In consideration for my being permitted to participate in the T- Dog Races, a 200 mile, 135 mile and 50 mile dog mushing, skijoring, bikejoring, skiing and biking event from Minto to Manley to Nenana to Fairbanks with checkpoints and festivities (the “Event”), as a driver, musher, handler, owner, attendant, or in any other capacity, I hereby agree to release and hold harmless Trail Breaker Kennel, LLC and T-Dog its members, managers, employees, agents, affiliates, volunteers, and their successors and assigns (collectively referred to as “TBK”) as follows: 1. Inherent Risks. I am duly aware of and understand the risks, dangers, and hazards inherent in participating in the Event. I understand that my participation in the Event carries with it the risk of loss, damage or injury, including death, that may be sustained by me, and the loss or damage of my property. The risks, dangers, and hazards include, but are not limited to, unpredictable weather, wildlife encounters, all types natural and man-made obstacles and situations, thin ice, open water, overflows, actions of other people including, but not limited to, participants and their dogs, handlers, volunteers, and spectators.
2. Express Assumption of Risk. I EXPRESSLY ACCEPT AND ASSUME ALL THE RISKS EXISTING IN THE EVENT. This means I am not just assuming the inherent risks of the Event but rather that I am assuming all of the risks of the Event, even if they are not expressly stated in this document, relating in any manner whatsoever to the Event and my participation in the Event, including any pre-Event or post-Event activities. My participation in the Event is purely voluntary, and I elect to participate in spite of the risks.
3. Release and Waiver of Rights. I hereby release TBK of and from any and all liability, claims, demands, actions, and causes of action whatsoever, of every kind and nature, whether arising out of contract, tort, statute, or otherwise, in law or in equity, including all claims for negligence (passive and active), carelessness, recklessness, and strict liability, and all manner of damages or recovery whatsoever, including compensatory, special, liquidated, and punitive damages, loss of consortium, penalties, costs, expenses, and attorneys’ fees, arising out of or related in any manner whatsoever to any loss or injury, including death, that may be sustained me or any of my property, relating in any manner whatsoever to the Event and my participation therein, including any pre-Event and post-Event activities.
4. Indemnity and Hold Harmless. I agree to indemnify, defend, and hold TBK harmless from and against any and all claims arising out of or related to my acts or omissions and that of my dogs, handlers, employees, volunteers, and agents, and from any and all costs, attorneys’ fees, expenses, and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon.
5. Binding Effect. I agree that this Agreement is and will be legally binding upon me personally, all members of my family, all minors on whose behalf I am signing, and my and their heirs, successors, assigns, and legal representatives.
6. Photographic Assignment. I agree that TBK may photograph or film me in connection with the Event and TBK may use such images for promotional or other commercial purposes without renumeration to me.
7. Forum Selection, Severability, Entire Agreement. I agree that Alaska law applies to this Agreement and any dispute will be resolved in the state court located in Fairbanks, Alaska. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. An electronically signed version of this Agreement can be used as if it were the original. I understand that this document constitutes the entire agreement between myself and TBK and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this Agreement.
IMPORTANT NOTE: BY SIGNING THIS AGREEMENT I AM RELEASING ALL CLAIMS I MIGHT HAVE IN THE FUTURE RELATING TO THE EVENT, EVEN THOSE FOR DAMAGES AND INJURIES WHICH MAY BE CAUSED BY THE SOLE NEGLIGENCE, CARELESSNESS OR FAULT OF TBK.
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