SHARED SPACES FOUNDATION
RELEASE AND WAIVER OF LIABILITY FORM

This Release and Waiver of Liability Form (this “Agreement”) is executed by the individual named below (“Participant” or “I” or “my”). The Participant desires to participate in programs and activities at “River Access Paddle Program” (the “Program”) provided by or sponsored by Shared Spaces Foundation (the “Organization”), a Washington nonprofit organization.
In consideration of being permitted by the Organization to participate in the Program and in recognition of the Organization’s reliance hereon, I agree to all the terms and conditions set for in this Agreement.

In consideration of being allowed to participate in any way in activities, related events and activities, I, [ First Name ] [ Last Name ], acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.

3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4. Assumption of Risk. I am aware and understand that the Program may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Program and have considered those risks.

1. Diseases. I am aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease “COVID-19” (as defined by the World Health Organization), and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and any other infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, the “Disease”), and the risk that I may be exposed to or contract such Disease by engaging in the Program, which may result in a serious illness, medical complications, personal injury, disability and/or death. I acknowledge that these risks may result from or be compounded by actions, omissions, or negligence of the Organization employees or others. I understand that the Organization has implemented reasonable measures to reduce the risk of injury from the Program and the spread of Disease, however, the Organization cannot guarantee that I will not be injured or become infected with such Disease.
2. Other Risks. I am fully aware of risks and hazards connected with being on the premises, and I am fully aware that there may be risks and hazards unknown to me connected with me being on the premises, I hereby acknowledge that I voluntarily elect to be on the premises and engaged in Program and Organization activities. Other risks associated with the Organization Program, include, but are not limited to injury, resulting illness, or death due to, but not limited to, being present on undeveloped property, property that may contain hazardous waste, gardening, playing sports, interacting with other individuals, and physical activities such as walking, standing, running, bending, crouching, stooping, lifting, climbing, pulling, and simply moving.

NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE PROGRAM WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE PROGRAM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE. I UNDERSTAND THAT THIS RELEASE DISCHARGES SHARED SPACES FOUNDATION FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST SHARED SPACES FOUNDATION WITH RESPECT TO THE AFOREMENTIONED.

5. Organization Policies. I shall comply with all rules, policies, practices, protocols, guidelines, and procedures that may be shared, posted, or provided by Organization or its affiliates, board members, employees, contractors, or agents (the “Representatives”), including all policies of the Centers for Disease Control and Prevention, and all laws and policies of all applicable federal, state and local authorities, as amended at all times. Organization and its designees have the right to deny admission to or eject any person who Organization or such designees determine, in its sole discretion, poses a risk to the health or safety of others and/or whose conduct violates these terms. Organization has attached all current policies and procedures as Attachment A.

6. Release and Waiver. SPECIFICALLY, I AGREE THAT, ON BEHALF OF MYSELF AND MY PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE ORGANIZATION AND THE REPRESENTATIVES WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, PARTICIPATING IN THE PROGRAM, EXPOSURE TO OR CONTRACTION OF COVID-19 OR OTHER DISEASE DURING PARTICIPATION IN ANY PROGRAM AND/OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED, ORGANIZED, AND/OR SPONSORED BY ORGANIZATION, ITS AFFILIATES OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (i) THE NEGLIGENCE OF ANY OF THE REPRESENTATIVES, AND/OR (ii) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE DURING ANY DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. I FURTHER AGREE THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF COVID-19 OR DISEASE, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF ATTENDING THE PROGRAM, AND/OR AS A RESULT OF THEM BEING EXPOSED TO COVID-19 OR DISEASE BY ME. TO THE EXTENT PERMITTED BY LAW, I FURTHER AGREE THAT IT IS MY INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED BY MY OWN BEHALF, AS SET FORTH ABOVE, AND ALSO ON BEHALF OF ANY OF MY INVITEES.

7. Medical Health. I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Program; and (b) not experiencing symptoms of any Disease (such as cough, shortness of breath, or fever), do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Program and the Disease while participating in the Program, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Organization at all times during the Program. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Program, or I begin experiencing symptoms of the Disease, I will immediately inform the Organization and discontinue further participation in the Program.

8. Medical Treatment.

1. Emergency Treatment. I authorize the Organization to seek emergency medical treatment on my behalf in case of injury, accident, or illness to me arising from my participation in the Program. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.
2. Health Screenings. I consent to health screenings and other precautions related to COVID-19 and other Disease that may be required as a condition for attending the Program, including all precautions required by Organization while at the place of the Program or surrounding grounds or parking areas, such as, but not limited to, distancing requirements and the wearing of masks in designated areas.

9. Indemnification. I shall defend, indemnify, and hold harmless the Organization, its’ Representatives against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, awarded against the Organization in a final non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the Program, including any claim related to my own negligence or the ordinary negligence of the Organization.

10. Severability. This Agreement is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.

11. Photographic Release. I understand and agree that during the Program, I may be photographed and/or videotaped by the Organization for internal and/or promotional use. I hereby grant and convey to the Organization all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Organization’s use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL RIGHTS.

If Participant is not yet 18 years old (or the age of majority in the jurisdiction in which individual lives), complete the following form:

I, the undersigned, warrant that I am the [ Parent/Legal Guardian Name ] (parent/guardian) of [ Minor's Name ] , a minor, and have full authority to authorize the above release which I have read and approved. I release and agree to indemnify the Organization from and against any and all liability arising out of the exercise of the rights granted by the above release.