Wooden Boat Festival – Food Vendor Application

Herein the undersigned is the “Participant” desiring to participate in an Activity offered or managed by NWM; “NWM” means Northwest Maritime, Wooden Boat Foundation, and Salish Sea Expeditions, along with any of their respective affiliates, subsidiaries, partnerships, joint ventures, employees, agents, subcontractors, management, and boards of directors; Activity is the NWM youth or adult education program, event, tour, and other participatory activity (herein the “Activity”); NWM offers to the Participant involvement and/or participation in the Activity, on material condition that Participant acknowledge and agree to each of the terms below; and Participant agrees and acknowledges as follows:

Participant acknowledges program activities may be inherently dangerous and the risks posed can be mitigated but not eliminated. Participant acknowledges that the Participant’s risks include but are not limited to: loss, physical or psychological injury, pain, suffering, illness, and death. Participant understands the Activity is dangerous and accepts any and all risks associated with the Activity.

Participant acknowledges that NWM has adopted rules and procedures related to: the Activity; use of NWM’s equipment, facilities, and real property; and health and safety. Participant agrees to make themselves aware of and to follow all rules and procedures of NWM. Participant acknowledges that failure to abide by NWM’s rules and procedures may result in injury to the Participant, property, and/or other individuals. Violation of the rules and procedures may result in suspension or expulsion from the Activity, or forfeiture of any payment or deposit made by the Participant.

Participant releases and forever discharges NWM, from liability for any loss or injury to the Participant and the Participant’s property, be the risk of such loss or injury is known or unknown by the Participant. NWM is not responsible for, and Participant releases NWM regarding, the errors, omissions, acts or failure to act, of any third party. This means NWM is not responsible for the acts or omissions of any person or entity conducting the Activity on behalf of NWM, or of any fellow crew member, fellow participant, or invitee of Participant. Participant understands injury or loss could arise from Participant’s or others’ negligence, conditions related to travel to and from the Activity, or conditions at the Activity location(s). Nonetheless, Participant assumes all related risks, both known and unknown to Participant, of involvement in travel to and from the Activity and the Activity itself.

Participant agrees that, should the NWM be held liable to the Participant for any reason, Participant’s recovery shall be limited to the fee paid by the Participant to participate in the Activity. This limitation shall include but is not limited to, direct, indirect, special, and incidental, consequential damages. This limitation extends to any form of claim Participant may have, be it tort, equity, contractual, regulatory, or statutory, in nature. This limitation shall include any award Participant may seek for attorney’s fees, costs of litigation, and any right of contribution Participant may have against the NWM.

Health and Fitness

Participant warrants that they are aware of the physical and mental demands posed by the Activity. Participant is physically and mentally capable of participating in the Activity without posing a danger to themselves or anyone else. If Participant suffers from a condition, ailment, or injury that may impede Participant’s safe participation in the Activity, Participant warrants that they have consulted with a medical professional regarding the Activity, the medical professional approves of Participant’s participation in the Activity, and that Participant is able to manage the condition, ailment, or injury independently and without the help or intervention of NWM or any third-party.

Participant warrants their participation in the Activity, execution of any of the agreements and covenants required by NWM, and travel to and from the Activity is not in violation of any law or court order and shall not breach the terms of a contract to which the Participant is bound.

If Participant should require medical care or treatment at or during the Activity, Participant authorizes NWM to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. Participant further agrees to assume all costs involved in such care and agrees to be financially responsible for any costs incurred therefrom.

Participant will not violate any federal, state, provincial, or local law while participating in the Activity. Participant will not use any property of NWM, including any part of its intellectual property, or the Activity, in furtherance of a crime or commission of fraud.

Participant will indemnify, defend, and hold NWM harmless for any injury caused to any individual or business entity, including the Participant. This means, if any damage or injury to equipment, facilities, or individuals occurs as a result of Participant, Participant’s family’s, Participant’s agents’, Participant’s invitees’ or any individual’s or business entity’s known or unknown to the Participant willful actions, negligence, or recklessness, Participant agrees to be responsible for any and all costs, assessments, judgements, and financial responsibility associated with any such claim for damage or injury. HOWEVER, Participant shall not be responsible for indemnifying the NWM for injuries and damage that results from the sole and exclusive reckless or intentional actions of the NWM.

Participant gives permission for NWM and/or anyone acting on its behalf, to photograph, video, and sound record the Participant. Participant irrevocably licenses to NWM the use of the name, and the Participant’s image, likeness, and voice, as they are captured in the photographs, videos, and sound recordings, in any manner and in whatever medium NWM sees fit. This shall include, but is not limited to the advertisement and promotion of NWM and any of its activities, programs or events.

NWM reserves the right to refuse service to the Participant and/or participation in the Activity at any time, for any reason, or for no reason at all. NWM may, but is not obligated to, terminate Participant’s further participation in the Activity, or NWM event, based on Participant’s violation of any local, state, provincial, or federal law, violation of any rules or policies for the Activity or of the NWM, or Participant’s refusal to abide by the verbal instructions of an authorized designee of NWM. Participant shall have no right to a refund of any fees or deposits paid to NWM for the Activity or event.

WASHINGTON STATE JURISDICTION

Participant agrees this release shall be governed for all purposes by Washington State law, without regard to any conflict of law principles. This release supersedes any and all previous oral or written promises or other agreements.

Participant acknowledges having carefully read this “waiver and release”, and fully understands it is a release of NWM from any liability.

I, Parent or Guardian of Participant listed above, have carefully read this “waiver and release”. I fully understand that it is a release of NWM from any liability for any claim brought on behalf of the Participant AND the Participant’s Parent or Guardian. I agree to be personally bound by each of the terms set out above to the same extent as though I am the “Participant.” I understand that this is a material condition of the Participant participating in the Activity.