1. Although South Passage Outfitters LLC has taken reasonable steps to provide you with safe and well-maintained equipment, we wish to remind you that this activity is not without certain known and unknown risks. The same elements that contribute to the unique character of this activity can be causes of loss or damage to equipment, accidental injury to participants, illness, or in extreme cases, permanent injury or death. We do not want to frighten you or reduce your enthusiasm, but we know it is important for you to know in advance what to expect and to be informed of the inherent risks. THE FOLLOWING DESCRIBES SOME BUT NOT ALL OF THOSE RISKS: boat capsize; equipment failure and/or loss; loss of food and water stores; tidal conditions and currents; travel in remote areas; collision with objects or other water craft; lack of fuel; difficult navigation; prolonged exposure to cold water; hypothermia; accidental drowning; mental anguish or trauma; illness and/or injury in remote areas; lack of prompt medical assistance; adverse weather conditions; exposure to sun, strong winds, cold, storms, large waves and wakes, eddies and whirlpools, and lightning; aggressive and/or poisonous land and marine life; fatigue; wrist, arm, shoulder, and back injuries; and rapidly changing weather and water conditions. Brown Bear, Black Bear, Wolves and other dangerous animals also inhabit land areas and dangerous marine mammals such as Humpback Whales, Orca Whales, Stellar Sea lions, and other inhabit the waters where I will sail. Poisonous gasses may be produced by outboard engines, wood stoves, and camp stoves.
2. I understand and acknowledge the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated may also result in bodily injury, death, illness or damage to myself, to my property or to others. I expressly accept those risks not specifically listed above as well. My participation in this activity is purely voluntary, no one is forcing me to participate and I elect to participate in spite of the risks.
3. Before departing on any kayak, skiff, or other vessel provided by South Passage OutfittersLLC, I will carefully examine it for seaworthiness and assure that it is fully fit for my intended use of it. I will carefully examine any other equipment I am using owned by South Passage Outfitters LLC and assure that it is fully functional for my intended use of it. I will familiarize myself fully with the waters in which I intend to sail and the shores on which I intend to land. By accepting and using vessels and equipment rented I am expressly agreeing that I have fully accepted the vessels and equipment, that the vessels are seaworthy and equipment is fit for its intended purpose. I expressly agree to accept and assume all responsibility and risk arising from my use of vessels and equipment provided by South Passage Outfitters LLC and from the risks inherent in boating, traveling, and camping in the Gull Cove and Elfin Cove areas.
4. I agree to hold harmless and indemnify South Passage Outfitters LLC, their owners, agents, and employees for all losses, damages, defense costs, attorney fees and any other costs incurred in connection with claims for bodily injury or property damage related to the use of this equipment and property.
5. I hereby voluntarily release and forever discharge South Passage Outfitters LLC from any and all liability, claims, demands, attorney fees, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this activity and with the installation, maintenance, selection, adjustment and/or use of this equipment and property including specifically but not limited to the negligent acts or omissions of South Passage Outfitters LLC for any and all bodily injury, death, illness or damage to myself or to my property.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I have made no misrepresentations to South Passage Outfitters LLC regarding my height, weight, age, physical or mental condition, experience or skill.
8. In the event that I file a lawsuit against South Passage Outfitters LLC, I agree to do so solely in the State of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of Alaska.
9. Should it become necessary for South Passage Outfitters LLC, or someone on South Passage Outfitters LCC’s behalf to incur attorney’s fees and costs to enforce this agreement, I agree to pay South Passage Outfitters LLC reasonable costs and fees.
I, THE UNDERSIGNED, HAVE CAREFULLY READ, UNDERSTAND, AND AGREE TO THE CONDITIONS OF THE ABOVE RELEASE AGREEMENT.