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RELEASE OF LIABILITY, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

1. DEFINITIONS

RELEASEES DEFINED

In this Release Agreement, the term "RELEASEES" shall refer to: All Owners, Stakeholders, Landlords, and Property Managers of the PROPERTIES defined below, including but not limited to Gorgeous Property Management LLC, Gorgeous Real Estate LLC, Gnarly Nate’s Adventure Retreat LLC, Nathan Bell, and Janice Bell (Keeley), as well as their respective directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, and assigns.

PROPERTIES DEFINED

In this Release Agreement, the term "PROPERTIES" shall refer to the real property and premises located at 6 Tomahawk Rd. and 8 Tomahawk Rd., White Salmon, WA 98672, including all land, trails, tracks, water access points, buildings, and structures located thereon.

ACTIVITIES DEFINED

In this Release Agreement, the term “Mountain Biking and Whitewater Kayaking” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES on or off the PROPERTIES and shall include, but is not limited to: mountain biking; whitewater kayaking, canoeing, or rafting; kayak rental; orientation and instructional courses; surface, air or water transportation; hiking; backpacking; accommodation; and any other such activities or services in any way connected with the PROPERTIES.

2. ASSUMPTION OF RISKS

Injuries are a common and expected part of mountain biking and whitewater kayaking. Serious injuries including paralysis, head injuries, drowning, and death can occur. Mountain biking takes place on steep and rugged terrain, and whitewater kayaking takes place in moving water and remote river canyons.

Risks include but are not limited to: changing weather; mechanical failure of equipment; slips and falls; capsizing; impact with rocks or submerged objects; entrapment in river features (strainers/undercuts); difficulty controlling speed; collisions with other participants or vehicles; encounters with wild animals; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND WHITEWATER KAYAKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS.

3. PARTICIPANT ACKNOWLEDGEMENTS

Please initial next to each statement below:



                    I certify that I am physically fit and have not been advised to not participate by a qualified medical professional.


   


               I acknowledge that I have been advised to wear protective equipment including, but not limited to, a helmet (CPSC-, ASTM- or Snell-approved for biking), knee/elbow pads, and chest/spine protectors for Mountain Biking; and a properly fitted Personal Flotation Device (PFD), whitewater-rated helmet, and thermal protection (wet/dry suit) for Whitewater Kayaking.



                    I acknowledge that I am a competent swimmer and am comfortable in moving water. I understand the risk of capsizing and the potential need for a "wet exit" or swimming in turbulent water.



                    I acknowledge that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Washington. I voluntarily waive my right to a jury trial and agree that if any legal action is brought, it shall be heard by a judge in Klickitat County.



                    I acknowledge that this Accident Waiver and Release of Liability Form will be used by the RELEASEES, and that it will govern my actions and responsibilities on the PROPERTIES.



                    I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

4. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

IN CONSIDERATION OF THE RELEASEES permitting my use of the PROPERTIES, services, and equipment, I HEREBY AGREE AS FOLLOWS:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES and to RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, expense, or injury, including death, DUE TO ANY CAUSE WHATSOEVER.
  2. I EXPRESSLY AGREE TO RELEASE THE RELEASEES FROM THEIR OWN NEGLIGENCE. I understand that I am giving up my right to sue the RELEASEES for any injury or damage caused by the RELEASEES' failure to use reasonable care.
  3. LIMITATION: This agreement does not release the RELEASEES from liability for acts of Gross Negligence or Willful/Wanton Misconduct as defined under the laws of the State of Washington.
  4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation or presence on the PROPERTIES.
  5. SEVERABILITY: If any portion of this Release Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full legal force and effect.
  6. GOVERNING LAW & VENUE: This agreement shall be governed solely by the laws of the State of Washington. Venue for any litigation shall be the Superior Court of Klickitat County.
  7. OPPORTUNITY TO NEGOTIATE: I acknowledge that I have had the opportunity to negotiate these terms or to pay an additional fee for the removal of this release, but have voluntarily chosen to sign as-is.

I HAVE READ AND FULLY UNDERSTAND THIS RELEASE AGREEMENT. I AM AWARE THAT BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.

 

__________________________________________

Participant Signature

May 18, 2026

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Date

 

First Participant's Name
First Name*
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First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
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Participant's Date of Birth*
Date of Birth
Second Participant's Signature*
Third Participant's Name
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Participant's Date of Birth*
Date of Birth
Third Participant's Signature*
Fourth Participant's Name
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Date of Birth
Fourth Participant's Signature*
Fifth Participant's Name
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Participant's Date of Birth*
Date of Birth
Fifth Participant's Signature*
Sixth Participant's Name
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Participant's Date of Birth*
Date of Birth
Sixth Participant's Signature*
Seventh Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Seventh Participant's Signature*
Eighth Participant's Name
First Name*
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Participant's Date of Birth*
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Eighth Participant's Signature*
Ninth Participant's Name
First Name*
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Ninth Participant's Signature*
Tenth Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Signature*
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above and below.

I, the undersigned Parent or Legal Guardian, agree that if, despite this Release Agreement, the minor named below (or anyone on their behalf) makes a claim against the RELEASEES, I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES from any and all litigation expenses, attorney’s fees, loss, or costs incurred as a result of such claim, to the fullest extent permitted by Washington law.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above and below.

I, the undersigned Parent or Legal Guardian, agree that if, despite this Release Agreement, the minor named below (or anyone on their behalf) makes a claim against the RELEASEES, I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES from any and all litigation expenses, attorney’s fees, loss, or costs incurred as a result of such claim, to the fullest extent permitted by Washington law.

Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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