Participant Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement—Anchorage Snowmobile Club
In consideration of the services of Anchorage Snowmobile Club, its agents, operators, officers, directors, volunteers, independent contractors, employees, instructors, related and subsidiary clubs, sponsors, vendors, insurers, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “ASC”), I hereby agree to release and discharge ASC on behalf of myself, my parents, my heirs, assigns, personal representative(s) and estate as follows:
Inherent Risks: I acknowledge that outdoor and wilderness pursuits, such as snowmobiling, hiking, digging, and camping entail known, unknown, and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, 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 activity of snowmobiling. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety and injury may still occur. I understand the nature of this release is to eliminate liability of ASC for acts of negligence related and unrelated to the inherent risks of snowmobiling and outdoor pursuits.
I specifically acknowledge that the inherent risks associated with outdoor and wilderness pursuits, such as snowmobiling, hiking, digging, and camping includes but is not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, low hanging branches; forest deadfall; holes and depressions on or beneath the snow surface; variable and difficult snow conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams, creeks and holes in the snow pack above stream or creeks; cliffs; crevasses; winter travel on backcountry roads; road-banks and cut-banks; impact or collision with other snowmobiles and vehicles, becoming lost or separated from guides, a group or other participants; mechanical failure of snowmobiles and related equipment; extreme and rapidly changing weather conditions; encounters with wildlife including bears and moose; avalanches; the failure to operate a snowmobile safely or within one’s own ability; negligence of other snowmobilers and other persons including ASC’s agents, operators, officers, directors, volunteers, independent contractors, employees, and instructor. There are many unknowns when snowmobiling: what is under the snow and ice is rarely known and poses a substantial inherent risk. By participating in an ASC activity you acknowledge and accept the risk.
Riding is not the only danger posed when snowmobiling. Your snowmobile may become stuck requiring you and other to dig it out or otherwise get it unstuck. Overexertion, improper lifting technique, ignoring safety precautions, failing to follow instructions, slips and falls, unfamiliarity with the equipment or terrain, equipment failure, failure in supervision/instruction, inclement weather and other risks inherent to the particular activity exist. I further warrant that participating in such outdoor and wilderness pursuits, such as snowmobiling, hiking, digging, and camping I am physically capable of doing such. The risks also include, but are not limited to, falls and impacts which can result in serious injury, paralysis or death; equipment failures, fire, frostbite, hypothermia, strains and sprains; aches and pains; risks caused by the use of groomed and ungroomed trials, temperature, level of hydration, equipment, and actions of other people including, but not limited to, fellow participants ASC’s agents, operators, officers, directors, volunteers, independent contractors, employees, and instructor, and other riders on the trail. I understand that participation specifically involves the inherent risks of death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks and injury to bones, joints, or muscles. I represent that I am voluntarily observing or participating in ASC activities and using ASC equipment with full knowledge of all potential dangers involved therein. I further understand that the ASC is not responsible for the care of the trial or any snowmobiles. I am assuming full responsibility for myself and all of the activities in which I choose to engage during my time with ASC.
I specifically acknowledge that the inherent risks associated with outdoor and wilderness pursuits, such as snowmobiling, hiking, digging, and camping includes, but is not limited to: injuries or property damage sustained while loading and unloading machines, falling off of the machine, being thrown from the machine in a violent manner, colliding with trees, moose, and other riders, the possibility that I will be jolted or jarred or bounced or thrown to and fro or shaken about while riding, impacting the ground or other objects, equipment failure, mechanical devices failing or being improperly used, improperly maintained equipment which may or may not belong to ASC, general slips/trips/falls/collisions or painful crashes while riding or generally riding beyond my or another participants’ limits, the negligence of other riders on the trail or ASC Members or instructors or participants who may be present, mine or others’ failure to follow the rules of the ASC, my own negligence or inexperience, dehydration or exhaustion or cramps or fatigue - some or all of which may diminish my or the other participants’ ability to react or respond.
I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in any or all of the activities associated with or provided by the ASC. I also acknowledge that I have the responsibility to inspect any and all equipment to be used and to immediately advise ASC of anything which I consider to be unsafe or to refuse to participate. I acknowledge that my time participating in ASC events/activities may require me to use technical equipment (IE – snowmobile, winch, shovel, helmet, distress beacon, snowmobile suit, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by ASC. I agree this is a conspicuous and unequivocal statement of the risks. Furthermore, ASC instructors, employees, volunteers, agents or others have difficult tasks to perform. They seek safety, but they are not infallible. They might be ignorant of mine or another participant’s fitness or snowmobiling abilities. They may give inadequate warnings or instructions, and the equipment they use or recommend or provide to me might malfunction or be poorly maintained. 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 ASC is done at my own peril and is not condoned, encouraged or excused by ASC in any way. I understand that the ASC 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. Snowmobiles and alcohol do not mix!
I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my use of or participation in ASC facilities, equipment, rides, camps, or activities.
Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. This means I am not just assuming the inherent risks of the activity but rather that I am assuming all of the risks of the activity, even if they are not expressly stated in this document. My participation in this activity is purely voluntary, and I elect to participate in spite of the high level of risk. 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. This is a purely voluntary unnecessary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks
whether they are known or unknown to me is intended to defeat all claims I might have against ASC.
Release and Waiver of Rights Including for Claims of Negligence I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASC 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 ASC equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of ASC. What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against ASC sounding in negligence. I agree that the specific risks of death, paralysis, or other injury or other property damage are clear and unambiguous to me and that, even if a specific mechanism of injury is not listed in this document it is my express agreement not to hold ASC liable for negligence related to my death or injury or any other form of damage.
Indemnity Should ASC or anyone acting on their behalf, be required to incur attorney’s fees, expert witness fees, and costs to enforce this agreement, I agree to indemnify and hold them harmless (in other words, I agree to pay for, in there entirety…) for all such fees and costs.
Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in ASC activities. 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 otherwise operate a snowmobile. 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.
Medical Issues I further agree that, in the event that the ASC deems it necessary to administer emergency first aid, CPR or AED or to remove me from the trail or activity to seek emergency medical care for me that, by signing this document, I am giving ASC permission to: activate any emergency transponder or distress beacon and administer emergency first aid or CPR or AED, 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. By signing this document I am waiving any right to object to or bring any type of action or claim against ASC for its administration of emergency first aid or CPR or AED, 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 the ASC.
Photographic Assignment I understand that the ASC reserves the right to take photographic or film (of whatsoever nature) records of any or all of the activities conducted during its rides, outings, activities, events, as well as transportation to and from rides, outings, activities, events and I hereby agree that the ASC may use such records for promotional 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 the ASC.
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 it of my own free will. I expressly agree and acknowledge that this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement will apply to each and every time I attend or participate in an ASC activity for a period of one year from the date of my signature below. I agree and 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 the ASC. The consideration for the agreement is the payment of dues in exchange for the expertise and comradery offered by ASC and the ability to participate in their activities.
Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against ASC. I agree to do so solely in the District Court, Third Judicial District at Anchorage in the State of Alaska. I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and 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 District 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 or electronic version of this release contract can be used as if it were the original. I understand that this document constitutes the entire Agreement/Contract between myself and ASC. 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 or killed or property is damaged during my participation in ASC activities, I may be found by a court of law to have waived my right to maintain a lawsuit against ASC.
I HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (All 4 Pages). I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.