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Ketchikan AdventureVue, LLC
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, and INDEMNITY AGREEMENT

In consideration of the services of Ketchikan AdventureVue, LLC, its agents, owners, officers, employees, joint-ventures, successors and all other persons or entities acting for or on their behalf (hereafter collectively referred to as "KAV"), I agree on behalf of myself,  spouse, children, parents, heirs, assigns, personal representative, estate and any other person acting by or on my behalf, as follows:

1.          Acknowledgement of Risks:  I acknowledge that a tour in motorized all-terrain vehicle (hereafter “UTV”) on logging roads entails known, unknown and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, property or third-parties.  I understand that such risks are essential to the tour and therefore cannot be eliminated.  

Inherent risks of this tour include but are not limited to: falling off the UTV; jostling and bouncing in the UTV; UTVs overturning or crashing; driving actions or omissions by myself or other participants; negligence of other participants or myself; inclement weather; crevasses, potholes, rockslides and other environmental conditions; the design of the course or condition of the roads; and equipment failure. I understand this tour exposes me to all elements of the outdoors, other participants and equipment 

In addition, I acknowledge that KAV and its employees are not infallible. Among other things, they might be unaware of or misjudge a participant's fitness or abilities; misjudge the weather or environmental conditions; fail to observe or avoid other UTVs, manmade or natural obstacles; give inadequate warnings or instructions; and the UTVs and other equipment may malfunction.    

2.          Acknowledgement of other drivers and Warranty of Fitness I understand I will be riding in a UTV driven  by another participant, or will be driving a UTV with or without other participants. I warrant that I am physically and mentally able to ride in or   drive a UTV as the case may be; and that if I drive I can steer, guide, use the braking system and fully operate the UTV. I warrant and represent that I have no physical or mental impairments which would impair my ability to ride or drive, including but not limited to any impairment from the consumption of alcohol or illegal or prescription drugs.

3.         Assumption of Risks:  I expressly agree to accept and assume All of the risks of this activity, known and unknown, including but not limited to those identified above.  My participation is purely voluntary, and I elect to participate in spite of the risks.

4.          Release of Liability, Discharge, Indemnification and Hold Harmless:   I hereby voluntarily release, discharge, and agree to indemnify, defend and hold harmless KAV from any and all liability, claims, demands, or causes of action that are in any way connected with or arising from my participation in this tour or my use of KAV’s equipment or facilities, (i) including but not limited to claims for property damage, personal injury or death and (ii) including any claims which allege or entail negligence or gross negligence by KAV.  This includes any allegations of negligent training, supervision or hiring of guides.  

5.          Indemnity for Attorney’s Fees:     Should KAV, or anyone acting on its behalf, incur attorney's fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

6.          Participant Responsibility for Damage to Kart:  I hereby agree to be fully responsible and pay KAV the cost to repair or replace any and all damage to a UTV or other equipment caused by my negligent, careless and/or unauthorized use of a UTV or other equipment.  

7.          Waiver of Lawsuit; Jurisdiction; and Intent of Agreement:    By signing this document, I acknowledge that if I am injured, die or suffer property damage in connection with my participation in this tour, I am waiving my right to maintain a lawsuit against KAV on the basis of any claim that I have.  In the event that I file a lawsuit against KAV for any reason, or that I am sued for anything connected to this tour, the courts for the state of Alaska in the First Judicial District at Ketchikan shall have exclusive jurisdiction and venue.  I agree that the substantive law of Alaska shall apply in any action regardless of venue, without regard to the conflict of law rules of any other jurisdiction.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions of this agreement shall remain in full force and effect.          


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.

Signature of Participant OR Parent or Guardian if Participant is under age of majority:

Date: June 28, 2022

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Additional Information

Cruise Ship

Cabin Number
PARENT'S OR GUARDIAN'S AGREEMENT ON BEHALF OF MINOR (Must be completed for participants under the age of 18) In consideration of the minor(s) ("Minor") being permitted by KAV to participate in its activities and to use its equipment and facilities, I agree as follows: 1. I have read this entire document, including the front page, and agree to be bound by all of its terms, and the terms set forth below, both as the parent/guardian of the Minor and on behalf of the Minor or any other person acting on behalf of or through the Minor. 2. I agree that any claim the Minor may have for the negligence of KAV is hereby waived and released as set forth in this entire Agreement. 3. I agree to indemnify and hold harmless KAV from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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