In consideration of the services of EL WLL Owner LLC, Eleven Lodge Management LLC, the State of Alaska, Alpine Air Alaska, LLC, Vertical Solutions, LLC, Rusts Flying Service, Rust Air, Inc., Regal Air, Alaska Skyways, Inc., Irwin Backcountry Guides and their various and respective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, subcontractors, sales agents, third party booking entities and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “E.L.M.”), I hereby agree to release and discharge E.L.M. on behalf of myself, my parents, my legal and personal partners, my heirs, assigns, personal representative and estate as follows: ________________________________________________________________
Look: there are numerous risks and dangers associated with helicopter assisted skiing, boarding and recreation that can result in your being hurt, killed or having your stuff lost or wrecked. By signing this document, you agree: 1) to all the terms discussed in this document; 2) that you have carefully read the whole document; and 3) even if a specific risk is not listed in this document you CONSENT to waiving your legal rights to sue E.L.M. (as it is named above). By signing this release, you are telling yourself, everyone with you, E.L.M. and Alaska’s Courts that you know very well it’s a risky uncertain world recreating with helicopters in the mountains of Alaska and YOU are LEGALLY taking all of those known and unknown risks and responsibilities home to yourself. ________________________________________________________________ 1. Inherent Risks I acknowledge that flight assisted skiing (the term “skiing” shall include “snowboarding” and “telemarking” and “randonnée”) entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in E.L.M. activities. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I understand that skiers with retention straps and/or boot and binding systems not designed or intended to release have an increased risk of not surviving an avalanche. I also understand and acknowledge that failing to use or properly use safety type equipment (IE – beacons/ transceivers, harnesses, airbags, etc.) increases my risk of injury or of not surviving an accident or incident while helicopter or snowcat skiing. I specifically acknowledge that flight assisted and snowcat skiing also includes a wide range of ‘experiential’ type activities such as flightseeing, photo opportunities, back country ski touring with minimal aircraft assistance and landing in beautiful environments to access the mountains and unique places accessible in areas near the ski zones used by E.L.M. I acknowledge I will be afforded these activities where available on the various E.L.M. programs and they are a normal part of ‘flight assisted and snowcat skiing’ provided by E.L.M. I also expressly acknowledge that the normal recreational activities which are offered by E.L.M. and which are the subject of this release contract may involve ‘staging’ or deploying in and out of areas that include E.L.M.’s wholly owned properties, various private properties and permitted and public properties. The inherent risks associated with “flight assisted” (helicopter or fixed wing aircraft), back country ski touring include, among other things: Flight assisted and snowcat skiing is usually accompanied by beautiful mountain scenery. Those same mountains pose a risk of avalanches. Avalanches (meaning ‘mass movement’ events of snow, ice, rocks/dirt or some combination of all of these materials) may be caused by natural or artificial forces including, but not limited to, steepness of slopes, snow depth, instability, changing weather conditions, or the weight of myself or other skiers on the snowpack. E.L.M. or its staff may misjudge whether the terrain is safe for skiing or where or when an avalanche may occur. The natural beauty of the mountainous areas used for flight assisted and snowcat skiing sometimes hides dangerous obstacles. Those obstacles may be hidden by snow and include, but are not limited to, crevasses and bergschrunds, ice and snow cornices, tree wells, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions below the snow surface, and varying and difficult snow conditions. The backcountry ski areas may not have been skied previously and are not regularly patrolled. Skiers may become lost or separated from their skiing guides or skiing companions in forested areas, wild and rugged terrain, or bad weather. Communication in this mountain terrain is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. It is also critical to understand that helicopters themselves present some danger in mountain operation settings; the machines themselves are operated by human pilots who are subject to errors in perception and operational abilities so that an inherent risk of mountain helicopter flying and heli skiing is, quite literally, the event of the helicopter crashing and all of the ensuing dangers related to such a crash. I acknowledge that, in the remote locations used by E.L.M., participants may experience extreme environmental and/or weather conditions (during any and all activities). Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, frostbite, etc. some or all of which may diminish my or the other participants ability to react or respond. Common (sometimes life threatening) injuries for these types of activities include, but are not limited to the following; strains, sprains, fractures, and/or wounds and trauma to the head or body. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, storms, extreme temperature variations, etc., can occur. I agree that the inherent risks of these activities go beyond what is described in the Alaska Ski Safety Act (“A.S.S.A.”) and that the A.S.S.A. does not apply to the activities offered by E.L.M.. I acknowledge that my time participating in E.L.M. events/activities may require me to use technical equipment (IE – avalanche transceivers/beacons, airbags, harnesses, skis or snowboards, crampons, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by E.L.M. guides/staff. I acknowledge that, despite reasonable care and maintenance, essential equipment may fail, malfunction or cause injury or worse harm to myself or others. I understand that the rental ski or snowboard binding system may not release at all times or under all circumstances and could release prematurely or not at all which may result in injury or death. It is not possible to predict every situation in which a binding will release so that there is no guarantee of safety. I accept responsibility for the use and care of any and all E.L.M. equipment when it is in my possession and I will be responsible for replacement of any E.L.M. equipment that is not returned or is damaged. I acknowledge that food preparation is an integral part of some of these activities and that I and other participants may be eating in the outdoors and/or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; I acknowledge my responsibility to inform E.L.M. of any specific food related allergies. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge that, while the ‘core’ activity of a trip or participation with E.L.M. will be flight assisted or snowcat skiing, there may be opportunities to participate in other activities that are somewhat ancillary to the core or essential activities of flight assisted or snowcat skiing. These additional activities (such as exploring the mountainous or glaciated terrain near ski zones) may occur as a result of weather conditions that prevent flight assisted or snowcat skiing or they may be part of normal operational situations such as staging groups for lunch or entry or exit from ski zones; E.L.M. and participants may take advantage of opportunities for additional exploration, sightseeing (including flight seeing) or touring presented by being in mountainous locations. All of the attendant risks associated with flight assisted and snowcat skiing will be present in these additional exploratory, sightseeing or touring activities. I acknowledge that it will be my responsibility to inform E.L.M. and/or my guide if I do not want to participate in these activities (with the exception of normal staging events required to move in or out of the field). Specifically, depending on the season and the conditions, E.L.M. may take clients on additional activities such as hiking, SUP/kayak trips, wildlife viewing or flyfishing, surfing or kite surfing, mountain or ‘e’ biking or overnight wilderness camping. I acknowledge that it will be my choice to attend and/or participate in ay of these activities and that I must accept the inherent risks and the known and unknown risks of each of these activities. Specific hazards may include (but are not limited to): Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by E.L.M., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. The inherent risks associated with the water related (rafting, packrafting, kayaking, surfing, using SUP’s or other water travel vessels) trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft; there may be errors in food storage or preparations; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the raft may break down or be faulty; it is possible that loss of control of the raft could occur resulting in collision or capsizing or sinking and that if a raft turns over or flips I could be "washed" overboard; rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the raft and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, slick gravel and ice, etc.; the raft or any portion of it may collide with or encounter other rafts, man-made or natural objects including submerged or semi-submerged trees, rocks, branches, boulders, bridges, etc. The inherent risks associated with hiking, running and general sightseeing, and living in camp or wilderness type settings also include, but are not limited to: slipping or falling during camp activities or hiking or running. I specifically acknowledge that the inherent risks associated with hiking or running include, but are not limited to the facts that I can slip or fall during hiking and I understand that the areas in which I might hike or run sometimes have or hide dangerous obstacles such as steep inclines, tree wells, tree stumps, creeks, rocks and boulders, slippery streams, forest dead fall, poisonous or noxious plants, etc. The natural beauty of the mountainous areas used for hiking/trekking/glacier viewing sometimes hide dangerous obstacles. Those obstacles may be hidden by snow and include, but are not limited to, crevasses and bergschrunds, ice and snow cornices, holes and depressions below the snow surface, and varying and difficult snow conditions. I may encounter dangerous wildlife, insects, etc. I specifically acknowledge that the inherent risks associated with lodging in tents may feel different than a normal building and may include areas of low head room, small or cramped spaces, etc., all of which may feel un-natural and cause me to become disoriented or trip or fall; tents are particularly subject to issues related to inclement weather, temperature variations and wildlife attacks. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. Communication in the camping, mountainous and alpine lake and river terrain in which these activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that fishing related activities have inherent risks also which include, but are not limited to use of fishing gear such as hooks, gaffs, rods, knives, etc. I may encounter the actual fish being hunted or pursed and may be attacked or poisoned or otherwise harmed. The inherent risks associated with therapeutic activities such yoga include, but are not limited to intense physical exertion which may lead to injury or aggravation of pre-existing injuries or conditions. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in yoga. I acknowledge my own need to understand my physical limitations and have the self-awareness to stop or modify my participation before I become injured or aggravate a pre-existing injury. I understand that yoga includes physical movements as well as an opportunity for relaxation, stress re-education and relief of muscular tension. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. If I experience any pain or discomfort, I will listen to my body, discontinue the activity, and ask for support from the instructor. The inherent risks associated with the dog, dog mushing and dog lot related activities include, but are not limited to: interactions with dogs that are wet, muddy, excitable, large and small. Dogs are social animals and they will likely crawl on me, slobber on me and run circles around me – meaning I can get tangled in their lines, get dirty, get knocked over, etc. I acknowledge that the dogs are well natured and socialized to humans but could possibly have an aggressive reaction resulting in a bite or wound to myself. I also acknowledge that various obstacles exist in the areas where the dog sledding activity occurs, including glaciated terrain, snow and ice, etc. I also acknowledge that the equipment used for the dogs and sleds may cause us harm such as slipping on ice/rocks, tripping over the line system the dogs are attached to or otherwise being injured by various hazards associated with a moving sled system and that I may encounter things like the sled tipping, exceeding speeds at which I am comfortable, experiencing bumps and/or sweeping turns, getting tangled in the gear, etc. I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which E.L.M. has no control (IE – including but not limited to scenic river floating or rafting, surfing, alpine/rock or ice climbing, etc.). Those activities are incidental to the activities provided by E.L.M. and may involve errors in judgment by the other vendors or operators for which E.L.M. can bear no liability or fault. I acknowledge that risks of these activities will be explained by these other vendors and that I will required to follow the safety policies and procedures of these other vendors and will also be required to sign Release and Waiver contracts in favor of those other vendors. E.L.M. is not a “Common Carrier” but rather is in the primary business of providing flight assisted or snowcat ski type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by E.L.M. or other vendors and may involve errors in judgment by E.L.M. staff or vendor staff operating the vans, buses, cars or other type transport vehicles. I specifically acknowledge that I am voluntarily exposing myself and others to all of the risks attendant with automobile travel including accidents, breakdowns, etc. and that E.L.M. cannot be nor will it be liable for these types of incidents. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. I expressly acknowledge that naturally occurring human disease processes (including, but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while E.L.M. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in this activity, that E.L.M. cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other E.L.M. participants or employees, that I may be held legally and financially responsible for that transmittal. Furthermore, E.L.M. Guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and/or I as the participant may fail to understand the safety directions due to language issues. The equipment being used might malfunction. Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of E.L.M. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise E.L.M. of anything which I consider to be unsafe or to refuse to participate. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are often made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point intime. 2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. This means I am not just assuming the inherent risks of the activity but rather that I am assuming all of the risks of the activity, even if they are not expressly stated in this document. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree and understand that my decision to encounter the risks in this activity is the most substantial factor causing any ultimate harm that may come to me during this activity. This is a purely voluntary un-necessary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks whether they are known or unknown to me is intended to defeat all claims I might have against E.L.M. 3. Specific Express Legal Agreements I expressly agree that E.L.M. is not a “ski area” for purposes of the Alaska Ski Safety Act and that there is no recognized “ski area” which is the focal point of E.L.M.’s activities. I agree that neither E.L.M. nor its helicopter provider are “common carriers” under the law for purposes of the activities offered by E.L.M. My intent in signing this release contract is that it will be given broad effect by the Alaska courts even if a specific risk or possible claim is not listed herein. I expressly agree and acknowledge that I am waiving arguments against E.L.M. as to when and where an activity begins or ends and that once I am engaged in any way in an E.L.M. activity this release contract will apply. I also expressly agree that this release contract will be admissible into evidence in any legal proceeding which I initiate or become involved in against E.L.M., even if the Court rules that the contract is not dispositive of the case. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it, as is and without edits, of my own free will. 4. Release and Waiver of Rights Including for ALL Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless E.L.M. 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 E.L.M.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of E.L.M. (‘E.L.M.’ being its employees and those defined in the opening paragraph of this document). What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against E.L.M. sounding in negligence. I agree that the risks of death, injury, property loss or other damages are known and unambiguous to me and that, even if a specific type of loss is not listed in this document it is my express agreement not to hold E.L.M. liable for negligence related to any death, injury or other style of damage encountered. 5. Indemnity Should E.L.M. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or to defend against lawsuits or claims brought by me or someone on my behalf, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs. Plainly put – if I or anyone else violates this release contract and brings suit against E.L.M. I agree to pay all of E.L.M.’s legal fees in defending themselves. 6. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by E.L.M.. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating (regardless of the cause), or else agree to bear the costs of such injury, damage or emergency transportation costs myself. I understand and acknowledge that flight assisted or snowcat skiing and the other opportunities for exploration and recreating are, in some contexts, considered ‘high risk’ activities and that my life insurance coverage may be affected; I understand it is my responsibility to give appropriate notice to my personal insurance companies regarding this activity. 7. Equipment Usage I expressly state that I fully understand the use and function of any pieces of E.L.M. equipment that I might use or rent and that, if I do not understand the function or use or fit of the equipment, that it is my sole responsibility to ask and educate myself on these issues. I have not misrepresented my height, weight, age, skier type or ability to E.L.M. when obtaining E.L.M. equipment for use in the activities and in the field. I agree to release, hold harmless, indemnify and defend E.L.M., the equipment manufacturers and distributors and their respective owners, agents and employees, from any and all loss and damage including from claims of property damage, personal injury, or death caused in any way by the manufacture, marketing, sale, rental, selection, installation, maintenance, adjustment, use or misuse of the equipment, and/or for any claim based upon negligence, breach of warranty, strict liability, contract or other legal theory, accepting to myself the full and sole responsibility for any and all such damage, injury or death which may result from E.L.M. equipment usage. 8. Medical Issues I further agree that, in the event that E.L.M. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving E.L.M. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against E.L.M. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from E.L.M. activities or the field. 9. Photographic Assignment I understand that E.L.M. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that E.L.M. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by E.L.M. I agree and acknowledge that E.L.M. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties. 10. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract, as is and without edits, of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with E.L.M. 11. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against E.L.M., I agree to do so solely in the Third Judicial District of the State of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and E.L.M. and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract. By signing this document, I acknowledge that if anyone is hurt or killed 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 against E.L.M. on the basis of any claim from which I have released them herein. 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 DURING THE FULL 2023 E.L.M. OPERATING SEASON. My express intention in signing this complete release of claims document is to voluntarily exchange this release contract with E.L.M. for the opportunity to participate in recreational activities with E.L.M. Date: May 9, 2025
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