Today's Date: February 18, 2019
ACKNOWLEDGMENT OF RISKS & RELEASE OF LIABILITY
PLEASE READ, UNDERSTAND, & SIGN THESE POLICIES
BEFORE SUBMITTING YOUR APPLICATION TO ASCENDING PATH LLC
In consideration of the services of Ascending Path LLC, its officers, agents, employees and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as ("APLLC"), I agree as follows: Although APLLC has taken reasonable steps to provide me with appropriate equipment, skilled guides and instructors so I can enjoy an activity for which I may not be skilled, APLLC has informed me this activity is not without risk. Certain risks are inherent and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this 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. APLLC 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. Some, but not all of these dangers are: riding in: a train, kayak, helicopter and/or a vehicle to and/or from the activity trailhead, the hazards of traveling in mountainous terrain and on glaciers, such as crevasse, rock, ice or other falls, altitude sickness, cold water emersion, hypothermia, equipment failure, avalanche and icebergs rolling.
Additional dangers may include vehicle accidents due to driver, passengers, nature, malfunction, another vehicle accident and/or collision to my transport vehicle, illness in a remote setting without timely (hours and/or days) medical evacuation to medical facilities and the communications to provide such services as well as forces beyond the control of APLLC such as the forces of nature, man, war, terrorism, flood, famine, bear, moose, vermin, insects or other wild beasts and any other force of nature. I am aware that mountaineering, water sports, rock climbing, trekking/hiking, glacier travel, ice climbing, skiing, winter camping and wilderness experiences entail risks of injury or death to any participant. I agree that I am able to independently participate in all individual skills and activities expected while also maintaining an appropriate and safe body position.
I understand that this description of these risks is not complete and that other unanticipated inherent risks, negligence, or instructional error 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 knowledge of the inherent risks. I acknowledge that APLLC has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Trip.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant and if I do not fulfill these requirements at any time for such reasons that would jeopardize the safety or increase the inherent risks of the agreed upon activity, APLLC has the right to cancel the trip or not allow my participation based on their knowledge and experience of the activity and its nature. Some, but not all the participant refusals and trip cancellations are, but not limited to: guide's and instructor's judgment, incomplete and uncompleted participation agreement, lack of proper attire and preparedness, health and medical conditions, physical ability, dangerous conditions, weather, impairment from alcohol or substances and others not herein named. I also acknowledge that there is a chance the environment I will be in can effect the efficacy of any prescription drugs I am taking. I should consult my doctor prior to participation in this activity to determine whether this activity is suitable for my condition. I acknowledge that APLLC has been available to more fully explain to me the nature and physical demands of this activity and the risks, hazards, dangers and potential outcome associated with this activity. I certify that I am fully capable of participating in this activity and may be pushed to my fullest capacity. Therefore, I assume and accept full responsibility for myself and all minor children in my care, custody and control, for bodily injury, death or 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 anyone's negligence in participating in this activity. I agree that I meet APLLC's Essential Eligibility Criteria as described online.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby irrevocably and unconditionally release, indemnify, and hold harmless Ascending Path LLC, and its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the events (releasees) including Alaska Railroad Corporation, from any and all liabilities, claims, demands and losses arising out of or relating to any injury, disability or death I may suffer, or the loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, to the maximum extent permitted by law.
Any claim or controversy arising out of or relating to the agreement or the performance there under, including without limitation any claim relating to illness, injury or death, shall be settled by binding arbitration in Alaska in accordance with the rules of the American Arbitration Association then existing and the Laws of Alaska State, and the judgment on the arbitration award, including reasonable attorney fees, may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraph. 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 myself, my heirs, assigns, personal representatives and estate and for all members of my family, including minor children.