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Thank you for joining us for the 14th Annual Run with the Chums 5K Fun Run & Smolt Sprint! We are excited to get outside, have fun, and celebrate salmon and water with you!

Location: BP Highlands, 6898 Point Whitehorn Rd., Blaine, WA 98230

Smolt Sprint starts at 9:30 AM

5K Run begins at 10:00 AM

Check-in opens at 8:30 AM – get there early for your free T-shirt (first come, first served)!

Registration includes the race waiver, for shorter lines on race day!

Run with the Chums kicks off Whatcom Water Week. Be sure to check-out the other events celebrating our local water resources.

Run with the Chums 5K Fun Run/Walk Assumption of Risk, Release of Liability, Waiver, and Indemnity Agreement

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR CLAIMS ARISING FROM ORDINARY NEGLIGENCE.

This Assumption of Risk, Release of Liability, Waiver, and Indemnity Agreement (“Agreement”) applies to participation in the Run with the Chums 5K Fun Run/Walk and related activities, including pre-event, event-day, and post-event activities, whether occurring on public property, private property, trails, roads, parking areas, or other event-related locations (collectively, the “Event”).

1. Definitions

For purposes of this Agreement, “Participant” means the individual participating in the Event.

If the Participant is under 18 years old, “Parent/Guardian” means the parent or legal guardian signing this Agreement on the minor Participant’s behalf.

For purposes of this Agreement, “Releasees” means:

• Washington State Department of Fish & Wildlife, and its officials, employees, volunteers, contractors, representatives, agents, successors, and assigns;

• Whatcom Conservation District, and its officials, employees, volunteers, contractors, representatives, agents, successors, and assigns;

• BP Products North America Inc., its parent companies, subsidiaries, affiliates, successors, assigns, officers, directors, shareholders, employees, contractors, representatives, agents, volunteers, sponsors, co-sponsors, and any person or entity acting on its behalf; and

• all other Event organizers, sponsors, co-sponsors, volunteers, contractors, property owners, and persons or entities involved in organizing, hosting, supporting, or conducting the Event.

2. Voluntary Participation

Participant understands and agrees that participation in the Event is voluntary. Participant is not required to participate and chooses to do so freely.

Participant represents that Participant is physically able to participate safely in the Event. Participant understands that the Event may involve physical exertion and that Participant is responsible for determining whether Participant is medically and physically fit to participate.

Participant agrees not to participate if Participant has any medical condition, injury, illness, or other limitation that may make participation unsafe.

3. Assumption of Risk

Participant understands that the Event involves inherent and other risks, known and unknown, that may result in injury, illness, death, property damage, or other loss.

These risks include, but are not limited to:

• slips, trips, falls, collisions, and contact with other participants;

• uneven ground, holes, rocks, roots, mud, gravel, pavement, bridges, curbs, slopes, stairs, trails, and natural or man-made obstacles;

• weather conditions, including heat, cold, rain, wind, poor visibility, wildfire smoke, or poor air quality;

• dehydration, exhaustion, heat-related illness, cardiac events, respiratory issues, allergic reactions, or other medical emergencies;

• contact with vehicles, bicycles, animals, insects, plants, or members of the public;

• risks associated with public roads, trails, pathways, parking areas, and recreational spaces;

• inadequate or delayed access to medical care;

• negligent acts or omissions by other participants, spectators, volunteers, contractors, or third parties; and

• other risks associated with walking, running, gathering, and participating in an outdoor public event.

  
  

Participant understands these risks and voluntarily assumes all risks arising out of or related to participation in the Event, whether those risks are known or unknown, foreseeable or unforeseeable.

4. Release and Waiver of Liability

In consideration for being allowed to participate in the Event, Participant, on behalf of Participant and Participant’s heirs, executors, administrators, personal representatives, successors, and assigns, fully and forever releases, waives, discharges, and agrees not to sue the Releasees for any claims, demands, causes of action, damages, losses, costs, liabilities, or expenses of any kind arising out of or related to Participant’s participation in the Event.

This release includes, but is not limited to, claims for:

• personal injury;

• illness;

• death;

• property damage;

• medical expenses;

• lost wages or lost earning capacity;

• pain and suffering;

• emotional distress;

• attorneys’ fees; and

• any other loss or damage.

  
  

Participant expressly understands and agrees that this release includes claims arising from the ordinary negligence of the Releasees.

This includes ordinary negligence relating to:

• Event planning, organization, supervision, staffing, or operation;

• premises conditions;

• course design, inspection, or maintenance;

• warnings, instructions, signs, or directions;

• emergency response or medical assistance;

• volunteer or contractor conduct;

• sponsorship, co-sponsorship, or support of the Event; and

• use of any property, equipment, facilities, roads, trails, or other areas associated with the Event.

  
  

Nothing in this Agreement is intended to release claims that cannot legally be released under applicable law, including claims arising from gross negligence, willful misconduct, or intentional misconduct.

5. Indemnification

Participant agrees to indemnify, defend, and hold harmless the Releasees from and against any claims, demands, causes of action, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Participant’s participation in the Event;

• Participant’s violation of this Agreement;

• Participant’s conduct during the Event;

• Any claim brought by or on behalf of Participant despite this Agreement; or

• Any claim brought by a third party arising from Participant’s acts or omissions.

6. Medical Authorization and Expenses

Participant authorizes the Releasees and Event personnel to obtain or provide emergency medical care for Participant if they reasonably believe medical care is necessary.

Participant understands that the Releasees are not required to provide medical care or medical personnel.

Participant agrees that Participant is solely responsible for all medical costs, ambulance costs, emergency response costs, treatment costs, and related expenses arising from Participant’s participation in the Event.

7. Compliance with Event Rules

Participant agrees to follow all Event rules, instructions, signs, directions, and safety guidance provided by the Releasees, Event organizers, volunteers, law enforcement, medical personnel, or other authorized persons.

Participant understands that the Releasees may deny or terminate Participant’s participation if Participant acts unsafely, fails to follow instructions, or creates a risk to Participant or others.

8. Photo, Video, and Media Release

Participant grants the Releasees the right to photograph, film, record, or otherwise capture Participant’s name, image, likeness, voice, appearance, and participation in the Event.

Participant authorizes the Releasees to use such photographs, video, recordings, or other media for promotional, educational, informational, fundraising, archival, internal, or public relations purposes, in any format or media, without compensation to Participant.

9. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Washington, without regard to conflict-of-law rules.

To the fullest extent permitted by law, any dispute arising out of or related to this Agreement or the Event shall be brought in a state or federal court located in Whatcom County, Washington.

10. Severability

If any provision of this Agreement is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid, unlawful, or unenforceable provision shall be interpreted or modified to the minimum extent necessary to make it valid and enforceable, to the fullest extent permitted by law.

11. Entire Agreement

This Agreement is the entire agreement between Participant and the Releasees regarding the subject matter of this Agreement.

Participant acknowledges that Participant has not relied on any oral or written statement, promise, or representation not included in this Agreement.

12. Electronic Signature

Participant agrees that an electronic signature, digital signature, scanned signature, or online acceptance of this Agreement has the same legal effect as an original handwritten signature.

Participant Acknowledgment and Signature

BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS IT, AND SIGNS IT VOLUNTARILY. PARTICIPANT UNDERSTANDS THAT THIS AGREEMENT RELEASES LEGAL CLAIMS AND LIMITS PARTICIPANT’S RIGHT TO SUE.

Parent/Guardian Agreement for Minor Participant

This section must be completed if Participant is under 18 years old.

I am the parent or legal guardian of the minor Participant named above. I have authority to sign this Agreement on the minor Participant’s behalf.

I consent to the minor Participant’s participation in the Event. I have read this Agreement, understand it, and agree to its terms on behalf of myself and the minor Participant to the fullest extent permitted by law.

I understand that participation in the Event involves risks of injury, illness, death, property damage, and other loss. I voluntarily assume those risks on behalf of the minor Participant.

To the fullest extent permitted by law, I release and waive claims against the Releasees arising out of or related to the minor Participant’s participation in the Event, including claims arising from the ordinary negligence of the Releasees.

I further agree to indemnify, defend, and hold harmless the Releasees from and against any claims, demands, causes of action, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the minor Participant’s participation in the Event, including any claim brought by or on behalf of the minor Participant, to the fullest extent permitted by law.