MERCER ISLAND WOMEN'S CLUB
CONDITIONS OF PARTICIPATION, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration for allowing me to participate in activities and events sponsored or organized by, or in association with, the Mercer Island Women's Club (the "Activities"), I, the undersigned, agree as follows:
1. I hereby acknowledge and agree that the Activities involve certain risks and dangers, both from human and natural causes, including but not limited to risks and dangers presented by changes in the weather or terrain. I have considered the Activities in which I will participate, and the associated risks and dangers, and (a) have determined that I am in sufficient health and physical capability to participate, and (b) knowingly and voluntarily accept the risks and dangers. I understand that I am responsible for my own conduct and decisions while participating in the Activities. I understand that I am to furnish my own gear, equipment, food and water appropriate for the Activities and that I, alone, am responsible for its safety and operating condition. I further agree to participate in a safe and cooperative manner while participating in any Activities.
2. On my behalf, and on behalf of my family, estate, heirs or assigns, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Club, its officers, agents, employees, volunteers, or the leader(s) of any of the Activities in which I participate (collectively, the "Released Parties"), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, my participation in such Activities (including but not limited to travel to or from such Activities), except for those caused by the willful misconduct, gross negligence or intentional torts of the Released Parties. I further represent that I have insurance coverage, or will obtain insurance coverage, for any loss or injury I may sustain arising out of my participation in the Activities.
3. On my behalf, and on behalf of my family, estate, heirs or assigns, also agree to INDEMNIFY AND HOLD the Released Parties HARMLESS from any and all claims, actions suits, procedures, costs, expenses, damages and liabilities, including but not limited to, attorney's fees, arising from, or in any way related to, my participation in any of the Activities (including but not limited to travel to or from such Activities), except for those caused by the willful misconduct, gross negligence or intentional torts of the Released Parties.
4. I agree that the terms of this Agreement are intended to be as broad and inclusive as permitted by the law of the State of Washington and that if any term or portion thereof is held invalid, the remainder of the terms or portions thereof shall continue in full legal force and effect.
5. Members and their guests are expected to exercise personal self-control and reasonable judgment, and in particular, moderate alcohol consumption, when attending club functions. As a member of the Mercer Island Women's Club, I will adhere to the club's Bylaws and Standing Rules. (Full text of By Laws and Standing Rules are in the Club Directory)
I have read this Conditions of Participation, Release, Waiver of Liability and Indemnity Agreement and have had the opportunity to seek independent advice and counsel regarding its terms. I fully understand these Conditions of Participation, Release, Waiver of Liability and Indemnity Agreement, that I may be giving up substantial rights in connection therewith, and that its terms are contractual and not a mere recital. I acknowledge that I am signing this agreement freely and voluntarily.