Legal
Assumption of Risk & Waiver
Last Updated: June 28, 2026
This Assumption of Risk and Release of Liability Agreement (the "Agreement") is entered into by and between you (the "User") and the Turnagain Arm Bore Tide Safety Initiative, its organizers, contributors, authors, developers, and partners (collectively, the "Initiative").
1. Acknowledgment of Extreme Risks
The User explicitly acknowledges that bore tide surfing, paddleboarding, spectating near shores, walking near mudflats, and general marine recreation on Turnagain Arm are activities carrying extreme hazard. Risks include, but are not limited to:
- Hypothermia, cold shock, and sudden physical incapacitation due to near-freezing waters.
- Entrapment in glacial silt mudflats, resulting in drowning as the tide rises.
- Impact injuries or death from logs, ice blocks, or floating debris carried on the bore wave.
- Drowning caused by strong tidal currents (often exceeding 5–8 knots) following the wave.
- Lack of immediate search and rescue or medical response due to remote launch locations and extreme terrain.
2. Voluntary Assumption of Risk
The User agrees that their access to the water, use of equipment, selection of launch sites, and decision to engage in any activity on the Turnagain Arm are entirely voluntary. The User assumes full responsibility for all risks of personal injury, permanent disability, property loss, or death.
3. Release and Covenant Not to Sue
To the maximum extent permitted by law, the User hereby releases, waives, discharges, and covenants not to sue the Initiative, its founders, volunteers, sponsors, web developers, or associated organizations from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by the User, whether caused by the negligence of the releasees or otherwise.
4. Indemnification
The User agrees to indemnify, defend, and hold harmless the Initiative from and against any claims, liabilities, damages, or costs (including legal fees) arising out of their use of this website, information, or their actions on Turnagain Arm.
By checking the agreement box on the Safe Surfer Test page or continuing to use this website, you confirm that you have read this waiver, fully understand its terms, and freely agree to its provisions.