In consideration of the services of Denali Raft Adventures, Inc., their agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, participants, employees, subcontractors, independent contractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “D.R.A.”), I hereby agree to release and discharge D.R.A. on behalf of myself, my parents, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that rafting and generally outdoor recreation entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment (IE – life jackets, helmets or PFD’s) increases my risk of injury or of not surviving an accident or incident while rafting. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in D.R.A. activities.
I specifically acknowledge that D.R.A. activities also include a wide range of experiences that are part of the overall activity such as bus transportation, photo opportunities and being in unique places accessible only by water craft. I also expressly acknowledge that the normal recreational activities which are offered by D.R.A. and which are the subject of this release contract may involve ‘staging’ or deploying in and out of various areas that include the D.R.A. base of operations, travel on the roadways, etc. I expressly agree that a term of this release contract is my agreement and acknowledgement that I am waiving arguments as to when and where an activity begins or ends so that once I arrive at D.R.A. or board a D.R.A. transport vehicle to begin an activity this release contract will apply.
The inherent risks associated with the rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with oars/paddles, storage containers or other fixed equipment necessary to the operation or outfitting of the raft; there may be errors in food storage or preparations; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the raft may break down or be faulty; it is possible that loss of control of the raft could occur resulting in collision or capsizing or sinking and that if a raft turns over or flips I could be "washed" overboard; rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the raft and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the raft or any portion of it may collide with or encounter other rafts, man-made or natural objects including, i.e., submerged or semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, hypothermia, cold water immersion, fatigue - some or all of which may diminish my or the other participants ability to react or respond. I specifically understand that prolonged exposure to cold water can result in cardio pulmonary issues, hypothermia and in extreme cases death. I may encounter dangerous wildlife, insects, etc.; communication in the river terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while D.R.A. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that D.R.A. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other D.R.A. participants or employees, that I may be held legally and financially responsible for that transmittal. Again, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in D.R.A. events/activities.
I acknowledge that my time participating in D.R.A. events/activities may require me to use technical equipment or procedures that I might not be familiar with and that I or other participants may find difficult and may do incorrectly. This improper use or operation may include but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by D.R.A. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I acknowledge that food preparation is an integral part of some of these activities and that I and other participants may be eating in the outdoors and/or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform D.R.A. of any specific food related allergies. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. D.R.A. is not a “Common Carrier” but rather is in the primary business of providing recreational and rafting type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided Page 2 of 3 D.R.A. Release and Waiver CONTRACT by D.R.A. and may involve errors in judgment by D.R.A. staff operating the vans, buses, cars or other type transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death.
Furthermore, D.R.A. Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and/or I as the participant may fail to understand the safety directions due to language issues. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of D.R.A. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise D.R.A. of anything which I consider to be unsafe or to refuse to participate. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are often made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault or legal liability at a later point intime.
1. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will and that I agree to be bound by its terms. I also agree that all of the verbal warnings and safety information or briefings given to me by D.R.A. shall be considered proof that I voluntarily assumed the risks of the activities in which I am participating, regardless of the availability of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement.
2. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless D.R.A. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of D.R.A.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of D.R.A. Very plainly – I am agreeing that ANY AND ALL CAUSES OF ACTION AGAINST D.R.A. are RELEASED AND WAIVED regardless of whether they are mentioned with more specificity in other parts of this contract and regardless of how they are described in a complaint against D.R.A. The words ‘any’ and ‘all’ shall be construed according to their plain meaning. I specifically acknowledge that unknown and unanticipated events occur while recreating and that this contract means I have contractually abandoned, relinquished, renounced, surrendered, repudiated and exculpated any and all claims I might have against DRA.
3. Indemnity Should D.R.A. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs. Plainly – if I violate this agreement and I sue or claim against D.R.A., I agree that I will reimburse D.R.A. for their costs in defending against my claims.
4. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by D.R.A. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
5. Medical Issues I further agree that, in the event that D.R.A deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving D.R.A permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document I am waiving any right to object to or bring any type of action or claim against D.R.A for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health related person who becomes involved in my care or removal from D.R.A. activities or the field.
6. Photographic Assignment I understand that D.R.A reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that D.R.A may use such records for promotional and/or commercial purposes 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 D.R.A. I agree and acknowledge that D.R.A cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
7. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with D.R.A. I specifically acknowledge that unknown and unanticipated events occur while recreating and that this contract means I have contractually abandoned, relinquished, renounced, surrendered, repudiated and exculpated any type of claim I might have against D.R.A.
8. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against D.R.A, I agree to do so solely in the Third Judicial District of the State of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this Page 3 of 3 D.R.A. Release and Waiver CONTRACT agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. Whether or not a court of law refuses to uphold this release, I agree that it can be used as evidence against me in any legal proceeding that might occur. I understand that this document constitutes the entire Agreement/Contract between myself and D.R.A. and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, this contract shall be upheld and shall stand as my expression that I have waived my right to maintain a lawsuit against D.R.A. on the basis of any and all claims that I might allege.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (ALL 3 PAGES). I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: September 20, 2020