Waiver: In consideration for being allowed to participate in any of the West Michigan Offshore Events (Adelaide Point Power Boat Weekend, Rock the Coast Powerboat Weekend, Gold Coast Summer Blast, the Fall Run, etc..), I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE West Michigan Offshore, its officers, agents, and volunteers (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action what so ever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in any of the West Michigan Offshore Events, while in, on or upon the premises where any of the events are being conducted and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. “Participation” for purposes of this Waiver shall mean piloting a boat or being a passenger in a boat piloted by someone else.
Assumption of Risks: I am fully aware of the risks and hazards connected with any of the events of West Michigan Offshore, and I am aware that such activity includes the risk of injury and even death, and I hereby elect to voluntarily participate in any of the West Michigan Offshore events, knowing that my participation may be hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of participating in any of the West Michigan Offshore events, to the fullest extent allowed by law.
Indemnification and Hold Harmless: I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that RELEASEES may incur due to my participation in any of the West Michigan Offshore events, to the fullest extent allowed by law.
Binding Effect. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the state of Michigan and that any mediation, suit, or other proceeding must be filed or entered only in Michigan and the federal or state courts. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
I, the undersigned, agree to the terms above.
