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Tolsona Wilderness Campground Waiver & Release Agreement. 

 

This is a release of liability and waiver of certain legal rights. In consideration for my being permitted to participate in the activities of Water Recreation, I agree to the following Waiver and Release. I acknowledge that Water Recreation has inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a creek environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION: 1. Water hazards in boating, tubing and wading in the rivers including drowning. 2. Injuries from fishing equipment and other participants. 3. Encounters with wildlife, animals and insects. 4. Temperature extremes. 5. Inclement weather conditions and unavailability of immediate medical attention in case of injury.

I understand the risks, hazards, and dangers of water recreation and have had the opportunity to discuss them with TOLSONA WILDERNESS CAMPGROUND, LLC. I understand that these activities may require good physical conditioning and a degree of skill and knowledge particularly that of swimming. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I am not under the influence of alcohol or drugs and will not participate in the activity while under the influence of alcohol or drugs. I understand that I have responsibilities. My participation in this activity is purely voluntary. I am also aware the speed and depth of the Tolsona Creek will change from the point of embarkation. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF TOLSONA WILDERNESS CAMPGROUND, LLC. WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH. I will return the equipment in good condition, normal wear and tear excepted, and am responsible for damages.

Lastly, I for myself, my heirs, successors, and executors hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS TOLSONA WILDERNESS CAMPGROUND, LLC. their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of TOLSONA WILDERNESS CAMPGROUND, LLC., LLC or from some other cause. I, for myself, my heirs, my successors, and executors the participant will indemnify TWC against all claims brought by the participant or anyone else in a third party brings a claim for the participants injuries, and add that they have to indemnify TWC for costs and attorney's fees in addition. 

I, for myself, my heirs, my successors, and executors further agree not to sue TOLSONA WILDERNESS CAMPGROUND, LLC. as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of Camping and Water Recreation.If any part of this liability release and waiver is found unenforceable or unvalid under Alaska law, the remainder of the release and waiver shall remain in effect. This release and waiver is to be construed under Alaska law and any related claims or suits must be brought in the Fourth Judicial District in the State of Alaska. This release and waiver does not attempt to waive liability for reckless or intentional acts.

This written Waiver contains the entire agreement between the participant and TWC regarding the activity, and there are no other agreements, representations, or understandings, oral or written, between the parties. The participant acknowledges that they have not relied upon any oral statements or representations made by TWC or its representatives in deciding to sign this Waiver.

I understand that I am responsible for damages or losses. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. 

I was offered a personal flotation device approved by the U.S. Coast Guard that was in good condition and in working order. I UNDERSTAND THAT IF I REFUSE TO USE THE PROVIDED PERSONAL FLOATATION DEVICE, I DO SO AT MY OWN RISK. 


  

 

First Participant's Name
First Name*
Last Name*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
In consideration for the above minor being permitted by TOLSONA WILDERNESS CAMPGROUND, LLC. to participate in the activities of camping and water recreation which include, without limitation, the use of its services, and equipment, I agree to the following waiver, release, and indemnification: The undersigned parent, guardian, or custodian of the above minor, for himself/herself and on behalf of said minor, herby joins in the forgoing Waiver and Release and hereby stipulates and agrees to save and hold harmless, indemnify, and forever defend TOLSONA WILDERNESS CAMPGROUND, LLC. their directors, officers, agents, employees, and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorney’s fees) and NEGLIGENCE made or brought by said minor or by anyone on behalf of said minor, as a result of animals, if any, and facilities of Camping and Water Recreation. I, for myself and on behalf of said minor, further agree not to sue TOLSONA WILDERNESS CAMPGROUND, LLC. as a result of any injury, paralysis or death that said minor suffers in connection with his/her participation in the activities of Camping and Water Recreation.


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*
Last Name*
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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