PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS. WARNING PURSUANT TO ALASKA STATUTE §09.65.290, EACH PARTICIPANT IN ANY SPORT OR RECREATIONAL OPPORTUNITY ASSUMES THE INHERENT RISKS IN THAT SPORT OR RECREATIONAL OPPORTUNITY, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND IS LEGALLY RESPONSIBLE FOR ALL INJURY OR DEATH TO THE PERSON AND FOR ALL DAMAGE TO THE PERSON'S PROPERTY THAT RESULT FROM THE INHERENT RISKS IN THAT SPORT OR RECREATIONAL OPPORTUNITY. BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE. “INHERENT RISKS” MEAN THOSE DANGERS OR CONDITIONS THAT ARE CHARACTERISTIC OF, INTRINSIC TO, OR AN INTEGRAL PART OF A SPORTS OR RECREATIONAL ACTIVITY “PARTICIPANT” MEANS THE INDIVIDUAL LISTED ON THIS FORM PARTICIPATING IN ANY ADVENTURE TRAVEL ENDEAVORS, INCLUDING WITHOUT LIMITATION, MOUNTAINEERING, HIKING, BIKING, BOATING, KAYAKING, SURFING, STAND UP PADDLEBOARDING, RAFTING, SAILING, HELICOPTOR AND AIRPLANE TRAVEL, FISHING, HORSEBACK RIDING, SHOOTING OR HUNTING (HEREINAFTER THE “ACTIVITIES”) ORGANIZED BY, WITH OR FOR ALASKA STEALHEAD COMPANY, LLC, A COLORADO LIMITED LIABILITY COMPANY, AND/OR ITS PARENT, ANY SUBSIDIARIES, OR ANY OF ITS OTHER AFFILIATES (COLLECTIVELY THE “COMPANY”). PARTICIPANT UNDERSTANDS AND AGREES THAT TAKING PART IN THE ACTIVITIES FOR ANY PURPOSE CAN BE HAZARDOUS AND PRESENTS A RISK OF PHYSICAL INJURY OR DEATH. Participant acknowledges and understands that the Activities are INHERENTLY DANGEROUS and expressly ASSUMESALL RISKS associated with participation in the Activities, known or unknown, inherent or otherwise; Participant agrees and understands these risks include, without limitation: All Activities – marked and unmarked obstacles, slick or uneven surfaces, varying weather, surface and sub-surface conditions, diminished visibility, dangerous wildlife or sea life, changing natural conditions, strenuous activity, exposure or hypothermia, cerebral and pulmonary edema, collisions, failure of protective barriers or equipment, equipment malfunction or failure to perform according to specifications regardless of reasonable maintenance and use, route selection, natural disasters, criminal activity, terrorism or civil unrest, remoteness of rescue and sharing the venues and facilities of the Activities with people who may or may not be involved in the Activities and may not exercise a reasonable degree of care; exposure to illness, viruses and bacteria; travel or stay in or on unconventional vehicles, aircraft (including float planes, wheeled planes and helicopters), boats and watercraft, snow cats, snow machines, ATVs, side by sides, motorcycles, vans or recreational vehicles and dangers and complications associated with travel and occupancy of each. Mountain Activities – surfaces covered with ice and snow, avalanches, rugged mountainous terrain and cliffs, variations in terrain, bumps, stumps, forest growth and downed timber, scree and talus fields, rocks of various composition and sizes, loose and falling rock, icefall, debris dislodged from above, mass movement of earthen material, high altitude; exposure to carbon monoxide and similar fume or gas exposure. Water Activities – drowning, capsizing, sea life, unanticipated or rapidly changing hydrodynamics, waves, riptides or currents, injuries related to fishing equipment in any manner, wading in rivers, all watercraft including but not limited to Power Drifters, Drift boats, Drift boats with motors, rafts, inflatable kayaks; Activities Involving Weapons – loss of eyesight or hearing, being shot, shooting others, ricochets and other dangers involving weapons, knives, bear spray, firearms or archery equipment which may be carried by Company representatives and or maybe owned by Participant; Activities Involving an Equine – propensity of the equine to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of the equine's reactions, failure of Participant and/or others to maintain control over the equine or not acting within their abilities, the potential for the equine, when frightened or provoked, to divert from its training, to disregard all commands and to revert to its survival instincts, including without limitation: stopping short, rearing, bucking, kicking, biting, erratically changing directions or speed, bolting or running from perceived danger.
There are risks involved in decision-making, including but not limited to the risk that Participant or an Activities outfitter, guide or official may misjudge or lack familiarity with the weather, wildlife, sea life, terrain, snow, climbing or water conditions, route(s), locations, Participant’s abilities, physical limitations, conditioning, locations of others who may or may not be participating in the Activities, complained injury or physical discomfort. Participant accepts and understands these risks, as well as NEGLIGENCE ON THE PART OF PARTICIPANT OR ACTIVITIES OUTFITTERS, GUIDES AND OFFICIALS, INCLUDING THE FAILURE TO SAFEGUARD OR PROTECT PARTICIPANT FROM ALL RISKS, WHETHER OR NOT LISTED ABOVE. Participant acknowledges that: 1) they understand all rules and regulations, if any, of participation in the Activities; 2) they are responsible for reading, understanding and complying with all instruction, policies, documentation and/or signage, including instruction on use of transportation modes, lifts or equipment; 3) they have the physical dexterity and knowledge sufficient to safely load, ride and unload the transport or lifts and to use other Activity-related equipment; 4) they assume the risks of riding the transport, lifts or other equipment and engaging in all activities accessible from the transport, lifts or other equipment; 5) they may encounter snowmobiles, snowmaking, snow-grooming equipment, equines, vehicles, watercraft, aircraft and equipment related to the Activities at any time; 6) falls, collisions and capsizing may occur, and that injuries are a common and ordinary occurrence of the Activities; 7) climbing surfaces are subject to degradation with repeated use; 8) climbing routes may become unstable, impassable and/or dangerous over time; and 9) equipment, including that which is essential for the safety of the Participant, may fail. Participant agrees and understands they may have the OPPORTUNITY TO INSPECT COURSES, EQUIPMENT, ROUTES AND VENUES OF THE ACTIVITIES PRIOR TO PARTICIPATING, where inspection is readily accessible. Regardless of the opportunity to inspect, PARTICIPANT ASSUMES THE RISK OF ALL COURSE, ROUTE AND VENUE CONDITIONS, including but not limited to risks associated with design, construction, layout and/or obstacles. Participant acknowledges and agrees that many of the risks associated with the Activities cannot be mitigated or eliminated without destroying the unique and essential character of the Activities, and that the Activities require a degree of skill, knowledge and familiarity in order to be performed safely. PARTICIPANT, AFTER THEIR OWN PERSONAL ASSESSMENT, REPRESENTS AND WARRANTS THEY HAVE THE REQUISITE SKILL, EXPERIENCE AND ABILITY TO PERFORM THE ACTIVITIES. Participant ASSUMES ALL RISKS associated with participation in the Activities. IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES, PARTICIPANT AGREES TO HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFYTHE COMPANY, its respective insurance companies, successors-in-interest, commercial and corporate sponsors, agents, employees, independent contractors, representatives, assignees, donors, benefactors, members, managers, officers, directors, and shareholders (each hereinafter a “Released Party”) FROMANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant’s participation in the Activities. Participant takes full responsibility for ANY INJURY OR LOSS, INCLUDING DEATH, which Participant may suffer, arising in whole or in part out of the Activities, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. By execution of this release, PARTICIPANT AGREESNOT TO SUE A RELEASED PARTY and agrees they are, to the maximum extent allowed under Alaska or any other applicable law, WAIVING AND RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT against any Released Party. Participant further agrees to defend and indemnify each Released Party for any and all claims of Participant and/or a third party arising in whole or in part from the Participant’s participation in the Activities. Participant agrees to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by or on behalf of Participant (and/or a third party arising in whole or in part from the Participant’s participation in the Activities). PARTICPANT FURTHER ACKLOWLEDGES AND AGREES THAT ALL RELEASES AND WAIVERS HEREIN ARE MADE KNOWINGLY AND INTENTIONALLY BY PARTICIPANT. Participant understands and acknowledges that should they use or provide their own (or third party not contracted by the Company) equipment or vehicles to participate in or travel to or from the Activities, that they do so at their own risk and of their sole choice and that they are solely responsible for their equipment’s or vehicle’s suitability, usability and condition, and hereby assumes all risk associated therewith and releases, indemnifies and holds harmless the Company for any damage to, in, or by their equipment or vehicles or injury to others occurring by use of or travel in Participant’s provided equipment or vehicles. Participant also agree that if the Company adjusts, fixes or otherwise handles their equipment or vehicles in any way, including but not limited to, adjusting, modifying or fixing equipment or vehicles by a Company staff member that is not certified by the relevant manufacturer, that Participant agrees to never sue or file any claim against the Company and will indemnify the Company for any other actions that may arise as a result of any such adjustment, modification, repair or otherwise. Company maintains no ownership of or control over hotels, lodging facilities, airline, helicopter, vessel, bus, van, equine or other transportation companies, local operators, providers or organizers of optional or included excursions or equipment used thereon, food service providers, outfitters or Activity vendors; all such persons and entities are independent contractors. As a result, Company is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Participant hereby waives any and all right to make a claim against Company for its alleged negligent selection of any such independent contractors described herein. Notwithstanding anything herein to the contrary, Company may provide meals provided by third-parties, but which are not prepared and/or cooked by the Company. Participant is solely responsible for notifying the Company of any food related allergies and/or potential adverse circumstances related to food which may be unique to Participant and Participant assumes all risk of confirming the safety of any such food materials prior to ingesting any meals. Participant acknowledges that the Company does not directly provide, sell, or serve alcoholic beverages or marijuana related products to any Participants and that the Company advises against such use and is not responsible or liable for any damages to Participant or third parties that result from the consumption of alcohol and/or marijuana related products by Participant or others, including but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. Should Participant consumer any alcohol and/or marijuana related products any time before, during, or after the pendency of any Activity, Participant acknowledges that Participant is solely responsible for any and all damages suffered by Participant or that Participant may cause to third parties as a result of said consumption to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. Participant’s health is not a limitation or deterrent to participation in the Activities and any special problems associated with Participant’s health condition have been disclosed to Company. Participant: 1) acknowledges medical care in foreign countries and/or remote locations may be extremely costly or non-existent; 2) authorizes a physician, other medical care provider and/or first responder to carry out any emergency medical care; 3) authorizes any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital, regardless of expense, if, in the opinion of such personnel, medical attention is needed; 4) agrees that upon transport to any such medical facility or hospital, if available, that the Released Party shall not have any further responsibility for Participant; 5) agrees to pay all costs associated with the medical care and transportation provided for Participant; and 6) shall indemnify and hold harmless the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation. Participant understands that they are responsible for transporting, storing and administering their own prescribed and over-the-counter medication(s) throughout the duration of the Trip as directed by their physician. It is Participant’s responsibility to understand the information related to their medication(s), including the side effects, prescribed dosage amounts, administration times and procedures, and storage requirements. Participant understands that Company cannot guarantee access to refrigeration facilities nor consistent refrigeration. Under no circumstances will Participant share any of prescribed or over-the-counter medication(s) with any other individual during the Activities or “Trip” nor will Participant request that any other individual share his/her prescribed or over-the-counter medication(s) with them or with any other individual. Each Participant represents that they are insured through a health insurance policy, Medicare, or Medicaid and that they can obtain coverage and treatment for any injury that may result from my participation in the Activities or the Trip through their own health insurance policy, Medicare, Medicaid, or other independent means without recourse from the Company. Participant represents and warrants that such insurance covers the locations of the Activities and the Trip. Participant hereby agrees that in the event Company or its staff, in their sole and absolute discretion, deem Participant unfit to continue a Trip or any Activities due to their skill level, physical fitness, ethical or legal issues, safety issues, disobey of rules, or any other reason that may reasonably constitute cause for the Company, the Company or its staff may immediately terminate Participant’s Trip or Activities at any time without any refund (or a portion thereof), and without any other liability to Participant. Participant agrees that it is solely responsible for any costs incurred by the Company, its vendors or other participants as a result of such behavior and the cost of Participant’s return travel in such event. Participant agrees and understands that THIS RELEASE IS APPLICABLE TO EACH AND EVERY DAY AND EACH AND EVERY ACTIVITY IN WHICH PARTICIPANT ENGAGES FOREVER. Participant irrevocably grants Company, and its designees, the right: 1) of publicity to own and use without compensation any audio/visual content collected of Participant while participating in the Activities; 2) to create derivative works from such audio/visual content; and 3) to refer to Participant by name, and to imply Participant’s endorsement, without compensation, in conjunction with Participant’s participation in the Activities, in any commercial communication or application in use now or developed in the future. Any dispute, controversy or claim arising under, out of, or in connection with the Activities, this Release, a Company trip, and any other policies, terms, conditions or agreements, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration in accordance with the procedures set forth in the Terms. In consideration of allowing Participant to participate in the Activities, PARTICIPANT AGREES THAT ANY AND ALL CLAIMS for injury and/or death regarding an alleged incident SHALL BE GOVERNED BY ALASKA LAW and, the SOLE and EXCLUSIVE JURISDICTION of any claim shall be in District Court in Denver, Colorado for any action to confirm or review the arbitration. Participant waives any and all rights to bring suit in any other jurisdiction or forum, whether in the United States of America or elsewhere. PARTICIPANT UNDERSTANDS AND AGREES THAT THE RELEASED PARTIES HAVE RELIED ON PARTICIPANT’S EXECUTION OF THIS RELEASE WITHOUT INDUCEMENT IN ORDER TO TAKE PART IN THE ACTIVITIES; PARTICIPANT ACKNOWLEDGES BUTFOR SUCH EXECUTION, PARTICIPANT WOULD NOT HAVE BEEN PERMITTED TO TAKE PART IN THE ACTIVITIES. This release shall be binding to the fullest extent permitted by applicable law. If any term of this release is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. If, moreover, any one or more provisions contained in this release shall for any reason be held excessively broad, it shall be construed by the applicable court by limiting and reducing it, so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of Participant. I, THE PARTICIPANT, HAVE HAD SUFFICIENT TIME TO CAREFULLY READ THE FOREGOING LIABILITY RELEASE. I UNDERSTAND ITS CONTENTS COMPLETELY, AND I SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I AM AWARE I AM RELEASING CERTAIN LEGAL RIGHTS THAT I MAY OTHERWISE HAVE. I UNDERSTAND AND AGREE THAT BY SIGNING THIS RELEASE, I AM RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY TO THE MAXIMUM EXTENT ALLOWED UNDER ALASKA LAW. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ANY AND ALL CLAIMS THAT MAY ARISE FROM ME, AND/OR ANY THIRD PARTY, FROM MY PARTICIPATION IN THE ACTIVITIES.
I understand and acknowledge that under the Uniform Electronic Transactions Act (UETA), or its state law equivalent, and under the Electronic Signatures in Global and National Commerce Act (ESIGN), by applying my electronic signature to this agreement, I am creating a legally enforceable agreement. I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I: 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract.
COVID-19 ADDENDUM I, Participant, acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that the Company has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge the Company cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company staff, and Company clients and their families. I voluntarily seek services provided by the Company and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while participating in the Activities. I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. I will notify the Company if I do experience any such symptoms.
* I have not traveled internationally within the last 14 days prior to the Activities.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days prior to the Activities.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19. To the fullest extent permitted under Alaska law, I hereby release and agree to hold the Company harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the Company, or that may otherwise arise in any way in connection with any services received from the Company to the extent that such matters pertain to Covid-19 or other illness and disease . I understand that this release discharges Company from any liability or claim that I, my heirs, or any personal representatives may have against the Company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from the Company to the extent that such matters pertain to Covid-19 or other illness and disease.
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