Anchorage Ski Club, Inc. Warning, Assumption of Risk, Hold Harmless, Indemnification and Release of Liability Agreement
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I accept for use, as is, the snow tubing equipment provided by the Anchorage Ski Club and accept full responsibility for its care while in my possession. I agree to hold harmless, release, defend, and indemnify the Anchorage Ski Club and its owners, agents, and employees, as well as the equipment manufacturers and distributors, for all loss or damage I may cause to this equipment, except reasonable wear and tear.
I agree to hold harmless, release, defend, and indemnify the Anchorage Ski Club and its owners, agents, and employees, as well as the equipment manufacturers and distributors, for any and all loss or damage I may sustain or cause to person or property while engaged in snow tube-related activities. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may arise out of the use of the Anchorage Ski Club’s tubing facility, or any equipment, regardless of whether that loss or damage is to myself or others.
I hereby release the Anchorage Ski Club and its owners, agents, and employees, as well as the equipment manufacturers and distributors, from any and all liability to me or my property resulting from their own acts or negligence. I understand that the Anchorage Ski Club and its owners, agents, and employees, as well as the equipment manufacturers and distributors, are not responsible for the consequences of their own negligence, that is, their failure to use reasonable care in any way in operation of tubing hill and equipment, as well as the installation, maintenance, selection, adjustment, and use of the tubing equipment and facility. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damages, personal injury, or death as the user of this snow tubing equipment and facility.
I understand and am aware that snow tubing is a HAZARDOUS ACTIVITY. I understand that snow tubing involves risks of injury to any and all parts of my body. I hereby freely and expressly assume and accept responsibility for any and all risks of injury or death while participating in this activity.
I understand and am aware that the snow tube furnished could be HAZARDOUS to my well-being while snow tubing.
I CONTRACTUALLY AGREE that any and all DISPUTES between myself and the Anchorage Ski Club arising from my snow tubing OR use of snow tubing equipment, INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF ALASKA and EXCLUSIVE JURISDICTION relating to this Agreement will be in state court in the third judicial district in Anchorage, Alaska.
IN THE EVENT ANY SECTION OF THIS RELEASE IS FOUND TO BE UNENFORCEABLE, THE REMAINING TERMS SHALL BE FULLY ENFORCEABLE.
THIS RELEASE SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW.
This release shall be binding upon my assignees, subrogors, distrbutees, heirs, next-of-kin, executors, personal representatives, and administrators and may be pled by the Anchorage Ski Club as a complete bar and defense against any claim, demand, action, or causes of action by or on my behalf. I have read the above paragraphs and fully understand them. I have made no representations to the Anchorage Ski Club regarding my name, address or age.
I agree that there have been no warranties, expressed or implied, which have been made to me beyond the information written on this form. I, the undersigned, acknowledge that I have read this Anchorage Ski Club Warning, Assumption of Risk, Hold Harmless, Indemnification and Release of Liability Agreement and I understand its contents. I understand that my signature below expressly waives any rights I may have to sue the Anchorage Ski Club for injuries and damages.