Silkway LLC (SurfWhisperer)

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RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK AGREEMENT

I hereby understand and acknowledge the extreme inherent hazards and risks associated with water sport activities, including but not limited to, wake surfing, wakeboarding, foiling, floating tube, swimming, and riding in a boat.

I realize that these risks cannot be eliminated and include, but are not limited to, falling into the water, being struck by equipment or a boat, drowning, and being struck by others. These risks may be caused by the negligence of myself or others, reckless misconduct by myself or others, or otherwise.

I understand and acknowledge that these risks could lead to severe physical and/or emotional injury, paralysis, death, and/or damage to me, property belonging to me, Silkway LLC (SurfWhisperer), and/or to third parties. My participation in the watersports activities is voluntary, and I agree to assume all risk of personal injury, including paralysis and death, which may occur while I am participating in any watersports activity.

I agree to abide by all safety rules and strictly follow all instructions given by Silkway LLC (SurfWhisperer) and its representatives. I agree to use proper procedures and practices for wake surfing, wakeboarding, foiling, floating tube use, swimming, and boat riding. I further agree that if I fail to follow these procedures, I accept full responsibility. I also agree to remain attentive to the lake and/or river conditions and to the boat and equipment, and to promptly report any damage or hazards I observe or cause.

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RELEASE AND WAIVER OF LIABILITY

I hereby voluntarily release and hold harmless Silkway LLC (SurfWhisperer), its owners, members, volunteers, agents, lessors, insurers, and representatives from all liability for personal injury or property damage that I may incur, and I waive any and all claims, demands, or causes of action that may be connected with my participation in this activity or my use of any equipment or facilities, including claims that allege negligence by Silkway LLC (SurfWhisperer).

I understand that this waiver applies to any claim for personal injury, including death, even if such claim is based in whole or in part on the negligent acts or omissions of Silkway LLC (SurfWhisperer) or its representatives.

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INDEMNIFICATION CLAUSE

I agree to indemnify, defend, and hold harmless Silkway LLC (SurfWhisperer), its owners, agents, employees, volunteers, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees and court costs) arising from or related to my participation in any activity, including claims caused by my own negligence or misconduct.

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GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any legal action or proceeding related to this Agreement shall be brought exclusively in the courts located in King County, Washington.

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EMERGENCY MEDICAL AUTHORIZATION

I authorize Silkway LLC (SurfWhisperer) and its representatives to obtain or administer emergency medical care for me in the event of an injury or medical emergency. I understand and agree that I am financially responsible for any such care, including transportation and treatment.

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MEDIA RELEASE

I grant Silkway LLC (SurfWhisperer) permission to use photographs or video footage taken of me during participation in water activities for promotional purposes, including but not limited to social media, advertising, and website use. I understand that I will not receive any compensation for such use.

If I do not wish to be photographed or recorded, I agree to verbally inform the staff during the activity, and SurfWhisperer will make reasonable efforts to exclude me from any photo or video content.

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Participant Acknowledgment and Signature

 This is a legally binding document. Please read carefully before signing.