In consideration of organizers and sponsors permitting me to participate in all aspects of the Washington CoastSavers Cleanup (“CoastSavers Activity”), I hereby agree as follows:
1. Assumption of Risk.
(a) I fully understand and appreciate the dangers, hazards and risks inherent in participating in the CoastSavers Activity; transportation between CoastSavers Activity locations; undertaking any independent research or other activities as an adjunct to the Activity; and using any of the facilities or equipment related to the Activity (collectively, “Activities”), which risks include serious physical injury up to death, property damage and other loss. I understand that participating in such Activities will subject me to dangerous conditions, including but not limited to, sun exposure and hot weather conditions, inclement weather, rain, ocean currents, and that I may sustain injuries, including but not limited to, heat stroke, sunburn, minor cuts, dehydration and hypothermia. (b) I further understand there are foreseeable and unforeseeable risks inherent in participating in this Activity, including but not limited to the conduct of other participants and third parties, and natural conditions such as the terrain, wildlife, weather and cleaning up trash and debris near the ocean and other bodies of water. (c) I acknowledge that I am responsible for my own conduct and safety, that the risks of physical injury, damage, financial liability and loss as stated herein are not exhaustive, and that Coastsavers Activity organizers and sponsors do not require my participation in any of the Activities. Knowing the nature of such risks, and having made my own investigation regarding the risks inherent in participating in such Activities, I expressly and voluntarily agree to accept and assume all such risks.
While I am participating in the Activities, I agree to follow any standards of conduct imposed by CoastSavers Activity organizers and sponsors, as well as the instructions and directions of CoastSavers personnel at all times, including but not limited to any instructions or directions regarding safety procedures. I understand and agree that CoastSavers Activity organizers and sponsors may at any time terminate my participation in any of the Activities should I engage in conduct that violates standards of conduct, disrupts the Activities, harms CoastSavers Activity organizers’ and sponsors reputation, or injures the welfare of other participants and third parties. I further agree to immediately report all unsafe acts, dangerous conditions, injuries to the CoastSavers staff in charge.
3. Personal Motor Vehicle/Equipment Use.
If I use my own motor vehicle or other equipment for the purposes of or during the Activities, I certify it has been properly maintained and is in good working condition. I also certify that I am competent to operate the vehicle and/or equipment safely and effectively; and that I have all the requisite licenses and insurance necessary to operate it. I further understand that I will be responsible for any passengers that I transport in my personal vehicle or allow to use my personal equipment.
4. Special Requirements, Health Condition and Medical Treatment.
(a) I certify that I am physically able to walk on sandy or rocky conditions and work retrieving trash and/or debris at the edge of the ocean and other bodies of water. (b) I certify that I am physically fit to participate in all the Activities, and have no medical or physical condition that impairs, restricts or prevents my participation, or affects my health or safety or that of others participating, in the Activities. Participants who have physical limitations must arrange on their own for a suitable person to assist them for the duration of their involvement in CoastSavers Activities. (c) I understand CoastSavers Activity organizers and sponsors are not providing me with health insurance, and certify that I have medical and other insurance and/or resources sufficient to cover any injuries that I may sustain in connection with my participation in the Activities. (d) I understand CoastSavers Activity organizers and sponsors are not responsible for and will not be providing medical or emergency personnel to staff any Activities. (e) In the event of a medical emergency and I am unable to communicate, I authorize CoastSavers staff in its sole discretion to: (1) take reasonable actions, including hospitalizing me, for my health and well-being and at my sole expense; and (2) notify the person(s) listed on the CoastSavers form as my emergency contact(s) of the nature of the emergency and my location.
5. WAIVER AND RELEASE.
In consideration of CoastSavers Activity organizers and sponsors permitting me to participate in the activities, I, on behalf of my family, heirs, executors, estate, representatives, successors and assigns, voluntarily agree to release, defend, forever discharge, indemnify and hold harmless CoastSavers Activity organizers and sponsors, agents, trustees, and all those acting on its behalf (“Releasees”) from any and all claims, charges, demands, actions, causes of action, damages (including physical injury, death, property damage, financial liability and expenses), suits in equity and liabilities of any kind and whatever nature (including but not limited to any claim of negligence) arising from or relating to my participation in the Activities.
6. This Agreement is made and entered into in the State of Washington, and shall be subject to, governed by, and construed and enforced pursuant to, the laws of the State of Washington. The courts of the State of Washington shall have exclusive jurisdiction with respect to any dispute or litigation relating to any matter within the scope of this Agreement. If any provision of this Agreement is found to be unlawful, unenforceable, or void in any respect whatsoever, the remaining provisions of the Agreement will be unaffected and will remain in full force and effect.
7. This Agreement may be pleaded as a full and complete defense to, and may be used as the basis for any injunction against, any action, suit, administrative investigation or other proceeding that may be instituted, prosecuted or attempted in breach of this Agreement. No representations, statements or inducements, oral or written, express or implied, apart from the statements herein, have been made.
I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENTS, AND SIGN IT UNDER MY OWN FREE WILL. I UNDERSTAND THIS AGREEMENT CREATES LEGAL OBLIGATIONS AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE, AND DO SO VOLUNTARILY.