This document affects your legal rights.

Read THIS ENTIRE AGREEMENT carefully.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

In consideration of the permission to participate in "the Activity" (defined below), I, a legal adult participant over the age of 18, agree to and accept the terms contained in this document, as reflected by my signature below.

1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in a scheduled hike through the forest, or “forest walk” (hereinafter referred to as “the Activity”), which take place outdoors on state forestlands administered by the Washington State Department of Natural Resources (DNR). The Activity may include but is not limited to:

• transportation to various sites on state forestlands (hereinafter referred to as “state forestlands”), which may include driving my own vehicle, or traveling in another participant's vehicle, over poorly maintained or unmaintained logging roads, highways, and other public roadways;

• navigating on foot through remote forested areas; and

• walking, hiking, scrambling, and/or climbing across rough and uneven terrain, through dense vegetation, over potentially unstable hillslopes, wetlands, rivers, streams, or other wet areas, and over large fallen trees and/or logs.

I understand that:

• the Activity is inherently hazardous, even when following all safety precautions and exercising all reasonable care, and I may be exposed to dangers and hazards while driving to state forestlands and engaging in the Activity. Potential driving hazards included but are not limited to collapsing, damaged, eroded, or unmaintained road embankments; unpaved, steep, narrow, rough, slippery, and/or ice-covered road surface conditions; irresponsible drivers; and fast moving logging trucks. Potential Survey Site hazards include but are not limited to tripping and slipping hazards; falling trees or branches; dangerous weather; equipment failures, wild animal encounters; insect bites; harmful or poisonous vegetation; hunting-related hazards including stray bullets from shotguns; fast moving bikes or ATVs; and aggressive or irresponsible recreational users;

• as a consequence of these risks, I may be seriously hurt, disabled, or may die from the resulting injuries, and my property may be damaged;

• hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable during all or portions of the Activity;

• LFDC assumes no responsibility for arranging for or paying for emergency evacuation or search and rescue operations in the event that I am injured or become lost while engaged in the Activity; and

• I agree to assume full legal and financial responsibility for any medical services or health care services necessary to treat injuries that I may incur as a consequence of participating in the Activity, including but not limited to cuts, puncture wounds, bone fractures, concussions, muscle strains or sprains, heat exhaustion; hypothermia; and/or illnesses or reactions to insect bites, bee stings, or consumption of contaminated water.

2. INDEPENDENT ORGANIZATIONS AND INDIVIDUALS: I acknowledge that LFDC has no control over and assumes no responsibility for the actions of independent organizations and individuals providing any services for the Activity. I understand that, while LFDC may provide me with information on state forestlands and suggest safety precautions; that my participation in the Activity is strictly voluntary, and that LFDC is not affiliated with or in any way responsible for facilitating the Activity.

3. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of the Activity, and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity —including any injury or loss caused by the negligence of LFDC, its employees, contractors, directors, officers, volunteers, agents, and other Activity participants. I also understand that any equipment that I provide or may borrow from LFDC, its employees, contractors, directors, officers, volunteers, agents, and other Activity participants I use at my own risk.

4. RELEASE OF LIABILITY: I hereby RELEASE LFDC, its employees, contractors, directors, officers, volunteers, agents, other Activity participants, providers of any equipment used in the Activity, the Department of Natural Resources, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.

5. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 4) against any and all claims to which Section 4 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity or in transport to the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

6. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Washington State law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT.

I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I AGREE AND SIGN IT, ON THE FORM PRESENTED ON PAGE 3 OF THIS RELEASE, OF MY OWN FREE WILL.

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