TONGASS TEAGUE LLC DRIVING TOURS Statement of Risk and Liability Release I acknowledge that I am participating in a driving tour on a semi-remote road, which may be up to 16 miles from modern amenities. The tour will proceed in varying weather conditions and is unlikely to be canceled. There are no facilities along the drive, except for one pit toilet within the Tongass National Forest. I understand the risks involved and believe I can ensure my own safety both inside and outside the vehicle. I assume full financial responsibility for any injuries or incidents that may occur during the activity or while traveling to or from the activity. Therefore: - I release and hold harmless TONGASS TEAGUE LLC, its owners, agents, and employees from any liability associated with my participation in this activity.
- I agree to indemnify and hold harmless TONGASS TEAGUE LLC, its owners, agents, and employees from any losses, costs, expenses, damages, or liabilities arising from any legal action I initiate in violation of this release.
- If any legal action is initiated against TONGASS TEAGUE LLC, its owners, agents, and/or employees, I agree that such action shall be governed by the laws of the State of Alaska, U.S.A., without regard to conflicts of law principles. I also submit to the jurisdiction of any competent court within the City and Borough of Ketchikan, Alaska, for any claims, disputes, or causes of action arising from this agreement.
- If I am unable to provide consent in an emergency, I authorize TONGASS TEAGUE LLC, its owners, agents, and employees to seek emergency medical assistance or professional rescue services on my behalf. This includes calling 911, using a satellite messenger SOS, or authorizing medical treatment by licensed personnel. I acknowledge that I am fully responsible for any rescue or medical costs incurred, regardless of my ability to consent at the time of care.
Tour Expectations and Risks I understand that TONGASS TEAGUE LLC driving tours follow a strict leave-no-trace policy, meaning no littering or food left behind. These excursions are also tobacco-free, drug-free, and alcohol-free. I acknowledge that participation in this tour carries inherent risks, including but not limited to: - Road Conditions: Unmaintained dirt roads with bumps, potholes, mud, and exposure to rough terrain.
- Vehicle Movements: Jarring motions due to road conditions.
- Equipment Malfunctions: Potential defects in vehicle equipment.
- Wildlife Encounters: Possible encounters with black bears, mountain goats, deer, wolves, and other wildlife.
- Traffic Hazards: Potential collisions with careless drivers or other vehicles on the road.
- Adverse Weather: Wind, rain, hail, sleet, snow, extreme cold, heat, rare lightning events, landslides, and potential falling trees.
- Failure to Follow Instructions: Ignoring safety guidelines provided by the guide/driver.
- Failure to Remain in the Vehicle or on the Designated Route: Any deviation from the guide’s instructions increases personal risk.
Fitness and Health, and Tour Completion Policy - I understand that other guests on the tour may have different health conditions. If a participant is injured, unwell, or unable to complete the tour, the guide may adjust the itinerary or return to port or a medical facility as necessary.
- In the spirit of keeping everyone healthy, if I am sick or showing signs of being sick, I may be denied entry on this tour without any reimbursement.
- I acknowledge that this tour and its transportation vehicle are not wheelchair accessible. TONGASS TEAGUE LLChas limited child car seats available. If I require one for a child under 8, I must request it in advance, or my child cannot be transported. Minors under 18 must be accompanied by a parent or legal guardian.
Acts of God and Unforeseeable Events I acknowledge that natural disasters (such as landslides, earthquakes, tsunamis, floods, wildfires, etc.), acts of terrorism, and other unforeseen or man-made events (such as vehicle accidents) are rare but possible. I hereby release and hold harmless TONGASS TEAGUE LLC, its owners, agents, and employees from any liability for injury, loss, or delay—including missed cruise ship departures or other travel disruptions—resulting from such events. COVID-19 Acknowledgment and Assumption of Risk I acknowledge that COVID-19 remains a potential health risk, and neither vaccination nor prior infection guarantees immunity. - COVID-19 is a highly contagious virus that can cause severe illness, hospitalization, or death.
- TONGASS TEAGUE LLC may require masks in transportation vehicles based on seasonal risk levels. Optional masks may be available for those who wish to use them.
- TONGASS TEAGUE LLC cannot guarantee that I will not be exposed to or contract COVID-19 during my tour.
- I understand that a COVID-19 infection may result in unexpected personal expenses, including but not limited to medical care, lodging during a mandatory quarantine, missed flights, or transportation disruptions. I am solely responsible for covering these costs and will reimburse TONGASS TEAGUE LLC for any expenses incurred on my behalf.
By signing this agreement, I acknowledge the potential risks of COVID-19 exposure and voluntarily assume responsibility for any related health issues or expenses. I release and hold harmless TONGASS TEAGUE LLC, its employees, agents, and representatives from any COVID-19-related claims, including those arising from the negligence of TONGASS TEAGUE LLC or its staff. Final Agreement I understand that if any portion of this agreement is found to be void or unenforceable, the remaining sections shall remain in full effect. No additions, deletions, or changes may be made to this form, and signing it is required for participation in the tour. I have read, understood, and voluntarily agree to this waiver in full. By signing, I acknowledge that I assume all risks associated with this activity.
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