RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND INDEMNITY AGREEMENT

    PARENT OR LEGAL GUARDIAN OF MINOR PARTICIPANT (UNDER 18 YEARS OF AGE)

    PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING, YOU GIVE UP IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO RECOVER DAMAGES FOR INJURY OR DEATH.

    1. PARTIES; CONSIDERATION; RELEASED PARTIES In consideration of the minor child or children named below (each a "Minor") being invited to attend the Events described below, being permitted to enter the Premises, and being permitted to use vessels, watercraft, and other equipment owned or maintained by the Kimballs or the other Released Parties, the receipt and sufficiency of which consideration is acknowledged, the undersigned parent or legal guardian ("Parent"), who represents that Parent has full legal authority to sign for each Minor, agrees to this Agreement, on Parent's own behalf and on behalf of each Minor to the fullest extent permitted by law, for the benefit of James Kimball and Carolyn Kimball, individually and as a marital community; Realty Pro; Kimball Custom Homes; and each and every other business, corporation, limited liability company, partnership, joint venture, or other entity in which James Kimball or Carolyn Kimball is an owner, member, shareholder, partner, corporate officer, director, manager, employee, or agent, whether now existing or hereafter formed; together with each of their respective spouses, family members, heirs, successors, assigns, employees, agents, contractors, volunteers, invitees, insurers, and representatives (collectively, the "Released Parties"). 2. ACTIVITIES AND PREMISES The Released Parties from time to time host social, family, and business gatherings and recreational outings (the "Events") at private real property owned or controlled by any Released Party (the "Premises") and at lakes, rivers, state and local parks, waterways, and other public lands and waters. The Events may include, without limitation (the "Activities"): boating and riding aboard motorized and non-motorized watercraft; wake surfing; water skiing; jet skiing and personal watercraft; electric hydrofoiling (e-foiling); swimming; diving; inner-tubing and towed water sports; paddle boarding; fishing; use of docks, ramps, lifts, moorage, trailers, and launch equipment; hiking; camping; use of swimming pools, hot tubs, sport courts, and recreational structures; off-road and utility vehicles; firepits and barbecues; and the use, handling, loading, and transport of boating, water sport, and other sporting or recreational equipment of every kind. 3. ACKNOWLEDGMENT OF RISKS; REVIEW WITH MINOR PARENT UNDERSTANDS THAT THE ACTIVITIES ARE HAZARDOUS AND HIGHLY DANGEROUS AND INVOLVE KNOWN AND UNKNOWN RISKS THAT CANNOT BE ELIMINATED EVEN WITH REASONABLE CARE, WHICH CAN CAUSE INJURY TO THE MINOR RANGING FROM MINOR CUTS, SCRAPES, AND BRUISING UP TO AND INCLUDING CATASTROPHIC INJURY, PERMANENT DISABILITY, PARALYSIS, DROWNING, AND DEATH, AND PROPERTY DAMAGE OR LOSS. The risks include, without limitation: (a) water hazards: drowning; cold water shock and hypothermia; currents, tides, wakes, and waves; submerged or floating objects such as rocks, logs, stumps, pilings, sandbars, and debris; variable and unknown water depth; poor visibility; waterborne bacteria and contaminants; (b) watercraft and equipment hazards: collision with boats, personal watercraft, docks, buoys, swimmers, or other objects; propeller strikes; contact with hydrofoil wings, masts, fins, skis, boards, ropes, tow lines, and handles; carbon monoxide near engines and swim platforms; fuel, fire, and lithium battery hazards; mechanical failure, malfunction, or misuse of any equipment, whether or not properly maintained; (c) high-speed and towed sport hazards: falls at speed; whiplash and impact injuries; entanglement in tow ropes; ejection from tubes, boards, or skis; contact with the towing vessel or other participants; (d) premises hazards: steep hills, slopes, banks, bluffs, and drop-offs; uneven, slippery, or unstable surfaces; stairs, decks, docks, ramps, and retaining walls; swimming pools, hot tubs, and pool decks; camping sites, campfires, firepits, and cooking equipment; trees and natural conditions; wildlife and insects; fences, gates, machinery, tools, and equipment; vehicles and traffic; wells, ponds, ditches, and other natural or artificial conditions, whether open and obvious or latent, hidden, or defective, that are common to larger rural and waterfront properties; (e) environmental hazards: sun exposure, heat exhaustion, and heat stroke; sudden changes in weather, wind, lightning, and storms; darkness; (f) human factors: the negligence, inexperience, inattention, recklessness, or intoxication of other participants, guests, operators, or third parties; the operator's or rider's own fatigue, inexperience, misjudgment, or failure to follow instructions; delayed access to emergency medical care in remote locations or on the water; and (g) medical risks: aggravation of pre-existing conditions; cardiac events; muscle, joint, spinal, and head injuries, including concussion; lacerations and broken bones; allergic reactions; and other illness or injury from strenuous physical activity. Parent represents that Parent has carefully read each of the foregoing risks, understands them, and has personally reviewed and explained them to each Minor in a manner appropriate to the Minor's age and maturity, and that each Minor understands and accepts them.
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    4. MINOR'S PHYSICAL CONDITION; MEDICAL CLEARANCE Parent acknowledges that many Activities require an advanced level of knowledge, skill, experience, balance, strength, swimming ability, and physical fitness to reduce the risk of injury. Parent represents that each Minor: (a) is in good health and proper physical condition to participate safely; (b) has no medical condition that would create an unreasonable risk to the Minor or others; and (c) has been, or has been advised to be, examined and cleared by a licensed physician for such physical activities, and Parent either has obtained such clearance or knowingly and voluntarily consents to the Minor's participation without it. Parent will honestly evaluate each Minor's skill, maturity, and swimming ability, will ensure the Minor uses all appropriate safety equipment, including a properly fitted personal flotation device for all water Activities, and will ensure the Minor follows all posted rules, verbal instructions, and applicable boating and safety laws.
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    5. ALCOHOL AND DRUG WARNING Alcoholic beverages may be present or served to adults at Events. Minors are strictly prohibited from consuming alcohol, marijuana, or any impairing substance. PARENT IS EXPRESSLY WARNED THAT THE USE OF ALCOHOL OR ANY IMPAIRING SUBSTANCE, BY ANY PARTICIPANT, OPERATOR, OR SUPERVISING ADULT, SIGNIFICANTLY INCREASES THE RISKS DESCRIBED IN THIS AGREEMENT, INCLUDING THE RISK OF DROWNING, SERIOUS INJURY, AND DEATH. Parent agrees that any adult supervising the Minor, including Parent, is strongly advised to abstain before and during any Activity, and Parent assumes all risks and consequences of any failure of supervision related to alcohol or substance use.
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    6. EXPRESS AND VOLUNTARY ASSUMPTION OF ALL RISKS PARENT, HAVING READ AND UNDERSTOOD THE RISKS ABOVE AND EXERCISING PARENT'S PARENTAL JUDGMENT, VOLUNTARILY CONSENTS TO THE MINOR'S PARTICIPATION AND FREELY, KNOWINGLY, AND VOLUNTARILY ASSUMES, ON PARENT'S OWN BEHALF AND TO THE FULLEST EXTENT PERMITTED BY LAW ON EACH MINOR'S BEHALF, FULL AND COMPLETE RESPONSIBILITY FOR ALL RISKS OF PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE OR LOSS ARISING FROM OR IN ANY WAY CONNECTED WITH THE ACTIVITIES, THE EVENTS, OR PRESENCE ON THE PREMISES OR ON ANY PUBLIC LANDS OR WATERS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND WHETHER OR NOT DESCRIBED IN THIS AGREEMENT. The Minor's participation is entirely voluntary.
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    7. PARENT'S RELEASE AND WAIVER OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY WASHINGTON LAW, PARENT, FOR PARENT AND PARENT'S SPOUSE, MARITAL COMMUNITY, HEIRS, ESTATE, PERSONAL REPRESENTATIVES, ASSIGNS, AND NEXT OF KIN, HEREBY RELEASES, WAIVES, AND FOREVER DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, IN LAW OR IN EQUITY, THAT PARENT MAY NOW OR HEREAFTER HAVE ARISING FROM OR RELATED TO ANY INJURY TO, ILLNESS OF, DISABILITY OF, OR THE DEATH OF ANY MINOR, OR ANY PROPERTY DAMAGE, SUSTAINED IN CONNECTION WITH THE ACTIVITIES, THE EVENTS, OR PRESENCE ON THE PREMISES OR ANY OTHER LOCATION WHERE AN EVENT OR ACTIVITY OCCURS, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY OR FROM THE CONDITION OF ANY PREMISES, VESSEL, OR EQUIPMENT. This release does not apply to conduct that Washington law does not permit to be released, such as gross negligence or intentional misconduct; as to all other conduct it is intended to be as broad and inclusive as Washington law allows.
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    8. WAIVER OF CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED WAIVES, AND THE RELEASED PARTIES SHALL IN NO EVENT BE LIABLE FOR, ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST WAGES, LOST PROFITS, LOSS OF USE, AND LOSS OF CONSORTIUM, ARISING FROM OR RELATED TO THE ACTIVITIES, THE EVENTS, OR THE PREMISES, REGARDLESS OF THE THEORY OF LIABILITY. Further, in consideration of the invitation to attend the Events and the use of vessels, watercraft, and equipment owned or maintained by the Kimballs or the other Released Parties, the undersigned agrees that IF AND TO THE EXTENT ANY RELEASE, WAIVER, OR OTHER PROVISION OF THIS AGREEMENT IS HELD INVALID OR UNENFORCEABLE, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO THE UNDERSIGNED, THE PARTICIPANT, AND ALL PERSONS CLAIMING BY OR THROUGH EITHER OF THEM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), if and to the extent such limitation is legal and enforceable under applicable law. The parties agree this limitation is reasonable in light of the gratuitous nature of the Events and the free use of the Premises and equipment. If this limitation is held unenforceable as to any claim, liability for that claim shall be limited to the maximum extent permitted by law, and this Section shall remain enforceable as to all other claims.
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    9. BOATER EDUCATION, LICENSING, AND OPERATOR CREDENTIALS Operation of motorized vessels, watercraft, and equipment, including but not limited to motorized boats, jet skis and other personal watercraft, electric hydrofoils (e-foils), motorized surfboards and jet boards, electric or motorized paddle boards, dinghies, tenders, off-road and utility vehicles, and any other motorized recreational vehicle or device of any kind, may require, depending on the jurisdiction, waterway, and area of use, a valid boater education card, boating safety education certificate, license, permit, endorsement, minimum age, or other education, training, or credential required by law, including in Washington the boater education card required by chapter 79A.60 RCW. BY SIGNING, THE UNDERSIGNED ASSERTS AND REPRESENTS THAT, PRIOR TO TAKING PART IN ANY SUCH ACTIVITY, THE OPERATOR HOLDS ALL LICENSES, CARDS, CERTIFICATES, EDUCATION, TRAINING, AND CREDENTIALS REQUIRED BY LAW TO OPERATE ANY SUCH MOTORIZED VESSEL, VEHICLE, E-FOIL, BOAT, JET SKI, OR OTHER EQUIPMENT, AND MEETS ALL MINIMUM AGE REQUIREMENTS. The undersigned acknowledges that such credential may be required by law to be carried on the operator's person at the time of use, and agrees to carry it. Any operation without a required credential, or any other violation of boating, licensing, or traffic laws, is not the fault or responsibility of the owner of the equipment, the Kimballs, or any other Released Party, and the Released Parties are not and shall not be responsible for any fine, penalty, citation, forfeiture, or criminal action or prosecution resulting from any such violation, all of which are the sole responsibility of the operator, and the undersigned shall indemnify and hold harmless the Released Parties from the same. Parent further represents that no Minor will operate any motorized vessel, watercraft, or equipment unless the Minor meets all minimum age requirements and holds all education, licensing, and credentials required by law for that operation, and Parent is solely responsible for verifying and enforcing those requirements as to each Minor.
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    10. COVENANT NOT TO SUE; INDEMNIFICATION Parent agrees not to sue, initiate, join, or maintain any claim or proceeding against any Released Party for any claim released or limited by this Agreement, and agrees this Agreement may be pleaded as a complete bar to any such proceeding. Parent shall defend, indemnify, and hold harmless the Released Parties from and against all claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorney fees, arising from: (a) any Minor's participation in any Activity or presence at any Event or on the Premises; (b) injury or damage caused in whole or in part by any Minor's acts or omissions; (c) any Minor's operation of any vessel, watercraft, vehicle, or equipment, including any violation of law; (d) Parent's breach of this Agreement; or (e) any claim brought by or on behalf of any Minor, or by Parent's spouse, family, heirs, or estate, inconsistent with this Agreement, and shall reimburse fees and costs incurred defending any claim brought in violation of this covenant. 11. SUPERVISION Parent agrees to supervise each Minor at all times during any Event or Activity, or to arrange competent adult supervision acceptable to Parent, and acknowledges that the Released Parties do not undertake, and shall have no duty of, supervision of any Minor. Parent will remove the Minor from any Activity that exceeds the Minor's skill, maturity, or physical ability. 12. ADDITIONAL TERMS Duration and Scope. This Agreement applies to every Event and Activity attended by any Minor at any time, whether before or after the date of signature, and remains in effect until revoked in a signed writing delivered to the Kimballs; no revocation applies retroactively. Insurance; Medical Authorization. The Released Parties do not provide medical, health, disability, or life insurance for participants; the undersigned is encouraged to carry insurance and authorizes emergency medical treatment at the undersigned's expense. Governing Law; Venue. This Agreement is governed by Washington law; exclusive venue lies in the Superior or District Courts of Clark County, Washington. Severability. Any unenforceable provision shall be enforced to the maximum extent permitted, and all remaining provisions remain in full force. Entire Agreement. This is the entire agreement on its subject and supersedes all prior statements; no oral representations or inducements have been made. Voluntary Execution. The signer has read this Agreement in its entirety, understands that substantial legal rights are being given up, has had the opportunity to ask questions and consult independent counsel, and signs freely and voluntarily.
    13. CONSENT TO ELECTRONIC SIGNATURE AND AUTHENTICATION The signer expressly consents to execute this Agreement electronically. Under the Washington Uniform Electronic Transactions Act, chapter 1.80 RCW, and the federal E-SIGN Act, 15 U.S.C. section 7001 et seq., an electronic signature has the same legal force as a handwritten signature. BY TYPING HIS OR HER NAME IN THE SIGNATURE FIELD BELOW, THE SIGNER INTENDS THAT TYPED NAME TO BE HIS OR HER LEGAL, BINDING ELECTRONIC SIGNATURE TO THIS AGREEMENT. To authenticate identity, the signer shall provide a driver's license or other government-issued identification number, date of birth, and contact information below, represents that all information is true and accurate, and agrees not to contest the validity of this Agreement on the ground that it was signed electronically or by typed name.

    By signing below, the Parent agrees to all terms of this Agreement on the Parent's own behalf and on behalf of each Minor named below to the fullest extent permitted by law.

    PARENT OR LEGAL GUARDIAN OF MINOR PARTICIPANT(S)
    Printed Full Legal Name
    Phone Number
    Typed Signature (type full name)
    Email Address
    Date Signed
    Minor Name and Age (1)
    Date of Birth
    Minor Name and Age (2)
    Driver's Lic. / Gov't ID No. & State
    Minor Name and Age (3)
    Draw Signature