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RELEASE AND WAIVER OF LIABILITY
MAHAY’S RIVERBOAT SERVICE, INC. 

The undersigned signs this Release and Waiver of Liability (the “Release”) voluntarily, as partial consideration for using the facilities and participating in the tours (the “Tours”) provided by Mahay’s Riverboat Service, Inc. (the “Company”) at 22333 Talkeetna Spur Rd, Talkeetna, AK 99676 (the “Premises”) and riding on the Company’s various watercraft, including unguided skiffs (the “Watercraft”). 

I acknowledge that there are potential risks, known and unknown, when using the Premises and riding on the Watercraft and participating in the Tours provided by the Company. I acknowledge that participation in the Tours and use of the Premises and/or Watercraft:

  1. may require climbing steps that could result in injury, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  2. may require boarding and riding in a shuttles or buses which could crash and result in injury, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  3. may require loading and offloading from a, shuttle, bus, or train onto the Premises that could result in falling, tripping or incorrectly loading or offloading, that could lead to physical injury including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  4. may require walking on uneven ground that could result in injury, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  5. may require walking and or sitting in natural elements that are unpredictable and could lead to weather exposure that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  6. may require traversing natural obstacles, including but not limited to, river banks, rocks, trees, cold water, loose soil, loose rocks, and slippery terrain, that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  7. may require encounters with natural wildlife, including but not limited to wolves, bears, fox, and other large predators, that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  8. may require use of fires that that could result in injury from burns to clothing, skin or other personal items; and could result in additional physical injury or illness including but not limited to, bodily injury, total paralysis, lung damage, death or ailments that could cause serious disability;
  9. may require walking on a dock with uneven surfaces that are wet, slippery, or unstable that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  10. may require stepping on or off a dock from or to a floating Watercraft that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death (e.g. from drowning) or ailments that could cause serious disability;
  11. may require traversing unpredictable waterways with or without strong currents and waves, and/or riding in a Watercraft that may hit gravel bars, rocks, floating trees, or other obstacles in the water, or make sudden turns or stops, that could result in injury or illness, including but not limited to, bodily injury (e.g. collisions with internal components of the Watercraft), strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death (e.g. from drowning) or ailments that could cause serious disability;
  12. may require moving in a Watercraft that may be slippery or become unstable without warning resulting in the Watercraft capsizing or my falling from or into the Watercraft that could result in injury or illness, including but not limited to, bodily injury, strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death (e.g. drowning) or ailments that could cause serious disability;
  13. may require cooperating with other individuals who may be negligent and/or careless with the items located on the Watercraft which may lead to bodily injury, including but not limited to strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;
  14. may require fishing, wading, swimming, and any other activity in cold remote waters in the Alaska wilderness which has increased risk of exposure, trips/falls which may lead to bodily injury, including but not limited to strains, fractures, partial and/or total paralysis, concussions, strained ligaments, neck and back injuries, death or ailments that could cause serious disability;

I understand and acknowledge that due to the remote locations of the Premises and Tours medical treatment I may need may delayed, which could make my injuries or circumstance worse.

I understand that the foregoing list of items (1) through (14) will be referred to in this Release as the “Dangerous Activities.” I understand and agree that neither the Company, nor any of its affiliated entities, nor their owners, officers, managers, members, employees, or other agents (together, with the Company, the “Company Parties”) are responsible for my safety while I am on the Premises of the Company and/or participating in the Tours or on the Watercraft. I understand and agree that I must use the Premises and Watercraft and participate in the Tours with care.

I specifically acknowledge that there are risks associated with the Dangerous Activities, including, but not limited to, those risks specifically mentioned herein; inherent risks associated with each Dangerous Activity; general slips/trips/falls while traversing the Premises, moving in the Watercraft or the Alaskan wilderness; my own negligence or inexperience and the negligence or inexperience of others participating in the Tours with me while participating in the Tours, use of the Premises and Watercraft or traversing the Alaska wilderness; and any health issues I may have that can increase the risk associated with the Dangerous Activities. I understand that some of the risks associated with the Dangerous Activities may not be obvious or predictable and hereby intend that this Release extends to injury or loss which results from both obvious or predictable risks as well as risks that are not obvious or predictable as it relates to the Dangerous Activities. I understand that if I sustain a physical injury that requires treatment that there is a risk that such treatment may result in additional illness, injury or death. I assume the risk of injury and death associated with the Dangerous Activities and any risk of injury and death associated with treatment from a physical injury related to the Dangerous Activities.

I release the Company Parties from any claim I may have related to injury, death, or property damage arising from the Dangerous Activities, as well as any negligence or future negligence of the Company Parties, myself, or third parties related to the Dangerous Activities, conditions in and around the Company’s Premises, and Watercraft.

I shall defend, indemnify, and hold the Company Parties harmless from any claim made against the Company Parties related to injury, death, or property damage arising from my participation in the Dangerous Activities, as well as any negligence or future negligence of the Company Parties related to the Dangerous Activities.

I understand that there are natural, mechanical, and environmental conditions and hazards, which independently or in combination with any Dangerous Activities engaged in while participating in the Tours, riding on Watercraft or in the Alaska Wilderness, may result in the exposure to certain risks, including exposure to biological agents, viruses, or similar bacteriological agents, and the risk of being quarantined, or illness that may result in medical care, hospitalization, or death. I understand that some of the risks associated with these exposures may not be obvious or predictable and hereby intend that this Release extends to injury or loss which results from both obvious or predictable risks as well as risks that are unpredictable and not obvious as it relates to biological agents, viruses, or similar bacteriological agents.

I understand that by signing this Release I am waiving any right I may have to recover damages for any kind of claim I may be able to bring, including, without limitation, claims based on emotional distress, injury, death, expenses, negligence, compensation, and lost wages.

This Release applies to any claims I may otherwise be able to bring on behalf of my family, or any claims my family may bring on my behalf. This agreement is binding on my heirs and assigns.

It is my intent that by signing this Release, the Company Parties shall bear no cost for my injury or death, or for property damage, for claims, including but not limited to medical care and lost wages, I may have or third parties may have arising out of the Dangerous Activities or the negligence or future negligence of the Company Parties related to the Dangerous Activities.

By my signature below I verify that I have read the foregoing Release, I understand its intent, its terms are clear to me, and I have had an opportunity to review the terms of this Release with independent counsel and have either engaged counsel to review this Release or voluntarily declined to do so.

If any part of this agreement is unenforceable for any reason, then such term shall be reformed or modified to the minimum extent necessary to accomplish its intent (i.e. to relieve the Company Parties of any liability).

Any controversy or claim arising under this Release shall be submitted to one arbitrator, selected upon mutual agreement of the parties. The place of arbitration shall be Anchorage, Alaska and Alaska law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. I will pay all costs and attorney fees.

Alaska law shall govern the terms of this Agreement. Jurisdiction and venue for any action arising out of this Release shall lie exclusively with the courts in the State of Alaska, Third Judicial District at Anchorage.

I further state that I am of lawful age and legally competent to sign this Release, and that signing this Release is my own free act (unless this is signed by a parent or legal guardian). I also understand and agree that the terms herein are contractual and they are not a mere recital; nor are they simply for information purposes.

If I am signing for a minor child, I certify that I am the parent and/or legal guardian of the minor child, and I have the authority to sign this document on his or her behalf.

In consideration of the aforementioned activities, and as parent or guardian of the minor named above, I, on behalf of myself and the minor, agree to release, indemnify and hold harmless the Company Parties as provided above. I agree to reimburse or make good any loss or damages or costs that any of the Company Parties may have to pay, in advance, if any litigation arises out of any claims made by the minor or anyone acting on his or her behalf. Furthermore, I release any claim or cause of action that I may personally have as parent or legal guardian resulting from any such injury or death to the minor.

I state that I have fully read and understand this Release and Waiver of Liability. 

Today's Date: April 28, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
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*

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

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

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

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

First Name*

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

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

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

First Name*

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

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

Email*

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
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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