WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

In consideration of being allowed to participate in any West Michigan Offshore (WMO) events (including but not limited to Spring Fun Run, Rock the Coast Powerboat Weekend, East Jordan Play the River, the Fall Run, etc.), I, the undersigned, hereby agree as follows:

Release of Liability

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE West Michigan Offshore, its officers, agents, volunteers, and representatives (hereinafter referred to as "RELEASEES") from any and all liability, claims, demands, actions, or causes of action 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 WMO events, regardless of whether such liability arises from negligence, tort, contract, strict liability, or otherwise, to the fullest extent permitted by law.

Definition of Participation

For the purposes of this Waiver, “participation” shall include piloting a boat, being a passenger in a boat, or being present at any location where a WMO event is conducted.

Assumption of Risk

I understand and acknowledge that participation in WMO events involves inherent risks, including but not limited to, the risk of serious injury, property damage, and death. I hereby voluntarily assume full responsibility for any risks of loss, damage, or injury to myself or my property that may arise from my participation, whether caused by the negligence of the RELEASEES or otherwise, to the fullest extent permitted by law.

Indemnification and Hold Harmless

I further agree to INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs (including court costs and attorneys’ fees) that may result from my participation in WMO events, whether caused by negligence or otherwise, to the fullest extent permitted by law.

Binding Effect

This Waiver and Hold Harmless Agreement shall be binding upon me, my family members, spouse (if applicable), heirs, assigns, and personal representatives. It shall be construed in accordance with the laws of the State of Michigan, and any legal proceedings arising from this agreement shall be brought exclusively in the federal or state courts located in Michigan.

Severability

If any provision of this agreement is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.

Acknowledgment and Consent

By signing this agreement, I acknowledge and represent that:

1. I have read and fully understand this Waiver of Liability and Hold Harmless Agreement.

2. I sign this agreement voluntarily as my own free act and deed.

3. No oral representations, statements, or inducements apart from this written agreement have been made.

4. I am at least 18 years of age and fully competent to sign this agreement.

5. I accept the terms for full and adequate consideration, intending to be legally bound by them.

Final Confirmation

By completing and submitting this form, I confirm that I will be participating in the 2025 WMO event as a passenger or pilot. I understand and acknowledge that the Captain of each participating boat is fully responsible for the safety of their passengers and vesse