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: February 8, 2023