Waiver and release of Liability

SAILING SEATTLE – WAIVER AND RELEASE OF LIABILITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING

This Waiver and Release of Liability (“Agreement”) is entered into between the undersigned participant (“Participant”) and Emerald City Charters inc. DBA Sailing Seattle, its owners, officers, agents, employees, volunteers, affiliates, successors, and assigns (collectively, the “Released Parties”).

1. ACTIVITY DISCLOSURE

Participant voluntarily elects to participate in a recreational sailboat charter aboard a former racing sailboat owned and operated by Sailing Seattle (“the Activity”). The Activity may include boarding, disembarking, sailing in various weather and water conditions, and being in proximity to open water.

2. SAFETY AND INSTRUCTION COMPLIANCE

Participant agrees to listen attentively to the mandatory safety briefing provided prior to departure and to follow all instructions given by the captain and crew at all times during the Activity. Participant understands that failure to comply may increase the risk of injury or result in removal from the Activity without refund.

3. ASSUMPTION OF RISK

Participant understands and acknowledges that sailing involves inherent risks, including but not limited to: slips, falls, motion sickness, equipment failure, and exposure to the elements. Participant expressly assumes all risks, known or unknown, associated with the Activity, including those arising from the negligence of the Released Parties or others.

4. RELEASE OF LIABILITY

Participant, on behalf of themselves and their heirs, executors, administrators, assigns, and representatives, hereby voluntarily and irrevocably releases, waives, discharges, and agrees not to sue the Released Parties from any and all claims, demands, causes of action, damages, losses, or liabilities (including attorneys’ fees) arising out of or related to the Activity, whether caused by the negligence of the Released Parties or otherwise.

5. INDEMNIFICATION

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to Participant’s participation in the Activity or any breach of this Agreement.

6. MEDICAL AUTHORIZATION

Participant certifies that they are physically fit to participate and have not been advised otherwise by a qualified medical professional. In the event of an emergency, Participant authorizes the Released Parties to secure medical treatment and agrees to be financially responsible for such treatment.

7. MINOR PARTICIPANTS

If Participant is under the age of 18, this Agreement must be signed by a parent or legal guardian. The parent or legal guardian hereby agrees to all terms set forth in this Agreement on behalf of the minor and further agrees to indemnify and hold harmless the Released Parties from any claims arising from or related to the minor’s participation in the Activity.

8. DRUG AND ALCOHOL POLICY

Participant agrees that possession or use of illegal drugs or any substance that causes impairment is strictly prohibited before and during the Activity. Sailing Seattle reserves the right to deny boarding or remove any Participant who, in the judgment of the captain or crew, appears to be impaired or intoxicated, without refund.

Participants are permitted to consume alcohol on board in moderation, provided it is done responsibly and in accordance with the captain’s discretion. If a Participant becomes visibly intoxicated or poses a safety concern, Sailing Seattle reserves the right to confiscate any remaining alcohol and/or restrict further consumption. Participant acknowledges that failure to comply with this policy may result in immediate termination of their participation in the Activity without refund.

9. SEVERABILITY AND GOVERNING LAW

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.

ACKNOWLEDGMENT AND SIGNATURE

Please type FIRST AND LAST NAMES of all members of your party to acknowledge that you have read and understood this agreement, accept all terms voluntarily, and agree to be bound by them.