TONGASS TEAGUE LLC HIKING TOURS Statement of Risk and Liability Release: I understand the following: I am about to engage in guided outdoor recreation on a semi-remote trail that is up to two or more miles off the road and away from houses. The tour will be conducted in whatever weather is happening and most likely will not be canceled. There are no facilities on the trail once the hiking has begun. I understand the risks involved and believe I am competent to care for my own safety. I assume full financial responsibility for my care if I am injured either during the activity or going to or coming from the activity. Therefore: - I release TONGASS TEAGUE LLC and its owners, agents, and employees of any liability associated with my participation in activities offered by them, including hiking or mindfulness practices. - I agree to protect, indemnify, and hold TONGASS TEAGUE LLC and their owners, agents, and employees harmless from and against any and all loss, costs, expense, damage, or liability arising out of any legal action I initiate against them that violates this release. - If any legal action is initiated against TONGASS TEAGUE LLC and their owners, agents, and/or employees, I agree that the legal action shall be governed and construed in accordance with the laws of the State of Alaska, U.S.A. without regard to conflicts of law principles. I also agree and submit to the jurisdiction of any court or competent jurisdiction within the City and Bureau of Ketchikan, Alaska, with respect to any claim, controversy, causes of action or suit arising out of or related to this agreement. - If I am unable to be consulted about emergency medical care, I authorize TONGASS TEAGUE LLC and their owners, agents, and employees to obtain medical help on my behalf and rescue. This authorization includes but is not limited to permission to call 911 or use a satellite messenger SOS, to authorize emergency medical care or professional rescue by appropriately licensed personnel and transport to and treatment by the nearest appropriate facility. Whether consciously or unconsciously consenting to care, I will be fully responsible for covering rescue and medical costs accrued, if any. - I understand that the TONGASS TEAGUE LLC's tours are a leave-no-trace excursion, including no littering or food left behind and that this is also a tobacco-free, drug-free, and alcohol-free excursion. - I understand that the TONGASS TEAGUE LLC's tours are for those who are used to physical outdoor recreation in all kinds of weather, without any facilities of any kind and are designed for people with a particular fitness level and sensibility. I acknowledge that the activities I am about to voluntarily engage in come with certain risks, which could result in serious bodily injury (physical and/or mental damage), death, or damage to personal property. The risks of the activities, include, but are not limited to, the following: · Rooty and rocky trail with uneven surfaces · Somewhat steep but walkable descents and ascents, sometimes with stairs and sometimes without · Mud, standing water, or small creek crossings on the trail · Manufacture defects in equipment · Encountering other hikers and dogs, often unleashed · Encountering wildlife: black bear, mountain goats, deer, wolves, etc. · Adverse weather conditions such as: wind, rain, hail, sleet, snow, cold, sunny, heat, lightning (extremely rare), and trees falling over · Failure to follow the guides safety and trail instructions · Failure to stay on the trail - I acknowledge that I do not have debilitating medical conditions, injuries, or poor balance. I understand that this trail is NOT wheelchair accessible nor is the transportation vehicle. I should be able to sustain being able to hike 3-5.5 miles (depending on the tour), which could total up to 2 to 3+ hours of sustained exercise. I understand that for those who are used to regularly or semi-regularly doing outdoor exercise, this tour should be very enjoyable. For those who are less fit, this tour could be moderately a challenge. For those who are not at all fit, this tour would be a struggle and most likely probably not at all that fun and could risk injury and maybe jeopardize others’ safety or schedules.
- I understand that each tour is designed to be completed in a timely manner so that we can make it back to the vehicle to return me to the docks according to schedule. Though there is time to comfortably hike, if for whatever reason I find that I am struggling physically on the tour or have taken more time than usual to complete the hike, some activities may be cut short, adapted, or eliminated to compensate without any refund. Also, if I am unable to complete the tour, there are no refunds. I understand that if I have some physical concerns, I can book a private or custom tour when to accommodate and tailor the tour to my needs and desires within reason. - I understand that other guests on the tour may have differing levels of fitness and abilities. I understand if someone is injured or unwell or unable to complete the tour, then that person takes priority, which may result in the guide deciding to turn the group around and to return to the vehicle and not completing the entire tour. - I understand that TONGASS TEAGUE LLC currently only has two child car seats, and that if he is not contacted ahead of time to request child car seats for my children under 8, they cannot be legally transported. I also understand that children under 18 must be accompanied by a parent or a legal guardian on TONGASS TEAGUE LLC tours.
COVID-19 Clause I acknowledge that the threat of COVID-19 still exists and that being vaccinated or not does not prevent me from contracting or spreading COVID-19. - I understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic and is reported to be very contagious. While the state of medical knowledge around COVID-19 is evolving, the virus is believed to spread mainly from person-to-person contact and evidence has shown it can cause serious and potentially life-threatening illness and even death. - I acknowledge that TONGASS TEAGUE LLC, depending on the seasonal risk of COVID-19, may require wearing masks while riding in the vehicle to the trail head. Otherwise, optional masks are available if I would like to use one, for the duration of vehicle transportation or while hiking on the trail. Nevertheless, TONGASS TEAGUE LLC cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while on a TONGASS TEAGUE LLC tour. Therefore, I understand that I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19. Before, during, or after my tour with TONGASS TEAGUE LLC, I may also experience unexpected costs associated with COVID-19, such as, but not limited to, medical care, food and lodging during an unexpected quarantine imposed by local health or government officials, missed flights, airport closures, transportation cancellations or delays, etc. I will be solely responsible for the expenses associated with these circumstances and will be required to reimburse TONGASS TEAGUE LLC for any additional costs it incurs on my behalf. - By signing this agreement, I acknowledge the contagious nature of COVID-19 and the unknown expenses that may be a result of COVID-19, and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or experience unanticipated costs associated with COVID-19 by participating in the TONGASS TEAGUE LLC tour. I also voluntarily assume the risk that a COVID-19 infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming infected by COVID-19 on a TONGASS TEAGUE LLC tour may result from the actions, omissions, or negligence of myself and others, including, but not limited to TONGASS TEAGUE LLC employees, TONGASS TEAGUE LLC partners (and partner employees) and other passengers. I understand that complete knowledge of the risk factors of contracting COVID-19 is not known and that unknown or unanticipated risks may result in injury, illness, death, or any other loss. I agree that having considered these risks, I wish to participate in the tour, and I freely and voluntarily assume complete personal responsibility for the risk of expense, exposure, illness, and death due to COVID-19, even if such injuries or death occur in a manner that is not foreseeable at the time this agreement is signed. - I for myself, and on behalf of my and their heirs, assigns, personal representatives, and next of kin voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to personal injury, disability, and death), illness, damage, loss, claim, liability or expense of any kind that I may experience or incur in connection with my TONGASS TEAGUE LLC tour and its activities (“Claims”). I hereby release, agree not to sue, discharge, and hold harmless TONGASS TEAGUE LLC, its employees, agents, and representatives, of and from the Claims. Including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or related to it. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of TONGASS TEAGUE LLCE, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any TONGASS TEAGUE LLC tour. - 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. No additions, deletions, or changes can be made to the release form, and signing it is a requirement for joining the tour.
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