I, the undersigned participant, acknowledge and understand that my participation in any programs, clinics, outreach initiatives, or other activities or events (“Activities”) offered, sponsored, co-sponsored or otherwise affiliated with the Northwest Avalanche Center (“NWAC”): (a) is entirely voluntary; (b) may include travel and activities in backcountry areas which are inherently dangerous; (c) whether in backcountry or non-backcountry areas, involves certain risks, known and unknown, anticipated and unanticipated, including, without limitation, risks of bodily injury (including death and disability) and property damage arising from terrain, snow conditions, weather, temperature, avalanches, equipment, physical fitness, lack of hydration, human error, actions of other people, and other factors; and (d) is with my knowledge and acceptance of the risks associated with such participation. If the undersigned participant is a legal minor, such participant's parent or legal guardian also must sign this agreement. Without limitation of the foregoing, I hereby agree as follows:
1.
Assumption: I hereby assume any and all risks and responsibilities related to my participation in NWAC Activities and travel to and from NWAC Activities, whether in backcountry or non-backcountry areas, including, without limitation, any injuries, damages, liabilities, losses, costs and expenses that I may suffer or incur in connection with my participation in NWAC Activities, even if caused, in whole or in part, by the acts, omissions, errors or negligence of NWAC, any other sponsor or organizer of the NWAC Activities, or any of the directors, officers, employees, volunteers, agents, attorneys or other representatives of NWAC or such other sponsors or organizers (collectively, the “NWAC Parties”).
2.
Waiver and Release: I hereby irrevocably waive and release each of the NWAC Parties and their respective successors and assigns from any and all claims, liabilities, obligations, demands, actions and causes of action, whether known or unknown, anticipated or unanticipated, at law or in equity, that may arise out of or in connection with my participation in NWAC Activities, my travel to or from NWAC Activities, NWAC's use of Images and Remarks pursuant to Section 3, or any injury, damages, liabilities, losses, costs and expenses that I may suffer or incur in connection with the foregoing, even if caused, in whole or in part, by the acts, omissions, errors or negligence of any of the NWAC Parties.
3.
Right to Use Images and Remarks: While participating in NWAC Activities, I understand that I may be photographed, filmed, videotaped, or otherwise recorded. I understand that photographs, films, videos, sound recordings, transcripts of my words, and other recordings of me ("Images and Remarks") may be used by NWAC in any form or manner, now known or later devised, in whole or in part, in connection with the business and other activities of NWAC and for advertising, distribution, marketing, promotion, publicity, reporting and any other purpose. I hereby irrevocably grant permission to NWAC to use, reproduce, modify, make derivative works based upon, publish, distribute, publicly perform, and publicly display, without restriction, any of the Images and Remarks that include my name, likeness, voice, statements and/or image, in whole or in part, in connection with the foregoing. I waive any right to own, inspect, approve, or receive any payment or attribution with respect to any Images and Remarks. In connection with providing any Images or Remarks to NWAC, I will comply in all respects with all content guidelines communicated to me by NWAC.
4.
Governing Law and Venue: This agreement is governed by the laws of the State of Washington, without regard to choice of law principles. I will not commence any legal action related to this agreement or any matters set forth in this agreement in any court other than the appropriate federal or state courts located in King County, Washington. I hereby waive any objection to and submit to the venue and jurisdiction of such courts (regardless of whether I reside in the State of Washington). Further, I will not assert in any legal action or otherwise any claim against any of the NWAC Parties for damages or other relief with respect to matters assumed, waived or released by me under this agreement.
5.
Severability: I acknowledge that NWAC is relying upon the enforceability of this agreement as a condition to my participation in the NWAC Activities. Accordingly, if any provision of this agreement is held to be unenforceable or illegal by a court of competent jurisdiction, then such provision will be reformed or, if necessary, severed as required to effectuate the purpose of this agreement to the maximum extent permitted by applicable law, and all remaining provisions of this agreement will continue in full force and effect.
6.
Miscellaneous: I acknowledge that the purpose of this agreement is that it will be a broad and enforceable assumption, waiver and release of liability in favor of the NWAC Parties to the maximum extent permitted by applicable law. I intend for this agreement to be binding upon me and my heirs, beneficiaries, personal representatives, executors and administrators. No oral representations, statements, or other inducements to sign this agreement have been made to me apart from what is contained in this document. I have read and fully informed myself of the contents of this agreement before signing it.