In consideration of the services of Points North Heli-Adventures, Inc., including its shareholders, directors, contractors, agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on its behalf (collectively, "PNH"), I (“Participant”) hereby agree to release, indemnify, and discharge PNH, on behalf of myself and others on my behalf, including but not limited to my spouse, children, parents, heirs, assigns, personal representative, and estate as follows: 1. REPRESENTATIONS, WARRANTIES, AND ASSUMPTION OF RISKS. I acknowledge that my participation in activities offered by PNH including but not limited to: bike rides, glacier tours, adventures on Cordova trail system, sea kayaking, ski/spilt-board touring, e-foiling, swimming, speed riding, ice climbing, skiing, snowboarding, any heliassisted activities, hiking, any backcountry activities, and transporting from activities entails known and unanticipated risks that could result in serious injury, illness, emotional distress, paralysis, death, or damage to myself, to property, or to third parties’ body or property. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this voluntary yet inherently risky activity. The risks include, but are not limited to: slips; falls; my own physical condition; physical exertion; drowning; bicycle accidents; collisions with vehicles, people, or objects; hidden and nonhidden obstacles by snow including crevasses; ice and snow cornices; cliffs; tree wells; tree stumps; creeks rocks; boulders; loss or damage to equipment; being lost or separated from guides or companions; rugged terrain; bad weather; overnight exposure; exposure to temperature and weather extremes which could cause cold shock, hypothermia, hyperthermia, heat exhaustion, sunburn, dehydration, frostbite, acute mountain sickness, cerebral or pulmonary edema and other life threatening conditions; potentially dangerous wild animals, insect bites, and hazardous plant life; transmissible pathogen or disease; acts or omissions by participants or other persons who may be present; collision with other people, equipment, manmade or natural obstacles; major injuries are at risk including leg, arm, shoulder, head, neck, and back injuries; natural forces including steepness of slopes, snow depth, instability of snowpack or varying and difficult weather and snow conditions; avalanches or sluff from excess amounts of snow coming down the mountain; improper use, fit or failure of safety and recreational gear and equipment supplied or not supplied by PNH; use of a helicopter which has dangerous spinning rotors including embarking/disembarking the helicopter; and other exposure related conditions. Communication in this distant terrain is always difficult, and in the event of an incident, rescue and medical treatment may not be immediately available, which may worsen the conditions or outcomes. Helicopter and other transportation, including mechanical failure an operational error, have increased risks, especially in mountainous areas and in winter weather conditions. PNH personnel have difficult jobs. PNH seeks safety, but they are not infallible. PNH makes no representations or insinuations of standards of safety or maintenance. PNH might be unaware of a participant's fitness or abilities or other factors. PNH might misjudge conditions, including but not limited to weather, environmental factors, and terrain (i.e., likelihood of avalanche). PNH may give incomplete warnings or instructions, and the equipment being used might malfunction. I expressly agree and promise to accept and assume all risks. I agree to wear a U.S. Coast Guard-approved personal flotation device (life jacket) for water activities, and a properly fitted and secured certified helmet while using a bicycle. 2. RELEASE OF LIABILITY. To the fullest extent permitted by law, I hereby release and forever discharge PNH from any and all liability, claims, or demands related to any of my participation in activities with PNH, including but not limited to negligence, gross negligence, or omissions of acts of negligence. I acknowledge that the release of liability is not counter to public policy because I want to voluntarily participate in these non-essential yet high-risk recreational activities. I understand that negligence includes failures on the part of PNH to take reasonable steps to safeguard or protect me or warn me of risk, dangers, or hazards. 3. VOLUNTARY. My participation in this activity is purely voluntary. I elect to participate despite the high risk. PNH does not provide any essential service. I acknowledge that this is not an essential service. 4. WAIVER AND INDEMNITY. I hereby voluntarily release, forever discharge, indemnify, and hold harmless PNH from any and all claims, demands, or causes of action in any way connected to my participation with PNH or my use of PNH's equipment, services, or facilities, including any claims alleging negligent acts or omissions of PNH. If PNH or anyone acting on its behalf incurs attorney's fees and costs to enforce this Waiver, then I will reimburse all such fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or sustain while participating, or else I agree to bear the costs personally. I waive any claim that I may have had or may in the future have against PNH due to any cause of action, including negligence, breach of contract, or breach of a waivable statutory duty. I AM ULTIMATELY RESPONSIBLE for my own safety at PNH. 5. GENERAL. In the event of any litigation related to my participation with PNH, I agree to do so solely in and governed by the State of Alaska, without regard to any conflict of law rules, and the venue shall be the Third Judicial District. If any portion of this Waiver is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Waiver is the entire agreement, and no verbal promises have or can be made. I WAIVE ANY RIGHT TO A TRIAL BY JURY. 6. CONSENT TO MEDICAL CARE. In the event of medical treatment (emergency or non-emergency), I authorize PNH and any third-party personnel, whether licensed or not, to provide medical care, including transportation, first aid, anesthesia, and surgery. I agree to hold harmless PNH and other administering parties for any such care. By signing this Waiver, I agree that this Waiver is valid for past and future participation at PNH. 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. I hereby sign this Waiver VOLUNTARILY:
|
