WARNING: There are significant elements of risk in any activity associated with activities on improved or unimproved land in remote areas, including but not limited to, operating chainsaws and cutting devices, riding ATVs, off-roading in 4x4 or off-road track vehicles, hiking, hunting, trapping, snow machining, berry picking, bicycling, camping, fishing, hunting, skiing, sledding, swimming, wilderness lodges, and the presence or use of animals, watercraft, firearms or other weapons and the use of any related equipment (referred to herein as "Activity" or “Activities”). Although by executing this Agreement you are agreeing to use all proper safety precautions and equipment, Toghotthele Corporation (“Toghotthele”) wishes to remind you that this Activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of the Activity can be causes of loss or damage to your equipment, and may cause economic losses, accidental injury, illness, or in extreme cases, permanent injuries or death. Toghotthele does not intend to frighten you or to reduce your enthusiasm for the Activity. But it is important for you to know in advance what to expect and to be informed of the inherent risks.
AGREEMENT REGARDING ACCESS TO TOGHOTTHELE LANDS: By entering onto Toghotthele’s lands, you, for yourself and any minor children for whom you are a parent, legal guardian, or otherwise responsible, agree to (1) observe and comply with all federal, state and local laws; (2) use all proper safety equipment and procedures appropriate to the Activities in which you plan to engage; (3) refrain from littering, damaging, defacing, or destroying Toghotthele’s lands, buildings, structures, and other improvements; (4) refrain from using excessive speed or taking unnecessary risks while engaging in Activities on Toghotthele’s lands; (5) obtain any permits required by Toghotthele relating to the Activities; (6) obey all signs posted upon Toghotthele’s lands; and (7) comply with any and all Toghotthele policies related to access to and participation in Activities on Toghotthele’s lands. You further acknowledge and agree that Toghotthele, in its sole discretion, may deny you and any person access to its lands and that Toghotthele has the absolute right to remove any person from its lands in Toghotthele’s sole discretion for any reason.
ACKNOWLEDGEMENT OF RISKS: I, for myself and any minor children for whom I am a parent, legal guardian, or otherwise responsible, acknowledge that the following describes some, but not all, of the inherent risks associated with the Activity: (1) changing water flow, tides, currents, wave action and ships' wakes; (2) collisions with other participants in Activities; (3) collisions with trees, rocks, boulders, submerged objects, and other manmade or natural objects; (4) an "act of nature" which may include avalanche, rock fall, inclement weather, thunder & lightning, severe and/or varied wind, wind shear, temperature or weather conditions; (5) my sense of balance, physical coordination, ability to operate equipment, and physical condition; (6) risks typically associated with outdoor activities including change in water flow or current; submerged, semi-submerged and overhanging objects; collision, capsizing, or sinking of watercraft or other hazards which result in wetness, injury, exposure to the elements, hypothermia, and/or drowning; (7) getting in or out of water craft, ATVs, and other motorized vehicles; (8) travel, including travel to or from the Activity; (9) attack by or encounter with insects, reptiles, or animals; (10) equipment failure and/or operator error; (11) cold weather and heat related injuries and illnesses including frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration; (12) fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident; (13) falling; (14) risk associated with crossing, climbing or down climbing of rock, snow and/or ice; (15) discharge of weapons; and (15) accidents or illnesses occurring in remote places where there are no available medical facilities. I understand that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, economic loss, or death.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I am aware that the Activity entails risks of injury or death to me and to my minor children for whom I may be responsible. I agree to assume responsibility for the risks identified herein and for those risks not specifically identified. My/our participation in the Activity is purely voluntary. No one is forcing me/us to participate, and I/we elect to participate in spite of the risks. I am (we are) physically and mentally capable of participating in the Activity and/or safely using any equipment and safety devices associated with the Activity. I assume full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck, and/or spinal injuries; animal or insect bite or attack; injury caused by discharge of any weapon; shock, paralysis, drowning, and/or death; and any resultant expenses and economic damages from any of the foregoing risks. I also assume responsibility for damage to or loss of my/our personal property as the result of any accident that may occur.
MEDICAL TREATMENT AND INSURANCE: I acknowledge that medical treatment may not be readily available in the event of any injury I or any minor children for whom I am responsible may incur while participating in the Activity and that Toghotthele is in no way responsible for obtaining medical assistance for me/us. In the event medical assistance is available, I authorize the medical care providers to treat me, and any minor children for whom I am responsible. I/we either have appropriate insurance or, in its absence, agree to pay all costs of rescue, evacuation and/or medical services as may be incurred on my/our behalf. I expressly acknowledge and agree that Toghotthele has no obligation or responsibility to carry or maintain any health, medical, disability, damage, or other liability insurance coverage for my benefit or for the benefit of any minor children for whom I may be responsible.
RELEASE/COVENANT NOT TO SUE/INDEMNIFICATION: I, for myself and any minor children for whom I am parent, legal guardian, or otherwise responsible, do hereby completely release, acquit, hold harmless, and forever discharge Toghotthele, its successors, subsidiaries, affiliated companies, employees, officers, directors, members, volunteers, contractors, and other representatives (“Released Parties”) from any and all actions, claims, demands, obligations, causes of action, damages, costs, losses, expenses, attorney's fees, and compensation of any kind or nature whatsoever in any way arising out of or which in the future may result from property damage, economic losses, bodily and personal injuries, illness, and death to me or to any minor child for whom I may be responsible as a result of my/our access to Toghotthele lands and participation in the Activity. This release includes, but is not limited to, all claims or causes of action, whether based on a tort, contract, or any other theory of recovery, which I/we now have or which may hereafter accrue on account of, or may in any way arise out of my/our access to Toghotthele’s lands and participation in, the Activity, including, but not limited to, any and all claims for emotional distress, loss of consortium, loss of companionship, loss of income, bodily or personal injury to me/us or members of my/our family, any wrongful death claim or punitive damages claim, or any other claim that may arise out of or in connection with my/our presence on Toghotthele’s lands and participation in the Activity. I further agree that I will not sue or otherwise make any claim against the Released Parties for any injury or damages that may occur related to my use or presence on Toghotthele’s lands or participation in the Activity. Any lawsuit relating to the Activities or this Waiver and Release of Liability shall only be filed in the state or federal courts situated in the Fourth Judicial District in Fairbanks, Alaska. The provisions of this Waiver and Release are severable such that if any part of this Waiver and Release is found to be void or unenforceable, the remaining provisions shall remain in full force and effect. The provisions of this Waiver and Release are governed by the laws of the State of Alaska without regard to its conflicts of laws principles. I further agree to indemnify, defend, and hold harmless the Released Parties, and to pay all expenses, including damages, actual attorney’s fees, and court costs that the Released Parties may incur as a consequence of any legal action or claim by any person arising out of any injuries or damages caused by me or by any minor child for whom I am responsible.
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