Today's Date: December 8, 2022
Warning: There are significant elements of risk in any adventure activity associated with the outdoors or wilderness. Please read this document carefully. It Contains Important Information and Must Be Signed Prior to Participation.
In consideration of the services of Exposure Alaska LTD (doing business as MICA Guides (“MICA”)) and/or Glacier View Adventures, Inc. ("GVA") (which are separate and independent companies), their employees, affiliates, officers, directors, successors, agents, and assigns, and all other persons or entities associated with it, I agree and acknowledge as follows:
The activities of the Exposure and/or GVA trip which I am to participate in entails known and unknown risks, inherent and otherwise, that could result in property damage, physical or emotional injury, or death. It is important to know in advance what to expect and to be informed of the potential dangers. Certain risks are inherent and cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can cause loss or damage to equipment, injury, illness, or death.
The following describe some, but not all, of the risks of the activities which I may participate in: falling; cold weather and heat related injuries and illnesses including frostnip, frostbite, heat exhaustion, heat stroke, hypothermia and dehydration; an "act of nature" which may include avalanche, rock fall, ice fall, glacier movement, falling off fabricated structures, surfaces, cables or ropes; hanging from a cable; being impacted by other participants; inclement weather, thunder and lightening, severe and/or varied wind, temperature or weather conditions; river crossings, fjordings, portaging, or travel including travel to and from the activity by boat; river hazards; collision with other watercraft or objects; collision, capsizing, sinking or other hazard which results in wetness, injury, or exposure; swamping or flipping of a boat; risks associated with embarking or disembarking from the boat; risks associated with crossing, climbing or down climbing of rock, snow and/or ice; equipment failure and/or operator error; discharge of weapons; hidden hazards such as snowbridges, moulins, thin ice or black ice; contact with plants or animals; condition of roads, trails, parking lots or terrain which may be slick due to ice and loose dirt and rocks; instructor/guide misjudgment; my sense of balance, physical coordination, and ability to follow instructions; delayed or no means of communication; attack by animals; prolonged delay in ability to obtain medical assistance (evacuation to medical facilities could take 24 hours or longer); and losses due to civil unrest and terrorism.
I understand the description of the above risks is not complete and that other unknown or unanticipated risks may result in property loss or damage, personal or emotional injury, illness or death. I agree to abide by all written and unwritten rules of Exposure and/or GVA which may from time to time be made or implemented by Exposure and/or GVA and their respective staff.
I warrant that I am in good physical and mental health, and that I have informed Exposure and/or GVA of any physical or mental condition which may pose a danger to myself or others. I understand that Exposure and/or GVA reserves the right to deny any person participation before or during a trip if it determines that person to be mentally or physically unprepared. Exposure and/or GVA reserves the right to deny any person services, transportation or access and may require a person to leave at his/her expense if it determines that s/he is unfit to continue or is a danger to himself/herself or others. I hereby consent to and permit emergency treatment in the event of injury or illness. I either have appropriate insurance, or in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
I agree to defend, release, hold harmless, and indemnify Exposure Alaska and Glacier View Adventures from any claim, liability, loss, damages or expenses resulting from a claim brought by a fellow participant, rescuer, or any other person for loss or damage caused by my conduct.
I agree that this release shall be legally binding upon me personally, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention to assume all the risks associated with this trip and to release, hold harmless, and indemnify Exposure/MICA Guides and/or Glacier View Adventures, Inc. from any and all liabilities.
My participation in this activity is purely voluntary. I agree to assume responsibility for the risks identified herein and those risks not specifically identified, both inherent and otherwise. I assume full responsibility for myself and any minor children, for whom I am responsible, for bodily or emotional injury, accidents, illness, death, loss of personal property, and any related expenses. I HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND CONDITIONS OF THIS DOCUMENT. I AGREE TO ACCEPT AND ASSUME ALL OF THE RISKS OF THE ACTIVITIES WHICH I AM TO PARTICIPATE IN. I AGREE TO release, hold harmless, indemnify, AND DISCHARGE EXPOSURE/MICA GUIDES AND GLACIER VIEW ADVENTURES FROM ALL CLAIMS, LIABILITIES, AND LOSSES ASSERTED BY OR ON BEHALF OF ME ARISING FROM OR RELATED TO MY PARTICIPATION IN THE TRIP. I UNDERSTAND THAT BY SIGNING THIS RELEASE I AM GIVING UP ANY RIGHT TO FILE A LAWSUIT. THIS RELEASE INCLUDES CLAIMS FOR PROPERTY DAMAGE, AS WELL AS CLAIMS FOR PERSONAL/EMOTIONAL INJURY, ILLNESS, OR DEATH CLAIMED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF EXPOSURE/MICA GUIDES AND/OR GLACIER VIEW ADVENTURES.
I understand that Exposure Alaska/MICA Guides/GVA reserves the right to take photographic or video records of any of the provided activities and may use such records for promotional or commercial purposes without any renumeration to me.
If any part of this agreement is found by a court or other authority to be invalid, the remainder of the agreement will be given full force and effect.
Any dispute between Exposure/MICA Guides, GVA and me or my heirs, successors, assigns, beneficiaries, parents or guardians arising from or relating to this agreement, my trip, or any information and/or literature concerning the trip shall be resolved exclusively in the State of Alaska, Third Judicial District. Such dispute will be governed by substantive Alaska law. If I have a dispute which cannot be settled through discussions between the parties, I will attempt to settle the dispute first through mediation before a mutually acceptable mediator in the state of Alaska.