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Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

 

WARNING: There are significant elements of risk in any activities associated with the outdoors and/or wilderness and or vessels and water, and the use of any related equipment.

In consideration of the services of VIAD d/b/a Kenai Fjords Tours their officers, agents, employees, and stockholders, and all other persons or entities or vessels associated with those businesses (hereinafter collectively referred to as “KFT”), I agree as follows:

Although KFT has taken reasonable steps to provide you with appropriate equipment and/or skilled personnel for this tour, we wish to remind you this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of accidental injury, illness or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks:

1. Sudden or gradually changing water/ocean tide/weather conditions;

2. Collision, with other watercraft, docks or piers, or other man-made or natural objects, including overhanging, submerged and/or semi submerged trees, marine animals, branches, rocks, boulders and ice;

3. Cold weather and heat related injuries and illnesses including frostbite, hypothermia, heat exhaustion, sunstroke, and dehydration;

4. Inclement weather, lightning, variances and extremes of wind, weather and temperature;

5. Tripping/falling/loss of balance while walking/standing on a moving vessel or on a ramp to the dock or shore;

6. Loss of control of the vessel, collision, capsizing, and sinking of the craft, whether due to natural forces and/or the action, inaction or negligence of the employees or agents operating the vessel;

7. Getting in or out of the vessel;

8.  Your ability to listen to, understand and follow crew instructions;

9. Travel, including hiking, portaging and travel to or from any tour-related activity:

10. The presence of marine life forms and risk of encounter with marine life forms, or other animals or insects;

11. The presence of active glaciers, including falling ice from glaciers, which could directly impact the vessel, tour participants aboard the vessel, or the water surrounding the vessel;

12. Accidents or illnesses occurring in remote places where there are no available medical facilities;

13. Your ability to swim or remain afloat in cold and potentially rough ocean water;

14. Errors, misjudgments, or omissions committed by the watercraft’s crew in operating the craft, providing instructions or warnings to participants, assessing potential or actual hazards or conditions, and/or responding to potential or actual hazards or conditions.

I am aware that this activity entails risks of injury, up to and including death, to myself. I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death. I agree to assume responsibility for the risks identified herein and those risks not specifically identified. My participation in this activity is purely voluntary. No one is forcing me to participate, and I elect to participate despite the risks foreseeable and unforeseeable.

I am (we are) physically and mentally capable of participating in this tour and all activities that are part of the tour.

I assume full responsibility for myself, including any minor children, for which I am responsible, for bodily injury, accidents, illnesses, death, loss of personal property, and expenses thereof because of those inherent risks and dangers, or any negligence of KFT.

I myself and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND WAIVER VIAD d/b/a Kenai Fjords Tours, its officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss, or damage to persons or property incident to my involvement or participation in these programs, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I, for myself and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities incident to my involvement or participation in these programs, EVEN IF ARISING FROM THEIR NEGLIGENCE to the fullest extent permitted by law.

I have read, understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be binding upon myself, my heirs, assigns, personal representative and estate, and for all members of my family including any minors accompanying me.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
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Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
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Tour Information
Tour Date *
Tour*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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