PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT AND CONSENT TO MEDICAL CARE (“WAIVER”)

In consideration of the services of Points North Heli-Adventures, Inc., their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (collectively "PNH"), I hereby agree to release, indemnify, and discharge PNH, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows in this Waiver:

1.      REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISKS. I acknowledge that my participation in bike rides, glacier tours, adventures on Cordova trail system, sea kayaking, ski/spiltboard touring, E-foiling, speed riding, ice climbing, skiing, snowboarding, and any heli-assisted activities in the back country activity entails known and unanticipated risks that could result in physical injury, emotional injury, paralysis, death, or damage to myself, to property, or to third parties’ body or property. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this voluntary yet inherently risky activity.

The risks include, BUT ARE NOT LIMITED TO: slips and falls; accidental drowning; falls from the bicycles; collisions with vehicles; hidden and nonhidden obstacles by snow including crevasses; ice and snow cornices; cliffs, tree wells; tree stumps; creeks rocks and boulders; loss or damage to equipment; being lost or separated from guides or companions; rugged terrain; bad weather; overnight exposure; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia, heat exhaustion, sunburn, dehydration, frostbite, acute mountain sickness, cerebral and pulmonary edema; potentially dangerous wild animals, insect bites, and hazardous plant life; transmissible pathogen or disease; acts or omissions by participants or other persons who may be present; collision with other people, equipment, manmade or natural obstacles; major injuries are at risk including leg, arm, shoulder, head, neck, and back injuries; my own physical condition; physical exertion; natural forces including steepness of slopes, snow depth, instability of snowpack or varying and difficult weather and snow conditions; avalanches or sluff from excess amounts of snow coming down the mountain; improper use, fit or failure of safety and recreational gear and equipment supplied or not supplied by PNH; use of a helicopter which has dangerous spinning rotors including embarking/disembarking the helicopter. Communication in this mountain terrain is always difficult and in the event of an accident, then rescue and medical treatment may not be immediately available which may worsen the conditions or outcomes. Helicopter and other transportation, including mechanical failure and operational error have increased risks in mountainous areas, especially in winter weather conditions.

Furthermore, PNH personnel have difficult jobs to perform. PNH seeks safety, but they are not infallible. PNH makes no representations or insinuations of standards of safety or maintenance. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I expressly agree and promise to accept and assume all risks.

2.      RELEASE OF LIABILITY. I hereby release PNH from all liability for acts of negligence or omissions of acts of negligence that are unrelated to the inherent risks of my participation in activities with PNH. I acknowledge the release of liability is not counter to public policy because I want to voluntarily participate in this this potential high-risk activity. I understand that negligence includes failures on the part of PNH to take reasonable steps to safeguard or protect me or warn me of risk, dangers, or hazards.

3.      VOLUNTARY. My participation in this activity is purely voluntary, and I elect to participate despite the risks. PNH does not provide any essential service. I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in water activities; and a properly fitted and secured certified helmet while participating in bicycle as well as all snow sport and ice activities.

4.      WAIVER AND INDEMNITY AGAINST CLAIMS. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PNH 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 PNH's equipment, rentals or facilities, including any such claims which allege negligent acts or omissions of PNH. Should PNH or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating and I agree to bear the costs of such injury or damage myself. I waive any claim that I may have had or may in the future have against PNH due to any cause of action including negligence, breach of contract, or breach of a statutory duty that can be waived. I AM ULTIMATELY RESPONSIBLE for my own safety during my participation at PNH.

5.      WAIVER OF JURY TRAIL/APPLICABLE LAW/JURISDICTION. In the event of any litigation related to my participation with PNH, I expressly waive any right to a jury trial and agree to do so solely in the State of Alaska which only Alaska substantive law to apply without regard to any conflict of law rules of Alaska. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

6.      CONSENT TO MEDICAL CARE. In the event of an emergency or non-emergency situation requiring medical treatment, I grant permission for any medical care to be administered to me by any persons, whether licensed or not, including administration of first aid, use of emergency transportation by PNH or third parties, and administration of anesthesia and/or surgery recommended by medical personnel.  I further agree to hold harmless PNH and other administering parties for any such care given.

By signing this Waiver, I agree that this Waiver is valid for past and future participation at PNH. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.