This Liability Release Agreement (“Agreement”) is made and entered into by and between the individual(s) and family members sheltering at any Family Promise of Puget Sound location (“Guest”), and Family Promise of Puget Sound, a 501(c)(3) non-profit organization (“Family Promise”).
Recitals
WHEREAS, Guest is seeking temporary overnight shelter at a facility operated by Family Promise, including but not limited to the Emergency Inclement Weather Centers (“Center”); and
WHEREAS, the Center may be provided through the generous cooperation of various community partners, including but not limited to the Parkland Community Association and Pacific Lutheran University (“Cooperating Organizations”); and
WHEREAS, Guest acknowledges that participation in the Center and utilization of its services involves inherent risks and dangers;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Assumption of Risk
Guest hereby acknowledges and voluntarily assumes all risks associated with utilizing the Center and participating in Family Promise programs, including but not limited to:
* Personal Injury: Risks of injury, including but not limited to, slips, trips, falls, exposure to the elements, contact with other individuals, and any health-related incidents.
* Property Loss: Risks of loss, theft, or damage to Guest’s personal belongings, including but not limited to, clothing, electronics, valuables, and any other personal property.
* Pet Injury/Loss: Risks of injury, illness, or loss of Guest’s pets, if brought to the Center and kept in designated outdoor kennel spaces as per Family Promise policy.
* Other Risks: Risks of any other harm, injury, or adverse outcome that may occur while at the Center or participating in Family Promise activities.
2. Release of Liability
Guest hereby releases, waives, discharges, and covenants not to sue Family Promise, the Cooperating Organizations, their respective officers, directors, employees, volunteers, agents, and representatives (collectively, “Released Parties”) from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, expenses, and attorneys’ fees, whether known or unknown, foreseen or unforeseen, arising out of or relating to Guest’s use of the Center or participation in Family Promise programs, including but not limited to those arising from:
* Negligence: Any negligence or alleged negligence on the part of the Released Parties.
* Breach of Contract: Any breach of contract or alleged breach of contract by the Released Parties.
* Other Causes: Any other cause whatsoever, to the fullest extent permitted by law.
3. Indemnification
Guest agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, actions, causes of action, damages, losses, costs, expenses, and attorneys’ fees arising out of or relating to Guest’s use of the Center, participation in Family Promise programs, or any breach of this Agreement by Guest.
4. Insurance
Guest acknowledges that the Released Parties may not carry insurance coverage sufficient to cover all potential claims or losses that Guest may incur. Guest is encouraged to carry their own personal insurance.
5. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
7. Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck from this Agreement, and the remaining provisions shall remain in full force and effect.
8. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and permitted assigns.