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 (hereinafter collectively referred to as "PNHA"), I hereby agree to release, indemnify, and discharge PNHA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in guided cruiser bike rides, guided glacier tours, guided on Cordova trail system, guided sea kayaking, guided E-foils, speed riding, guided ice climbing, guided ski trips and snowboarding – heli skiing in back country and fishing off road without boats activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; accidental drowning; falls from the bicycles; collisions with other bicycles or vehicles; being impaled by a fish hook; hidden obstacles by snow including crevasses, ice and snow cornices, tree wells, tree stumps, creeks rocks and boulders below the snow surface; loss or damage to equipment being used; being lost or separated from their guides or companions by traveling in forested areas, rugged terrain, or bad weather; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration, frostbite, acute mountain sickness, cerebral and pulmonary edema; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; transmissible pathogen or disease; the negligence of participants or other persons who may be present; collision with other people, equipment, manmade or natural obstacles; major injuries are at risk as are musculoskeletal injuries including head, neck, and back injuries; my own physical condition, and the physical exertion associated with this activity. Natural forces including steepness of slopes, snow depth, instability of snowpack or varying and difficult weather and snow conditions may cause avalanches. Communication in this mountain terrain is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Helicopter and other transportation, including mechanical failure and operational error have increased risks in mountainous areas, especially in winter weather conditions. Furthermore, PNHA personnel have difficult jobs to perform. They seek safety, but they are not infallible. 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.
1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, 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 and all skiing activities.
2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PNHA 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 PNHA's equipment or facilities, including any such claims which allege negligent acts or omissions ofPNHA.
3. Should PNHA 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.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against PNHA, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit againstPNHAon the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at PNHA. 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.