Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement Alaska Trail Guides
In consideration of the services of Alaska Trail Guides and their individual and collective agents, owners, officers, volunteers, sponsors, parent or subsidiary corporations, employees, contractors and subcontractors, sales agents and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “A.T.G.”), I hereby agree to release and discharge A.T.G. on behalf of myself, my parents, my children and/or grandchildren, my legal and personal partners, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that bicycling or sightseeing trips entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to me, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities of a bicycling or sightseeing trip. I also understand and acknowledge that, while a condition of my participation in or use of the A.T.G. bicycles is that I wear a helmet, failing to use or properly use safety type equipment provided increases my risk of injury or of not surviving an accident or incident while riding and A.T.G. is not responsible for anything that might result from my failure to use or properly use any safety type equipment.
I acknowledge that bicycling or riding and all other activities, hazards and exposures associated with the A.T.G. bike courses or adventure rides involve inherent risks which specifically include, but are not limited to the following: Bicycle operation or riding may involve equipment failure or the improper operation or use of the bike by the participant. This improper operation or use may include, but is not limited to: the failure to observe and obey all trail, traffic or course safety rules or instructions given to the participant by A.T.G., the participant failing to be alert to other bikers or other forms of oncoming or following traffic, excessive speed, a participant or rider exceeding or over judging his or her abilities (over confidence), a participant or rider placing his or her feet on the ground while the bike is in motion, participants riding side by side on roads and participants failing to keep proper distance between bicycles (“tailgating”) or a participant failing to see or avoid open and obvious obstacles such as signs, poles, trees, surface hazards such as potholes or rocks/sand or unpaved areas or water on the roads, broken pavement, other participants or pedestrians, vehicles, etc. I acknowledge that the areas used by A.T.G. for the bike courses, routes or include beautiful mountain, marine and muskeg meadows scenery which may cause me to lose my concentration and/or simply not pay attention. I acknowledge that it is my sole responsibility to observe and keep myself familiar with and aware of the A.T.G. bike course or route and where the guide is traveling so that I do not become lost or separated from the guide, my companions or other participants. I acknowledge that communication in the areas used by A.T.G. for its biking routes can be difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that riders and participants can be jolted, jarred, bounced, thrown to and fro and shaken about during rides through rough areas. Participants can slip, trip or fall during trail hiking or time off the bicycles. Accidents can occur getting on and off the bicycles. Bicycles are slippery when wet. Exposure to the natural elements while participating in a A.T.G. bike ride can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, or even hypothermia. I acknowledge that I may encounter rapidly changing weather, dangerous wildlife, insects, etc. As in all activities which are part of the A.T.G. bike courses, routes or adventure rides, A.T.G. or its staff may misjudge some of these issues.
Further, I may encounter: the negligence or mis-behaviors of other visitors or participants who may be present, participants giving or following inappropriate advice, mine or others’ failure to follow the rules of A.T.G. and/or my own negligence or inexperience, some or all of which may diminish my or the other participants’ ability to react or respond. I acknowledge the responsibility to carry my own necessary medications and my own responsibility to be able to administer these medications. I acknowledge and agree that A.T.G. is not a “common carrier” but rather is in the business of providing bicycling and sightseeing tours. Transportation to and from activities or areas is incidental to the activity.
Furthermore, A.T.G. guides/staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and may be made based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in the activities associated with or provided by A.T.G. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used and to immediately advise A.T.G. of anything which I consider to be unsafe or to refuse to participate. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the A.T.G. is done at my own peril and is not condoned, encouraged or excused by A.T.G. in any way. I understand that the A.T.G. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.
By signing this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement, I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in any and all A.T.G. activities. With knowledge of all these issues:
2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless A.T.G. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of A.T.G.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of A.T.G. (‘A.T.G.’ being its employees and those defined in the opening paragraph of this document).
4. Indemnity Should A.T.G. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement or defend against lawsuits or claims brought by me, I agree to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered by A.T.G. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself.
6. Medical Issues I further agree that, in the event that A.T.G. deems it necessary to administer emergency first aid or CPR or to remove me from its activities or premises or from the field or to seek emergency medical care for me that, by signing this document, I am giving A.T.G. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the field. By signing this document, I am waiving any right to object to or bring any type of action or claim against A.T.G. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health-related person who becomes involved in my care or removal from A.T.G. activities or the field.
7. Photographic Assignment I understand that the A.T.G. reserves the right to take photographic or film (of whatsoever nature) records of any or all activities and I hereby agree that A.T.G. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by A.T.G. I agree and acknowledge that A.T.G. cannot control media or photographic images of me that may be generated or disseminated by other participants or third parties.
8. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing this contract of my own free will. I expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with A.T.G. I expressly represent that I have the personal capacity to sign this document on behalf of myself and on behalf of any children or grandchildren for whom I am signing and if I lack capacity I agree to indemnify and hold harmless A.T.G. from all claims which are brought by, or on behalf of Minor.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against A.T.G., I agree to do so solely in the Third Judicial District of 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 that state. I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original. I understand that this document constitutes the entire Agreement/Contract between myself and A.T.G. 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 document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge that if anyone is hurt, killed or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against A.T.G. on the basis of any claim from which I have released them herein.
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.
