ACCIDENT WAIVER, ASSUMPTION OF RISK & RELEASE OF LIABILITY ACKNOWLEDGMENT OF RISKS. I acknowledge the inherent danger and risks associated with any activity that takes place in the Southeast Alaska environment. I acknowledge that use of equipment and participating in any activity in this environment involves a test of a person's physical and mental limits and carries with it the potential for death, serious injury, permanent disability and property loss. I understand the risks include, but are not limited to, those caused by collision with underwater rocks, debris, logs, fishing gear, buoys, channel markers, ground, getting thrown from the vessel, capsizing, swamping or impacting rocks or other objects while on step or underway, or using equipment, boats, skiffs, canoes, stand up paddle boards, kayaks, floats, docks, slips, falls, painful crashes, puncture wounds, sprains, broken or fractured bones, paralysis, dismemberment, torn muscles or ligaments, organ damage, contusions, lacerations, cuts, concussion, abrasions, head, neck or spinal cord injury, allergic reaction, shock, firearm discharge, as well as risks posed by tides, terrain, facilities, temperature, weather, wind, ice, snow, slippery surfaces, condition of participants, equipment failure, hypothermia, vehicular traffic, other vessels, lack of hydration, oxygen shortage, altitude sickness, attack by insects, reptiles or wild animals, brown or black bear bite, attack, mauling, and actions or inactions of other people including, but not limited to, participants, volunteers, guides, bystanders (“risks”). ASSUMPTION OF RISK: I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY and ALL ACTIVITIES associated with BUMBLE EXPEDITIONS, LLC, whether the risks have been identified or not specifically identified in this document, by way of example, and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from use of dangerous or defective equipment or guide services involving camping, climbing, hiking, hunting, fishing, swimming, beachcombing, sightseeing, berry picking, bonfires, or in the presence, use or operation of watercraft of all types on all bodies of water, in all types of weather conditions, which is often unpredictable, and in the use or presence of firearms or other weapons and the use of any related equipment (“activities”). CERTIFICATE OF CAPABILITY. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, independent of any training or guidance BUMBLE EXPEDITIONS, LLC, its members, employees or staff may or may not provide. I certify that no medical professional has advised me not to participate in this activity. I certify that there are no health-related reasons or problems which preclude my participation in the above activities. RELEASE OF LIABILITY. In consideration for permission to participate in this activity, I voluntarily agree on behalf of myself, any minor children for which I am parent, legal guardian or otherwise responsible, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, claims, demands or causes of action, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may relate to the BUMBLE EXPEDITIONS, LLC Accident Waiver & Assumption of Risk & Release Page 1 of 4 activities THE FOLLOWING ENTITIES OR PERSONS: BUMBLE EXPEDITIONS, LLC, and/or its members, managers, directors, officers, employees, volunteers, representatives, affiliates, agents, and assigns, and SARA HADAD-DEMBS and JOHN DEMBS, individually, and in their capacity as owners of Mertz Island, in Sitka, Alaska (“Releasees”); and (B) I INDEMNIFY and WAIVE MY RIGHT TO SUE the Releasees from any and all liabilities or claims arising out of my participation in this activity, whether or not such claims are caused by the negligent acts or omissions of Releasees. Releasees, its members, managers, directors, officers, employees, volunteers, staff, representatives and associates may give inadequate warnings, instructions, guidance, or advice or use poor judgment before, during or after the activity. By signing this document, I acknowledge that if anyone is hurt or killed, or property is damaged during my participation in or use of Releasees’ activities, premises, facilities, vessels or equipment, I may be found by a court of law to have waived my right to maintain a lawsuit against Releasees for said claim. I acknowledge that this Accident Waiver and Release of Liability Form will be used by Releasees and that it will govern my actions and responsibilities related to all activities. I agree that Alaska law shall govern its interpretation. I further agree that the prevailing party in any action required to enforce this release and waiver shall be entitled to their full reasonable attorney fee and costs. I further agree that any claims arising out of any activities shall be filed and adjudicated by a court of competent jurisdiction in the First Judicial District in the State of Alaska, at Sitka, and agree that the State of Alaska shall have personal and subject matter jurisdiction over me and any such claims. COVENANT OF GOOD FAITH. I/we recognize that you, as a 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 due to forces of nature, medical necessities or other problems; and/or refuse or terminate the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I/we accept your right to take such actions for the safety of myself and/or the participants. I/we acknowledge that no guarantees have been made concerning achieving objectives. MEDICAL AUTHORIZATION. I/we authorize any medical treatment deemed necessary in the event of any injury while participating in the activities. I/we 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. Media Release Consent Clause I hereby grant to Bumble Expeditions, LLC, its representatives, affiliates, and assigns the irrevocable and unrestricted right to capture and use any photograph, video, or other recording of my likeness taken during my participation in the tour, as well as any such images or recordings I have publicly posted (e.g. on social media or in reviews) related to the tour. This permission includes use, reuse, publication, and distribution of these materials for any lawful promotional or advertising purposes in any media now known or later developed (including but not limited to social media, websites, digital campaigns, print publications, and other promotional materials) I understand and agree that these materials may be used with or without identifying me (or the minor participant, if applicable) and that I have no rights of ownership or approval over the content or its use I waive any right to compensation, royalties, or other payment for the use of my (or the minor’s) likeness and content . I release and discharge Bumble Expeditions, LLC from any claims or liability arising from using these images or recordings. If a participant is a minor, I certify that I am the minor’s parent or legal guardian and have the authority to consent on the minor’s behalf. By signing this provision, I hereby consent to all of the foregoing on behalf of the minor participant . ELECTRONIC SIGNATURE. I acknowledge this waiver, assumption and release may be executed by electronic signature or electronic symbol indicating intent to sign or acceptance of these terms, and any such signature or symbol shall be considered an original signature for all purposes with the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law. I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT AND AGREE TO BE BOUND BY ITS TERMS. I AM AWARE THAT THIS IS A LIABILITY WAIVER AND RELEASE, AND I SIGN IT OF MY OWN FREE WILL. |
