to or from the MOUNTAIN CLIMBING activity, or in any way related to the MOUNTAIN CLIMBING activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during MOUNTAIN CLIMBING or are related in any way to the MOUNTAIN CLIMBING.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during HIKING. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow The Member Code of Conduct, which has been provided to me, and to follow all directions given to me by the MOUNTAIN CLIMBING leaders.
6. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Washington law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
7. APPLICABLE LAW AND FORUM: This Agreement shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in state court located in King County, Washington, and I agree to the jurisdiction and venue of this court for any such dispute.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.