PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, AND ACKNOWLEDGMENT OF RISK In consideration of the services of NatVenture Tours, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify and discharge NatVenture Tours, LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: - ASSUMPTION OF RISK: I acknowledge that fishing, hiking, kayaking, packrafting, boating, travel by vehicle, travel in the bed of a pickup truck, travel by aircraft, and all other activities that I may participate in entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: aircraft crash; vehicle crash; boat capsize; attack by wild animals; tidal conditions and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, and accidental drowning; mental anguish or trauma, illness in remote areas; adverse weather conditions such as exposure to sun, strong wind, cold storms, large waves, eddies and whirlpools, and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while hiking; and rapidly changing weather and water conditions.
- RELEASE OF LIABILITY: By my participation in these activities and/ or use of equipment, I hereby assume all risks and dangers and all responsibility for any loses and/ or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of NatVenture Tours, LLC, or by any other person including myself. I also verify that I am in good health, not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and am capable of pursuing outdoor recreation activities, and that my participation in this activity is voluntary. I/we also agree to wear a properly secured personal floatation device, at all times while on the water.
- VOLUNTARY PARTICIPATION: I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- INDEMNIFICATION AND HOLD HARMLESS: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NatVenture Tours, LLC 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 NatVenture Tours, LLC’s equipment, including any such claims which allege negligent acts or omissions of NatVenture Tours, LLC.
- INSURANCE: I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have disclosed to NatVenture Tours, LLC any medical or physical conditions I may have that put me at extra risk from participation in this activity, and I am willing to assume the risk of any medical or physical condition I may have.
- LAWSUIT: In the event that I file a lawsuit against NatVenture Tours, LLC, I agree to do so solely in the state of Alaska, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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.
- ATTORNEY FEES: Should NatVenture Tours, LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- MEDICAL AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
- PHOTOGRAPHY / VIDEO AUTHORIZATION: I agree that any videos or photographs of me/us (either taken by NatVenture Tours LLC and its representatives/employees OR shared by me/us with NatVenture Tours LLC), as participants, become the property of NatVenture Tours, LLC and may be used for promotional or commercial purposes. This includes use on websites and social media sites.
- COVENANT OF GOOD FAITH: I recognize that NatVenture Tours, LLC, as provider of goods and/or services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity or terminate the participation of any person for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to achieving objectives.
By signing this document, I acknowledge that if anyone is hurt 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 NatVenture Tours, LLC 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. Today's Date: February 4, 2025 |