Liability Waiver

**PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.**

The person who is participating in The Salty Vine, LLC DBA The Beverly’s Excursions shall be referred to hereinafter as “PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older and understand that participation in boating excursions, including, but not limited to, boarding and exiting the boat, standing on the boat, walking around on the boat, and drinking alcohol (hereinafter collectively the “ACTIVITY”) can be **HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY.**

THE UNDERSIGNED agree and understand that there are risks associated with participating in the ACTIVITY and that falls or INJURIES may result from engaging in the ACTIVITY. THE UNDERSIGNED agree and understand that risks include, but are not limited to: losing one’s

balance, slipping, tripping, falling, falling out of the boat and into the water, seasickness, changing weather conditions, and the condition of the PARTICIPANT. THE UNDERSIGNED acknowledge and understand that the description of activities and risks listed above are not

complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. By signing this release, THE UNDERSIGNED recognize that property loss, serious injury and death are all possible while participating in the ACTIVITY. **RECOGNIZING THE RISKS OF THE ACTIVITY, THE UNDERSIGNED UNDERSTAND AND EXPRESSLY ASSUME ALL RISKS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.**

In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED hereby agree to ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY. Additionally, THE UNDERSIGNED agree to RELEASE THE SALTY VINE, LLC, DBA THE BEVERLY, its affiliated organization and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE.

THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including injury, which PARTICIPANT may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY.

THE UNDERSIGNED are responsible for determining PARTICIPANT’s medical, physical or other qualifications or suitability for participating in the ACTIVITY. THE UNDERSIGNED represent that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED agree that upon PARTICIPANT’s transport to any

such medical facility or hospital that the RELEASED PARTY shall have no further responsibility for PARTICIPANT. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY for any medical costs and/or expenses incurred therein, or any claims originating therefrom.

In consideration for allowing PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED AGREE that ANY AND ALL claims for injury and/or death arising from the PARTICIPANT’s participation in the ACTIVITY shall be GOVERNED BY WASHINGTON LAW and EXCLUSIVE JURISDICTION of any claim shall be in the WASHINGTON STATE SUPERIOR COURT residing in the county where the alleged incident occurred.

By signing this agreement, the PARTICIPANT represents that he/she is at least 18 years of age.

This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogees, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.