In consideration of the services provided by ALPHA AVIATION LLC, operating as “Anchorage Helicopter Tours, a division of Alpha Aviation LLC” and “Alaska Helicopter Tours, a division of Alpha Aviation LLC,” its directors, agents, owners, officers, and all persons or entities acting in any capacity on its behalf (collectively, “ALPHA AVIATION”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:
DEFINITIONS – In this Agreement:
a) the term “skiing” shall include “snowboarding” and “telemark skiing;”
b) the term “boats” shall include, but is not limited to, kayaks, inflatable kayaks, dinghies, zodiac-style inflatable boats, and hovercrafts; and
c) the term “dangerous alpine activities” shall apply to, without limitation, “skydiving,” “wilderness skiing,” “snowcat skiing,” “hiking,” “ice-climbing,” “dog-sledding,” “glacier walking and trekking,” “snow machine riding,” “boating,” and “kayaking,” and shall include all activities and services either provided by or arranged by ALPHA AVIATION, or related to helicopter, snowcat skiing, dog-sledding,snowmachineriding,glacierwalking and trekking, ice-climbing, boating, and kayaking, including, but not limited to, recreational activities in addition to skydiving, skiing, hiking, climbing, sledding, dog sledding, kayaking, loading, unloading, and travel in or movement around helicopters, snowcats, sleds, dogsleds, snow machines, boats, and all other activities in the alpine and mountain areas at any elevation level.
1. ASSUMPTION OF RISK. I specifically acknowledge that there are risks, dangers, and hazards associated with dangerous alpine activities that could result in physical or emotional injury, or death to myself or third parties, or damage to property. I am aware that avalanches occur frequently in the mountainous terrain used for dangerous alpine activities and may be caused by natural forces, skydivers, skiers, hikers, climbers, kayakers and/or dog sleds. I understand that by using retention straps or skis, snowboards, or telemark boot or binding systems that are not designed or intended to release, I increase my risk of not surviving an avalanche. I acknowledge and accept that ALPHA AVIATION may fail to predict whether the terrain is safe for skydiving, skiing, hiking, climbing, sledding, or kayaking, or whether an avalanche may occur.
The terrain used for dangerous alpine activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers, and hazards in addition to that of avalanche, including but not limited to: variable and difficult snow conditions, ice, glacier crevasses, cornices, falling or rolling ice bergs or rocks, trees, tree stumps, creeks, rocks, boulders, cliffs, wildlife, sudden waves, slippery surfaces, cold water submersion, creeks, hypothermia, failure to ski, skydive, hike, kayak, snow machine, boat, or climb safely or within one’s ability, negligence of other skydivers, skiers, hiker, climbers, dogsledders, snow machines, boaters, or kayakers, and NEGLIGENCE ON THE PART OF ALPHA AVIATION, INCLUDING THE FAILURE OF ALPHA AVIATION TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF DANGEROUS ALPINE ACTIVITIES.
Participants may become lost or separated from their party or guide. Communication in mountainous terrain is difficult and may be impossible at certain times and locations, and, in the event of an accident, rescue and medical treatment may not be available. Weather conditions may be extreme and can change rapidly and without warning, making travel by helicopter, snowcat, sled, kayak, or boat extremely hazardous or even impossible.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH DANGEROUS ALPINE ACTIVTIES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM. I ELECT TO PARTICIPATE IN SPITE OF THE RISKS.
2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS. I HEREBY WAIVE ANY AND ALL CLAIMS THAT I MAY HAVE AGAINST ALPHA AVIATION on behalf of myself, my heirs, assigns, personal representatives, and estate AND RELEASE APLHA AVIATION FROM ANY AND ALL LIABILITY for any loss, damage, expense, or injury including death that I may suffer as a result of my participation in dangerous alpine activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, breach of contract, breach of any statutory or other duty of care, and including the failure on the part of ALPHA AVIATION to safeguard or protect me from the risks, dangers, and hazards of dangerous alpineactivities.
3. INDEMNITY. I, on my own behalf and on behalf of my heirs, assigns, personal representatives, and estate, agree to hold harmless and indemnify ALPHA AVIATION from any and all liability for any property damage or personal injury to any third party resulting from my participation in dangerous alpine activities. If ALPHA AVIATION incurs actual, reasonable attorney’s fees & costs in enforcing this Agreement or defending against lawsuits or claims, I agree to indemnify ALPHA AVIATION and hold it harmless for all such fees & costs.
4. FITNESS. I certify that I possess sufficient skill, fitness, and knowledge to participate in dangerous alpine activities, and that I do not have any mental or physical condition which could interfere with my safety or ability to participate in such activities. I understand that certain dangerous alpine activities may be considered “high risk” activities, and that such designation may affect my insurance coverage for any damage or injury I may cause or suffer while participating in dangerous alpine activities.
5. FORUM. This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Alaska. Any litigation involving the parties to this Agreement shall be brought solely within the Third Judicial District of the State of Alaska, in state or federal court.
By entering this Agreement, I am not relying on any oral or written representations or statements made by ALPHA AVIATION with respect to the safety of dangerous alpine activities as set forth in this Agreement. I am aware that by signing this Agreement I am waiving certain legal rights, which I, or my heirs, assigns, personal representatives, and estate may have against ALPHA AVIATION.
BY SIGNING THIS DOCUMENT, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AGREE TO BE BOUND BY ITS TERMS. I ACKNOWLEDGE THAT I AM ULTIMATELY RESPONSIBLE FOR MY OWN SAFETY DURING MY PARTICIPATION IN DANGEROUS ALPINE ACTIVITIES.
Date: September 21, 2019