Demo Waiver

Release of Liability, Assumption of Risk, and Equipment Responsibility Agreement

Please read carefully. By agreeing, you give up certain legal rights, including the right to sue.

This agreement is between the participant (“I,” “me”) and Downwind Supply Co., its owner Tyler Bradt, and its employees, agents, and volunteers (together, “Downwind Supply”). It covers my participation in a gear demo, including use of boards, foils, wings, parawings, leashes, and related equipment (the “Equipment”).

Demo details: $100 per day · Meet at 1:00 PM at the Hatch · Equipment due back by 5:00 PM · Equipment as assigned by Downwind Supply.

1. Assumption of risk

I understand that foiling, wing foiling, parawinging, and related watersports are hazardous. They can cause serious injury, permanent disability, or death. Risks include, but are not limited to:

  • Contact with the foil, mast, or wings, which have sharp edges and can cut or puncture
  • Falls, collisions with other riders, boats, barges, rocks, buoys, or submerged objects
  • Strong wind, gusts, swell, currents, cold water, and rapidly changing weather on the Columbia River
  • Drowning, hypothermia, exhaustion, and being carried downwind or downstream away from shore
  • Equipment failure, breakage, or loss
  • Commercial river traffic, including barges and tugboats
  • Delayed rescue or medical care

I knowingly and voluntarily accept all of these risks, known and unknown, including risks caused by the ordinary negligence of Downwind Supply.

2. My responsibilities

I confirm and agree that:

  1. I am at least 18 years old, or my parent or legal guardian is agreeing to this agreement for me.
  2. I am a competent swimmer and can swim in open, moving water while wearing a wetsuit.
  3. I am in good health and have no medical condition that makes this activity unsafe for me.
  4. I will wear a properly fitting personal flotation device (impact vest or PFD) and a helmet at all times on the water.
  5. I will ride within my ability and stay within the area agreed with Downwind Supply.
  6. I will follow all instructions from Downwind Supply, and all posted rules and river traffic laws.
  7. I will not use the Equipment under the influence of alcohol or drugs.
  8. I will come back to shore if conditions become unsafe or if Downwind Supply tells me to.
  9. I will check the Equipment before use and report any damage or defect right away.

Downwind Supply may cancel or end a demo at any time for safety or weather reasons.

3. Damaged or lost equipment

I am financially responsible for any Equipment that is damaged, lost, or stolen while in my care, from when I receive it until I return it to Downwind Supply.

  • Damage: I will pay the full cost of repair. If the item cannot be repaired, I will pay its full replacement cost.
  • Loss or theft: I will pay the full replacement cost of the item at current retail price.
  • Normal wear: I am not responsible for ordinary wear from proper use.
  • Payment: I will pay within 14 days of receiving a written invoice from Downwind Supply.
  • Return: I will return all Equipment to the Hatch or Downwind Supply warehouse by 5 PM the same day.

4. Release of liability

I waive and release Downwind Supply Co., its owners, and its employees, agents, and volunteers from all liability to me, my heirs, my estate, and anyone claiming on my behalf. This covers every claim, demand, or cause of action for injury, illness, death, or loss of or damage to property that arises in any way from my demo, my presence at the Hatch or any other location, or my use of the Equipment. It includes claims caused by the negligence of Downwind Supply. I promise not to sue Downwind Supply Co., its owners, or its employees for any such claim.

This release applies to the fullest extent permitted by Washington law. If a court finds any part of it unenforceable, such as for gross negligence or intentional misconduct, the rest of the release still applies.

5. Indemnity

I agree to defend, indemnify, and hold harmless Downwind Supply from any claims, costs, or legal fees brought by me or anyone else that arise from my participation or my use of the Equipment.

6. Medical care

I authorize Downwind Supply to call for or arrange emergency medical care for me if needed. I am responsible for all resulting costs.

7. General terms

  • This agreement is governed by the laws of the State of Washington.
  • If any part of it is found unenforceable, the rest stays in effect.
  • It binds me, my heirs, my estate, and anyone who might claim on my behalf.
  • It applies to this demo and to any future demos I book with Downwind Supply.

8. Electronic signature

I have read this entire agreement. I understand it and I am giving up substantial rights, including my right to sue. I agree to it voluntarily.

When I check the “I agree” box and type my full legal name while booking a demo, that is my electronic signature on this agreement, with the same effect as a handwritten signature. If the participant is under 18, the parent or legal guardian must book, check the box, and type their own full name. By doing so, they agree to every term above on the participant’s behalf and on their own, including responsibility for damaged or lost Equipment.