Surfwhisperer

Participant Waiver — SurfWhisperer
SurfWhisperer · Silkway LLC

Participant Waiver &
Release of Liability

Seattle, WA · State of Washington · King County

This is a legally binding document. By signing, you waive important legal rights, including the right to sue for negligence. Please read carefully before signing.

1 Assumption of Risk

I understand and acknowledge the extreme inherent hazards associated with water sport activities, including wake surfing, wakeboarding, foiling, floating tube use, swimming, and riding in a motorized vessel. These risks include but are not limited to:

  • Falling into water, being struck by equipment, a boat hull, propeller, or tow rope
  • Drowning, near-drowning, or loss of consciousness
  • Adverse weather, cold water temperatures, or wave conditions
  • Equipment failure or the negligence of myself or others

I understand these risks could result in severe physical injury, paralysis, or death. My participation is entirely voluntary and I assume all related risks.

2 Release and Waiver of Liability

I hereby voluntarily release and hold harmless Silkway LLC (SurfWhisperer), its owners, members, employees, agents, and representatives from all liability for personal injury, property damage, or death — including claims based on negligence — arising from my participation in any activity or use of any equipment.

I waive any and all claims, demands, or causes of action connected with my participation in these activities.

Washington State requires the word "negligence" to appear explicitly in a waiver for it to be enforceable. This release covers negligent acts or omissions by Silkway LLC and its representatives.

3 Indemnification

I agree to indemnify, defend, and hold harmless Silkway LLC (SurfWhisperer) from any claims, damages, losses, and expenses (including attorney's fees) arising from my participation — including claims caused by my own negligence or misconduct.

4 Health & Fitness Declaration

I certify that I am in adequate physical health and am not aware of any medical condition that would prevent safe participation in wake surfing or related water activities.

If you have a cardiovascular condition, seizure disorder, back/neck injury, or are pregnant, please consult your physician before participating.

5 Safety Rules & Life Jacket (PFD)

I agree to follow all safety instructions from the captain at all times. I acknowledge that a U.S. Coast Guard-approved Personal Flotation Device has been made available to me in accordance with RCW 79A.60. I understand:

  • Children under 13 are required by Washington law to wear a PFD aboard a moving vessel
  • The captain may require any participant to wear a PFD at his sole discretion
  • The captain may terminate a session at any time for safety reasons, without a guaranteed refund

6 Alcohol & Substance Policy

Participation under the influence of alcohol or drugs is strictly prohibited and may constitute a criminal offense under RCW 79A.60.040.

I agree not to participate while under the influence of alcohol, illegal drugs, or any medication that impairs my judgment or physical ability. Violations result in immediate session termination without refund.

7 Emergency Medical Authorization

I authorize Silkway LLC (SurfWhisperer) and its representatives to contact emergency services and consent to emergency medical care on my behalf in the event of an injury or medical emergency. I am financially responsible for any resulting costs, including emergency transportation and treatment.

8 Media Release

I grant Silkway LLC (SurfWhisperer) permission to use photographs and video footage taken of me during participation in water activities for promotional purposes, including social media, advertising, and website use. I understand I will receive no financial compensation for such use.

If you do not wish to be photographed or recorded, you must inform staff verbally before the activity begins. SurfWhisperer will make reasonable efforts to exclude you from any photo or video content.

9 Governing Law & Electronic Signature

This Agreement is governed by the laws of the State of Washington. Any legal proceedings shall be brought exclusively in King County, Washington. If any provision is found unenforceable, the remaining provisions remain in full force.

My electronic signature is legally binding and equivalent to a handwritten signature under the ESIGN Act and Washington UETA (RCW 19.360).