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2024 Rainier HRC Event Release of Liability and Hold Harmless Agreement

CASCADE RETRIEVERS LLC

17126 SR 203, Monroe, WA 98272

(425) 330-4228 | Colin@cascaderetrievers.com

RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT (“AGREEMENT”)

BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING AND AGREEMENT TO ITS TERMS.

RELEASED PARTIES: Cascade Retrievers LLC, its members, agents, contractors, employees, and volunteers; Colin Ching and Christine Ro (hereinafter “SPONSOR”)

INHERENT RISKS.

WHEREAS, the UNDERSIGNED acknowledges the inherent risks of canine activities, not limited to Sight Hound Racing Events, Retriever Hunt Tests and Field Trials, Upland Hunt Tests, Pointing Dog Hunt Tests, Seminars, Mock Hunt Seminars and Fundraisers, Wounded Veteran Waterfowl Club Mock Hunt / Fundraiser, police K-9 certification events, fire department training, canine obedience classes, scent work and/or tracking events, or otherwise, which risks include but are not limited to, bodily injury, illness, disability, and/or death to persons and/or canines, and/or property damage, and are described in greater detail below, arising out of or related to being on SPONSOR’S property (17126 SR 203, Monroe, WA 98272) or at any other location, camping on the property, attending or participating in canine events or other events, canine training or coaching, the use of gas shotgun simulators (no projectile), shotguns (both live shot and blanks), duck/goose decoys, and the handling of live and dead birds, or otherwise; volunteering in any capacity, being in close proximity of canines in any manner, including as a spectator, and any other risks reasonably related to engaging in canine or non-canine activities; and that both canine and/or handler, as well as spectators, can be injured during even seemingly normal or routine use, training, or competition;


 

OTHER INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO:

The propensity of canines to behave in ways, such as, barking, growling, snarling, whining, running, chasing, biting, nipping, fighting, pull or push; showing signs of aggression; acting overly friendly, shy, or in any other way that is particular to the animal; as well as in other ways not listed herein that are generally characteristic of canines; the unpredictability of a canine’s reaction to such things as sounds and loud noises, bright or flashing lights, colors, sights, surprises, sudden movement and/or unfamiliar objects, other persons or other animals (whether domestic or wild); the unpredictability of a canine’s reaction to training techniques, firearms, ATV’s, wingers, duck/goose decoys as well as live and dead birds (e.g. ducks, pigeons, chukar, pheasant), terrain, environments, people, animals (domestic or wild) or otherwise; the inability to control certain outside and environmental factors and weather that may have an impact on the canine or training; and the reality that canines can encounter sickness or disease, astray, theft, damage, injury or death, especially during training, during increased stress, or while at a location away from home. All of which may also result in an injury, harm, disability, or death to persons or the canine, and/or property damage;

Inherent risks for injury to a person(s) are not limited to, biting, scratching, being knocked or pushed over, falls, fractures, concussions or any head injury, paralysis, disability, death, overexertion, fatigue, overheating; injuries due to a lack of physical fitness or conditioning, prior injuries, illness, or medical condition; the negligence of others; the potential for SPONSOR, a participant, a spectator, any guest including the Undersigned’s family, or any other third-party, to act in a contributorily negligent manner that may thereby contribute to the Undersigned’s injuries; exposure to a communicable disease, pathogen, illness, infection, plague, or other transmittable condition (including COVID-19); environmental factors not limited to the weather, terrain, any cliff or drop off, any body of water whether natural or man-made, forestry, or noxious/poisonous plants or trees not limited to hemlocks, nettles or prickly plants, as well as Blue Green Algae; poisonous insects, spiders, reptiles, bees, or any other insect, animal or predator; slip and fall; the unpredictability of terrain, roads, pathways, or trails; cars or any other motorized vehicles, SPONSOR’S equipment, bikes or ATVs; the potential that any person may fail to maintain control over their canine, may not be aware of their canine’s behavior or anticipate the canine’s reactions under all or unknown circumstances, may overstate or misrepresent their canine abilities, or otherwise fail to act within the participant’s ability; the potential for collisions between people, canines, other animals, property, or any combination thereof; injuries as a result of other animals (whether domestic or wild); injuries as a result of a canine or cat bite, scratch, or strike; any injury sustained as a result of equipment, equipment failures, or training equipment; the use of firearms for training not limited to a variety of shotguns (semi-auto/pump and O/U), starter pistols and shotgun simulators; various ammunition not limited to a variety of bird shot and blanks (primers and poppers), 209 primers or 22 blanks, and/or propane or map gas (no projectiles), or otherwise; that firearms can malfunction, backfire, misfire, become blocked, or otherwise fail to work properly; unknown latent property defects; new, undiscovered, or preexisting surface or subsurface conditions, or damages to the premises; or any consequences due to limited availability of emergency medical care; and

Inherent risks of property damage not limited to, any lost, stolen, or damaged personal property of the Undersigned such as, electronics, clothing or footwear, training equipment, the canine’s personal effects, and any other personal property; and vehicles including campers, RV’s, any type of trailer, and tents, including the contents thereof.


 

HOLD HARMLESS RELEASE OF LIABILITY.

WHEREAS, the UNDERSIGNED, acknowledges s/he has read and understands the foregoing “Inherent Risks” and does hereby knowingly and voluntarily release SPONSOR from any liability or responsibility for accident, damage, injury, disability, death, or illness (including COVID-19) to the Undersigned or the Undersigned’s minor child, or any canine owned by or in the custody and control of the Undersigned, or to any family member, guest, or spectator accompanying the Undersigned, including any of the Undersigned’s minor children, while at any location on or off of the premises of SPONSOR not limited to the public, OWNER’S home or any other designated location; and that except in the event of this SPONSOR’S gross negligence or willful misconduct, the undersigned agrees to not bring any claims, demands, actions or causes of action, and/or litigation, against SPONSOR for any economic or non-economic losses due to bodily injury, disability illness, death, and/or property damage sustained by the Undersigned and/or the Undersigned’s minor child or legal guardian in relation to the premises and operations of this event, not limited to canine training/coaching, working with/around canines; attending canine events or other events; or otherwise being near canines owned by or in the care, custody and control of SPONSOR or third-parties.


 

INDEMNIFICATION.

IN CONSIDERATION, therefore, for the privilege of participating and/or attending any canine event, test, trial, seminar, fundraiser, class, or any other canine event; camping on the property, canine training/lessons, or otherwise working around canines as afforded by SPONSOR, at any location on or off of the premise, today and on all future dates, the Undersigned does hereby agree to defend and indemnify SPONSOR and agrees to pay all associated legal fees and costs incurred by SPONSOR’S defense, arising out of the acts or omissions of the Undersigned, or the Undersigned’s minor child, while receiving the services as described herein, or arising from the use of the property and facilities and being on SPONSOR’S property generally.


 

ASSUMPTION OF RISK.

The Undersigned, completely understanding and acknowledging the inherent dangers associated with being on the property and using the facility; participating and/or attending any canine event, test, trial, seminar, fundraiser, class, or any other canine event; camping on the property; canine training/lessons, and canine-activities generally, and also having had an opportunity and sufficient time to fully inspect the SPONSOR’S premises including sufficient opportunity to know of and appreciate specific risks of the premises, does hereby voluntarily, knowingly, and expressly assume all associated risks and hazards of the land, canine training/lessons, camping, or from participating in any canine or non-canine event or activity.

Further, the Undersigned, completely understanding and acknowledging that the fields are actively farmed by the local dairymen and the inherent dangers associated therewith, including but not limited to cutting, raking tedder, windrowing, fertilizing, spraying herbicides, and collecting the grass; and that at times equipment may be left on the property, the Undersigned does hereby voluntarily, knowingly, and expressly assume all associated risks and hazards of being on the property that farms the fields.


 

MEDICAL RELEASE.

The Undersigned hereby authorizes SPONSOR to seek emergency medical care by emergency personnel, a physician, or any medical facility, if in SPONSOR’S discretion emergency medical care is required for the Undersigned, a minor participant, or an accompanying spouse or relative, and the Undersigned is unable to convey permission for such care at all or in a timely manner. The Undersigned agrees to accept full financial responsibility for all medical treatment and associated transportation.


 

USE OF MY LIKENESS AND RELEASE.

By initialing & signing below, I hereby give SPONSOR permission to use my photographic likeness and/or a photographic likeness of my property, including my canine(s), in display, the internet or SPONSOR’S website, advertisements, marketing, promotional or educational publications, and in any other media including social media or email. I hereby grant permission to SPONSOR to use, reproduce, distribute and/or publicize my photographic likeness and/or likeness of my property, including my canine(s). Publication, use, and distribution of these photographic likenesses may be by any means and without limit. Publication or use may occur in any media form, including internet, email, website or web pages, social media, newspapers, magazines, television, brochures, pamphlets, instructional material, books, and educational material.


 

MISCELLANEOUS.

The Undersigned voluntarily, knowingly and expressly agrees to hold harmless and indemnify SPONSOR of any and all risks from failing to thoroughly read and abide by all SPONSOR Rules & Policies (whether or not posted or in effect at the time of this Agreement); the Undersigned’s failure to fairly and accurately represent and warrant his/her experience with firearms or the failure to safely and properly use and handle firearms during use for training or generally; and/or the Undersigned’s failure to fairly and accurately represent and warrant his/her canine abilities and canine training experience, or the canine’s history, training, or experience.


 

Severability: If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Governing Law; Attorney Fees: The Undersigned agrees that this Agreement shall be subject to the laws of the State of Washington and that any dispute arising from this Agreement shall be subject to the exclusive jurisdiction and venue in the Superior Court of the State of Washington in and for the County of Snohomish. The prevailing party shall be entitled to reasonable attorney fees and costs.

Facsimile and Electronic Signatures Authorized: The Parties to this Agreement may complete and sign this Agreement electronically and such copies will be treated as original for purposes of enforcing the terms of this Agreement.

 

I AM OVER THE AGE OF 18, AND I HAVE READ THIS ENTIRE DOCUMENT THOROUGHLY AND UNDERSTAND IT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNITY FOR ALL CLAIMS, TODAY AND AT ALL TIMES IN THE FUTURE.

First Participant's or Attendee's Name

First Name*

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First Participant's or Attendee's Date of Birth*
First Participant's or Attendee's Signature*
Second Participant's or Attendee's Name

First Name*

Last Name*
Second Participant's or Attendee's Date of Birth*
Third Participant's or Attendee's Name

First Name*

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Third Participant's or Attendee's Date of Birth*
Fourth Participant's or Attendee's Name

First Name*

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Fourth Participant's or Attendee's Date of Birth*
Fifth Participant's or Attendee's Name

First Name*

Last Name*
Fifth Participant's or Attendee's Date of Birth*
Sixth Participant's or Attendee's Name

First Name*

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Sixth Participant's or Attendee's Date of Birth*
Seventh Participant's or Attendee's Name

First Name*

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Seventh Participant's or Attendee's Date of Birth*
Eighth Participant's or Attendee's Name

First Name*

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Eighth Participant's or Attendee's Date of Birth*
Ninth Participant's or Attendee's Name

First Name*

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Ninth Participant's or Attendee's Date of Birth*
Tenth Participant's or Attendee's Name

First Name*

Last Name*
Tenth Participant's or Attendee's Date of Birth*
Parent or Guardian's Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
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.


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.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's 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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