SBS Waiver and Release of Liability

In consideration of the risk of injury that exists while participating in a SIDE BY SIDE EVENT (hereinafter the “Activity”); and

In consideration of my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge SIDE BY SIDE, located at 512 S. Bernard St. Spokane, WA 99204, their affiliates, manages, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releases”), from any physical or physiological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware the risks associated with participating in the activity which may include but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others negligence, conditions related to travel to and from activity, or from conditions at the activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts of failures to act on any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Side by Side to provide all emergency medical care deemed necessary and sharing medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should care my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury or property loss. I agree to not participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Side by Side official or agent, regarding my approval to participate in the activity.

I HEREBY acknowledge that I have carefully read this “WAIVER AND RELEASE” and fully understand that it is a release of liability. I agree to release and discharge Side by Side and all of it’s affiliates, manages, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Side by Side for personal injury or property damage.

To the extent that stature or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on part of Side by Side, it’s agents and employees.

I agree that this Release shall be governed for all purposes by Washington law, without regard to any conflict of law principles, This Release supersedes any and all previews oral or written promises or agreements.

I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

In the event of an emergency, please contact the following person(s) in the order presented:

I, the undersigned participant, affirm that I am of the age of 18 years or older and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand it’s content and that this release cannot be modified orally. I am aware that this is a RELEASE OF LIABILITY AND A CONTRACT THAT I AM SIGNING IT OUT OF MY OWN FREE WILL.