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Visitor Risk Acknowledgement and Liability Release Waiver

Visitor Acknowledgement of Risks

 

In consideration of the services of Carl Donohue and Expeditions Alaska, LLC, their officers, agents, employees, contractors and all other persons or entities associated with those businesses (hereafter collectively referred to as Expeditions Alaska) I agree as follows:

Although Expeditions Alaska has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, Expeditions Alaska has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity and can be the cause of loss or damage to my equipment, or accidental injury, illness or in extreme cases, permanent trauma or death.

Expeditions Alaska does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me 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. Navigation: Any trip involves a risk of becoming disoriented, and even lost.
  2. Wildlife: Wildlife always can present a risk to ourselves and our equipment, etc. Alaska is home to numerous species of wild animals, many of which can cause us potential harm, even death.
  3. Hypothermia: Alaska, even in summer time, can present thermal challenges.
  4. Drowning: river crossings present very real risks to participants and equipment. Hypothermia, injury and death can result.
  5. Terrain: any kind of travel can cause accidents that carry potential injurious risk. Whether the trip involves hiking and backpacking, sea kayaking, rafting, snowshoeing, skiing, travel by motor vehicle or plane, accidents carry significant risk to our health and to equipment.
  6. Group Separation: Particularly in the Alaska backcountry, separation from the group is a risk
  7. Illness: dietary factors, as well as pathogens, carry risk to participants.
  8. Equipment: its always possible that equipment can be stolen, dropped or broken
  9. Burning: trips often involve cooking, fires, hot water, all of which present a risk of burns.
  10. Dehydration: even in cold temperatures, dehydration is present as a risk.

I am aware that this trip entails risks or injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in this activity may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of Expeditions Alaska has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards and dangers associated with this activity.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, and control, for bodily injury, death, and loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative, and for all members of my family, including minor children.


 

AGREEMENT AND RELEASE FROM LIABILITY

 

VOLUNTARY PARTICIPATION

I acknowledge that I have applied to participate on the trip designated on this application and that I have read the description of the trip as it appears on the current Expeditions Alaska website (hereinafter referred to as the "trip").

I am participating in this trip with knowledge of the hazards involved.


ASSUMPTION OF RISK

I am aware that backcountry travel such as that I am undertaking involves hazardous activities in remote areas of the world with a risk of illness, injury or death which may be caused by forces of nature, the negligence of Expeditions Alaska, LLC, its affiliated organizations and their employees, or other agencies known or unknown. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating in the trip.

In order to partake of the enjoyment and excitement of this adventure trip I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death due to the negligence (but not illness, injury or death intentionally caused by the reckless, willful, or fraudulent conduct) of Expeditions Alaska, LLC, its employees, officers, directors, agents, contractors or affiliated organizations.


RELEASE AND COVENANT NOT TO SUE

As consideration for being permitted by Expeditions Alaska to participate in its adventure travel activities and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree that neither I, nor any of my heirs, personal or legal representatives, or family members will bring suit or make a claim for illness, injury or death resulting from the negligence (but not for claims of illness, injury or death intentionally caused by the reckless, willful, or fraudulent conduct) of Expeditions Alaska, LLC, any of its employees, officers, directors, agents, contractors or affiliated organizations (or the supplier or any of the facilities or equipment I will use in these activities) as a result of my participation in this trip. I hereby release Expeditions Alaska, LLC, its employees, officers, directors, agents, contractors and all of its affiliated organizations from and against any and all liability arising out of, or in any way connected with, my participation in the trip, including any liability for negligence (but not for claims of liability for injury intentionally caused by reckless, willful or fraudulent conduct).

 

ARBITRATION

Any controversy or claim arising out of or relating to this Agreement of the performance thereunder, including without limitation any claim related to illness, injury or death, shall governed by ALASKA LAW and the COURTS OF THE STATE OF ALASKA SHALL HAVE EXCLUSIVE JURISDICTION. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraph.

 

KNOWING AND VOLUNTARY EXECUTION, ENTIRE AGREEMENT

I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Expeditions Alaska and/or its affiliated organizations and sign it of my own free will. This agreement contains the entire agreement between the parties as it pertains to release from liability and no oral statements made by Expeditions Alaska or its employees or agents not contained herein shall amend or modify this agreement.


 

Expeditions Alaska, LLC Terms and Cancellations Policy.

 

Reserving your place on a trip requires a 50% deposit. Deposits are non-refundable. 

 

All trips MUST be paid in full 45 days prior to the scheduled departure date. 


If the client cancels on a trip paid in full, 80% of the price can be deferred and applied to another trip that is scheduled to occur within the next 12 months, provided that all three of the following occurs: 


i) Expeditions Alaska, LLC is able to fill the cancelled spot, 

ii) Expeditions Alaska LLC is able to fill the the trip that the client cancelled on, and

iii) 30 days (or more) notice is given.


If a client cancels a trip and Expeditions Alaska is not able to completely fill that trip, regardless of the number of original participants in that trip, Expeditions Alaska will not defer or refund any portion of the cancelling client’s payment. 


Expeditions Alaska, LLC cannot guarantee that a spot will be available on a scheduled trip in the next 12 months. If no spot is available and you cannot use your deposit in those 12 months, the deposit is forfeited and non-refundable. 


If cancellation is within 30 days of the trip, only 50% of the fee can be carried over to a future trip.The remainder is forfeited and non-refundable. 


No refunds, credit, or other reimbursements are given for cancellations within 14 days of the trip departure. 


Expeditions Alaska, LLC reserves the right to cancel and/or modify the itinerary of a trip for any reason. If Expeditions Alaska cancels a trip you will be refunded your payment in full, minus a $250 administrative fees plus any unrecoverable deposits Expeditions Alaska, LLC made to organize the trip.  If Expeditions Alaska cancels changes the date of a trip and you can no longer attend, you will be refunded your payment, minus a $250 administrative fees plus any unrecoverable deposits Expeditions Alaska, LLC made to organize the trip. 


If weather or other factors delay or impede your trip, there will be no refund of fees. Expeditions Alaska, LLC is not responsible for any other costs incurred by the client as a result of the cancellation, delay, or modification of a trip.


Additional costs incurred through weather delays and itinerary changes are the responsibility of the client.


Additional costs incurred by the client, such as changes to flights or additional costs, etc, are the sole responsibility of the client.


 

I understand Expeditions Alaska reserves the right to take photographic or film records of any of its trips and hereby agree that Expeditions Alaska may use any such photographic or film records for promotional and/or commercial purposes, as well as approve such use by third parties with whom Expeditions Alaska may engage in joint marketing, without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by Expeditions Alaska.


ARBITRATION

Any controversy or claim arising out of or relating to this Agreement of the performance thereunder, including without limitation any claim related to illness, injury or death, shall governed by ALASKA LAW and the COURTS OF THE STATE OF ALASKA SHALL HAVE EXCLUSIVE JURISDICTION.

I HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS STATED ABOVE AND ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON ME PERSONALLY, ALL MEMBERS OF MY FAMILY AND ALL MINORS TRAVELLING WITH ME, MY AND THEIR HEIRS, SUCCESSORS, ASSIGNS, AND LEGAL REPRESENTATIVES.



First Participant's Name
First Name*
Last Name*
Phone*
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
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
TRIP INFORMATION
TRIP NAME *
mm/dd/yyyy Trip Starting Date *
mm/dd/yyyy Trip Finishing date *
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*
Last Name*
Relationship*
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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