Temporary Docking or Mooring at Wapato Point
ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
As consideration for being permitted to temporarily dock and/or moor my boat or other water craft (“Water Craft) at Wapato Point’s dock or moorage, the undersigned hereby agrees as follows:
- Assumption of Risk. I ACKNOWLEDGE THAT THE DOCKING AND/OR MOORING OF A WATER CRAFT INVOLVES RISKS AND DANGERS, WHICH COULD RESULT IN LOSS OF OR DAMAGE TO THE WATER CRAFT AS WELL AS INJURY OR DEATH. I AM VOLUNTARILY DOCKING AND/OR MOORING MY WATER CRAFT WITH THE KNOWLEDGE OF THE RISKS AND DANGERS INVOLVED AND ACCEPT AND ASSUME ANY AND ALL LOSS, DAMAGE, INJURY, OR DEATH THAT MAY ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF DOCKING AND/OR MOORING MY WATERCRAFT. I FURTHER AGREE THAT Wapato Point Management Company, Wright-Wapato, INc., THEIR AFFILIATES or subsidiaries, any one of the Associations affiliated with Wapato Point, and any of their employees, agents, officers, directors or shareholders, (“the Wapato Parties”) WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH ARISING FROM OR RELATED TO MY DOCKING AND/OR MOORING MY WATER CRAFT.
- Release. On behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns, I hereby voluntarily release, forever discharge, and covenant not to sue the Wapato Parties for any and all liability, damages, claims, demands, losses or causes of action of any and every kind, including for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me and/or my estate, and arises directly or indirectly as a result of my docking and/or mooring my Water Craft.
- Indemnity. I agree to indemnify and hold harmless the Wapato Parties from and against any and all liabilities, damages, claims, demands, losses, or causes of action of any and every kind (including attorney’s fees and costs), which are made or alleged by other individuals or entities and arise directly or indirectly as a result of my docking and/or mooring of my Water Craft, whether caused by my negligence or otherwise.
- Successors. This Agreement shall be binding upon and inure to the benefit of all successors and assigns of both parties.
- Knowing and Voluntary Execution. I have read and understand THIS AGREEMENT, and intend my signature below to be a complete, unconditional AND VOLUNTARY release of all liability ARISING FROM DOCKING AND/OR MOORING OF MY WATER CRAFT, to the GREATEST extent allowed UNDER Washington law.