2025 CRESCENT BAR BOAT PARADE BOAT AND PERSONAL WATERCRAFT
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of myself, my child(ren), and the occupants of my water vessel being allowed to participate in the 2025 Crescent Bar Boat Parade. I, as the water vessel owner, on behalf of myself and all occupants of my vessel, and for our personalrepresentatives, assigns, heirs and next of kin acknowledge that I have read and understand this Agreement signed by meand am familiar with all safety requirement, legal requirements and restrictions related to the operation a water vesselin the state of Washington and on the Columbia River and all of its tributaries.
I represent and warrant that I am qualified to operate the above-described water vessel. I currently have qualified for and am in possession of a Washington State Boater Education Card. I represent and warrant that I will operate my water vessel in compliance with all Washington laws and other applicable laws and regulations related to my participation in the 2025 Crescent Bar Boat Parade.
Further, I agree to the following:
- ACKNOWLEDGE, AGREE, AND REPRESENT THAT: I fully understand the hazards and risks associated with the many outdoor and other recreational activities in which I am about to engage in or around the Crescent Bar community, including the use of any docks, launch ramps, parking lots and related amenities (collectively referred to as “Activities”), including, but not limited to:
- participating in activities involving boats and boating equipment, and personal watercraft, whether it be as renter, operator, passenger, and/or general user of equipment for same;
- I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue my participation and my child(ren)’s and guests’ participation in the Activities and immediately inform representatives of the GCBA of the unsafe condition.
- FULLY UNDERSTAND THAT: The Activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death caused by, among other things, drowning, and moving parts on equipment, and vehicular traffic on the surrounding grounds or the Columbia River (collectively “Risks”);
- UNDERSTAND THAT: Life vests must be worn at all times while on, in or near the water or while operating any boat or personal watercraft (along with using caution at all times while on, in or near the water);
- UNDERSTAND THAT: We will swim at our own risk and there is no lifeguard on duty at any location;
- These risks and dangers may be caused by my own actions, my child(ren) or guests’ actions or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities takes place, or the negligence of the “released parties” named below;
- there may be other risks and social and economic losses, either not known to me or not readily foreseeable at this time; and
- I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in any of the Activities.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE GCBA, its
officers, directors, members, employees or the owner of the premises on which the Activities occur, and each of their respective agents, officers, directors, partners, members, independent contractors, employees, volunteers, and any of their sponsors, underwriters or advertisers (each considered one of the “Released Parties” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
I, or anyone on my behalf, makes a claim against any of the Released Parties, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS THE RELEASED PARTIES from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as the result of such claim.
HEREBY CONSENT to the use by any Released Party of any of my children or my guest’s likeness, picture, video, team name or individual name in any promotional, marketing or advertising medium, including the internet, newspapers, magazines or other written publications or emails.
ACKNOWLEDGE, AGREE AND UNDERSTAND that only GBCA employees or representatives are allowed to give instructions to participants.
AGREES to disclose to GBCA all potential operators, passengers, and users of my water vessel. I further agree that in the event that I fail to notify GBCA of all potential operators, passengers, or users of said water vessel, I will be personally liable for any damages to the undisclosed individuals or their personal property, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF GBCA EMPLOYEES, OFFICERS, DIRECTORS AND/OR VOLUNTEERS.
AGREES that I am operating my water vessel at my own risk. The undersigned agrees that he/she is voluntarily participating in the 2025 Crescent Bar Boat Parade, and assumes all risk of injury, illness, damage, or loss that might result, EVEN IF THE RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF THE GBCA. Initials:
AGREES that he/she will indemnify and hold harmless GBCA for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned's custody, care, and control, as a result of any and all activities related to the operation of a water vessel and participation in the 2025 Crescent Bar Boat Parade, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF GBCA, ITS OFFICER, DIRECTORS AND/OR VOLUNTEERS.
SAFETY AND SECURITY OF SURROUNDINGS LIABILITY: I understand and acknowledge that GBCA does not guarantee the security or safety of the parking lot, launch ramps, docks, tributaries or the Columbia River, or the areas adjacent to and surrounding these described areas, or of any areas that may be traversed on the way to or from these areas. I release GBCA from any and all claims arising out of accidents or events caused by a participant, or third parties not associated with the 2025 Crescent Bar Boat Parade. Initials
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF GBCA, ITS OFFICERS, DIRECTORS, EMPLOYEES AND VOLUNTEERS OF ALL LIABILITY, INCLUDING NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, PERSONAL INJURY CLAIMS, AND MENTAL ANGUISH CLAIMS TO THE GREATEST EXTENT ALLOWEDBY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF ACTIVITIES (as defined herein) AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ALL LIABILITY
CLAIMS, DEMANDS, LOSSES OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES NAMED ABOVE, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LITIGATIONEXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
