NEW MEMBER WAIVER

THIS IS THE WAIVER THAT YOU MUST SIGN OFF ON WHEN YOU INITIALLY JOIN THE WAKE CLUB AS A NEW MEMBER. YOU WILL BE PRESENTED WITH THIS WAIVER AS PART OF THE SIGN UP PROCESS. THIS DOCUMENT IS FOR INFORMATION PURPOSES ONLY.

WAIVER AND RELEASE.

PARTICIPANT, including their heirs, next of kin, assigns and estate hereby waives any and all past, present and future claims against, and releases and agrees not to sue, WHATCOM ASSOCIATION OF KAYAK ENTHUSIASTS (WAKE) , it's insurers, members, directors, agents, and other participants, and any other persons or entities associated therewith (all herein referred to as “Releases”), from all demands, claims, losses and damages on account of injury, including but not limited to death or damage to property, caused or alleged to be caused, in whole or in part, by the negligence of any of the Releases to the extent permitted by law.  

INDEMNIFICATION.

PARTICIPANT agrees to indemnify, defend and hold harmless the Releases from and against all claims , losses, damages, causes of action, judgments, costs and expenses, including but not limited to attorneys’ fees, and all other liabilities arising out of or relating to PARTICIPANT’S participation in the paddling program and the use of the vessels and other property of WHATCOM ASSOCIATION OF KAYAK ENTHUSIASTS (WAKE) , even if caused by the negligence of any or all of the Releases.

SEVERABILITY, JURISDICTION AND LAW.

This agreement is intended to be as broad and inclusive as permitted by law. If any part of this agreement is held to be invalid, the balance thereof shall remain valid and in full force and effect; and, if necessary, shall be modified to further its intent to waive rights against, and release and indemnify the Releases, against all claims and liabilities as may be permitted by law.

This agreement shall be interpreted and enforced under the laws of the State of Washington. The courts located therein shall have exclusive jurisdiction over all claims, controversies and lawsuits relating to this agreement, and PARTICIPANT’S participation in the paddling program or use of any property of the WHATCOM ASSOCIATION OF KAYAK ENTHUSIASTS (WAKE).

BY SIGNING THIS AGREEMENT, I, the undersigned PARTICIPANT, state and affirm that I was given the opportunity to read this Waiver, Release and Indemnification in full; I have done so; I understand its terms; I understand that by signing it I may be giving up significant legal rights that I otherwise have; I sign it freely, voluntarily, and without any other representations made to me.