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Waiver

    • "*" indicates required fields
    • A separate agreement is required for each participant
    • Parent or legal guardian for minor participants (under age 18) must sign agreement(s) for self and on behalf of child.
    Note: Participation in any program/event of Seventy48 and Northwest Maritime Center constitutes acceptance of these Waiver of Claims and Limitations of Liability Terms, with or without a confirming signature.
  • Participant Under 18

  • If different than participant listed above.
  • If different than participant listed above.
  • Waiver and Release of Liability

    2025 WAIVER AND RELEASE OF LIABILITY

    Herein the undersigned is the “Participant” desiring to participate in an Activity offered or managed by NWM; “NWM” means Northwest Maritime, Wooden Boat Foundation, and Salish Sea Expeditions, along with any of their respective affiliates, subsidiaries, partnerships, joint ventures, employees, agents, subcontractors, management, and boards of directors; the activity, program, race, or cruise (herein the “Activity”); NWM offers to the Participant involvement and/or participation in the Activity, on material condition that Participant acknowledge and agree to each of the terms below; and Participant agrees and acknowledges as follows:

    Recognition and Acceptance of Risk

    Participant acknowledges any activity on the water is inherently dangerous and the risks posed by activities on the water can be mitigated but not eliminated. Participant acknowledges that the Participant’s risks include but are not limited to: loss, physical or psychological injury, pain, suffering, illness, and death. Participant understands the Activity is dangerous and accepts any and all risks associated with the Activity

    NWM Rules

    Participant acknowledges that NWM has adopted rules and procedures related to: the Activity; use of NWM’s equipment, facilities, and real property; and health and safety. Participant agrees to make themselves aware of and to follow all rules and procedures of NWM. Participant acknowledges that failure to abide by NWM’s rules and procedures may result in injury to the Participant, property, and/or other individuals. Violation of the rules and procedures may result in suspension or expulsion from the Activity, or forfeiture of any payment or deposit made by the Participant.

    Statement of Release

    Participant releases and forever discharges NWM, from liability for any loss or injury to the Participant and the Participant’s property, be the risk of such loss or injury is known or unknown by the Participant. NWM is not responsible for, and Participant releases NWM regarding, the errors, omissions, acts or failure to act, of any third party. This means NWM is not responsible for the acts or omissions of any person or entity conducting the Activity on behalf of NWM, or of any fellow crew member, fellow participant, or invitee of Participant. Participant understands injury or loss could arise from Participant’s or others’ negligence, conditions related to travel to and from the Activity, or conditions at the Activity location(s). Nonetheless, Participant assumes all related risks, both known and unknown to Participant, of involvement in travel to and from the Activity and the Activity itself.

    Limitation of Liability

    Participant agrees that, should the NWM be held liable to the Participant for any reason, Participant’s recovery shall be limited to the fee paid by the Participant to participate in the 431 Water Street, Port Townsend, WA 98368 nwmaritime.org | 360.385.3628 Activity. This limitation shall include, but is not limited to, direct, indirect, special, and incidental, consequential damages. This limitation extends to any form of claim Participant may have, be it tort, equity, contractual, regulatory, or statutory, in nature. This limitation shall include any award Participant may seek for attorney’s fees, costs of litigation, and any right of contribution Participant may have against the NWM.

    Vessel Insurance

    The Participant acknowledges that the NWM strongly advises the Participant to carry, or confirm the owner carries, insurance for no less than the full replacement value of the vessel Participant enters into or uses as a part of the Activity. Additionally, NWM advises Participant to carry insurance against injury to persons and property as may result in the use of the vessel while participating in, or traveling to or from, the Activity. Participant acknowledges that, pursuant to the Statement of Release above, NWM is not liable for any injury to persons or property which may occur on or to Participant’s vessel. Participant and Participant’s insurance will be the primary and only parties responsible any damage or injury that related to Participant’s vessel.

    Participant’s Warranty

    Participant warrants as follows:

    Equipment

    Participant warrants that all equipment the Participant brings with them to use as a part of the Activity, and/or provides to NWM or other participants for their use, is in good working order and has been properly maintained. The equipment is free of defect and is safe if used as intended.

    Vessel

    Participant warrants that any vessel Participant uses as part of the Activity, and/or provides to NWM or other participants for their use, is seaworthy, in good working order, and has been properly maintained. Participant has properly maintained and , when necessary, repaired. All systems on the vessel are in good working order and pose no undue threat of injury to persons or property

    Inspection

    Participant warrants that the Participant has had the opportunity to inspect the equipment and vessel, or vessels, Participant will use or utilize as a part of the Activity. This includes equipment and vessels provided by NWM, a fellow participant, or any third party. Participant warrants and confirms the equipment and vessels are in good working order, are free of visible defects, and Participant is capable of using the equipment or vessels safely and as they are designed.

    Health and Fitness

    Participant warrants that they are aware of the physical and mental demands posed by the Activity. Participant is physically and mentally capable of participating in the Activity without posing a danger to themselves or anyone else. If Participant suffers from a condition, ailment, or injury that may impede Participant’s safe participation in the Activity, Participant warrants that they have consulted with a medical professional regarding the Activity, the medical professional approves of Participant’s participation in the Activity, and that Participant is able to manage the condition, ailment, or injury independently and without the help or intervention of NWM or any third-party.

    No Legal Limitation to Participate

    Participant warrants their participation in the Activity, execution of any of the agreements and covenants required by NWM, and travel to and from the Activity is not in volition of any law or court order and shall not breach the terms of a contract to which the Participant is bound.

    Medical Care

    If Participant should require medical care or treatment at or during the Activity, Participant authorizes NWM to provide all emergency medical care deemed necessary...

    No Commission of Crime

    Participant will not violate any federal, state, provincial, or local law while participating in the Activity...

    Indemnity

    Participant will indemnify, defend, and hold NWM harmless for any injury caused to any individual or business entity...

    Photo/Video Release

    Participant gives permission for NWM and/or anyone acting on its behalf, to photograph, video, and sound record the Participant...

    Right to Refuse Service/Participation

    NWM reserves the right to refuse service to the Participant and/or participation in the Activity at any time...

    Limitation of Authority

    Unless specifically authorized by NWM in writing, Participant has no right to bind NWM to any obligation, agreement, or contract...

    Washington State Jurisdiction

    Participant agrees this release shall be governed for all purposes by Washington State law, without regard to any conflict of law principles...

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