LIABILITY WAIVER AND RELEASE AGREEMENT
IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, PLEASE HAVE YOUR PARENT OR LEGAL GUARDIAN READ THIS EVENT LIABILITY WAIVER AND RELEASE AGREEMENT AND SIGN THE PARENT/GUARDIAN RELEASE AT THE END OF THIS DOCUMENT.
In consideration of receiving permission from SJPT to access SJPT-protected Property in connection with SJPT events and volunteer activities (collectively the "Activities and individually an “Activity”), we ask you to comply with certain terms and conditions. This Liability Waiver and Release Agreement sets forth the applicable rules, regulations, and terms of your participation.
1. HAZARDS AND RISKS. You understand that there may be inherent risks of personal injury associated with your participation in Activities. You recognize that you may encounter certain dangers, including, but not limited to: riding in vehicles over unimproved and uneven roads; hiking on trails that may be wet, slippery, and steep; hiking in areas where solid footing may be obscured by vegetation. You will take appropriate steps to ensure your personal health and endurance during any activity, including rest, food, water, and carrying any prescribed medication you may be taking. You acknowledge that SJPT makes no warranty or representation, expressed or implied, regarding the conditions that may be encountered during your participation in Activities. You agree that you are in good health and are not aware of any physical or medical condition that might endanger yourself or others.
2. ASSUMPTION OF RISKS/AGREEMENT TO RELEASE. You agree that you are participating in Activities entirely at your own risk and that to the greatest extent allowed by law, you will not hold anyone liable or responsible for any injury to yourself (including death), or for any damage to any of your property. You agree to release from liability SJPT, the employees, agents, volunteers, contractors, directors, and affiliates or related subsidiary or parent companies of each (“Released Party”) in connection with any and all costs, damages, losses, claims, causes of action, and liabilities (herein “Losses”) which you may suffer in connection with your participation Activities, including any travel before, during, or after Activities.
This assumption of risk and release, to the greatest extent allowed by law, expressly includes all Losses that are caused by the active or passive negligence of SJPT and/or any Released Party, but excludes Losses to the extent caused by the gross negligence or more culpable conduct of SJPT and/or any Released Party. You understand that by making this assumption of risk and release you are giving up certain legal rights. Specifically, you understand and agree that, to the greatest extent allowed by applicable law, you are releasing SJPT its predecessors, successors, assigns, affiliates, subsidiaries, and parent companies of each Released Party from the consequences of its negligence, even if that negligence causes personal injury, death or property damage.
3. COMPLIANCE WITH APPLICABLE LAWS, RULES AND REGULATIONS. You agree that during your participation in Activities you will comply with all applicable federal, state and county government laws and any applicable policies, rules, and all safety and/or other regulations of SJPT.
4. PHOTO RELEASE. You understand that during your participation in Activities you may be photographed as part of SJPT’s effort to document its programs to highlight worthwhile projects to protect land in the San Juan Islands. By signing this Liability Waiver and Release Agreement you agree to give SJPT permission to use your likeness in various media including but not limited to newsletters, reports, social media, websites, and other printed and electronic media. Use shall be for nonprofit, conservation purposes, including education and community outreach. Furthermore, you hereby waive any rights to inspect or approve the finished image or media.
5. You understand that this is a legal document, and you are entering into a legally enforceable agreement with SJPT which is binding on you, your heirs and assigns and on those who may claim by or through you. By signing this document, you acknowledge and agree that you have consulted with legal counsel or have had the opportunity to do so. You understand that your participation in the Activities depends on your entering into this Liability Waiver and Release Agreement.
This Liability Waiver and Release Agreement is freely and voluntarily executed.
Today's date: October 4, 2023