MATANUSKA-SUSITNA BOROUGH
350 East Dahlia Avenue • Palmer, AK 99645
Phone (907) 861-7801 http://www.matsugov.us

I agree to participate in the activities of the Trail Care Program
as a member of the organization listed below and organized by the
Matanuska-Susitna Borough at the specified location during the year.
I know of no physical or health limitations preventing me from safely
participating in these activities.

Inherent risks: I specifically acknowledge that even by abiding by all of the safety rules and procedures of the program, there are inherent risks and dangers involved in physical activities and specifically the Trail Care Program activities. These entail known and 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 purpose of this type of activity entails inherent risks created by an activity beyond the normal safety of life at home, work, or in my normal day to day activities. I understand that such risks simply cannot be eliminated without making it impossible to perform the trail care activities. When provided, the safety gear I have been provided by the Borough 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 further specifically acknowledge that the inherent risks associated with trail care activities, include, but are not limited to: falling, slipping, tripping, scraping body parts; broken bones, sprains, strains, or other joint injuries; being injured by other participants, animals, bugs, or vegetation; uneven terrain, rocks, boulders, roots, and trail hazards; my poor or improper clothing; equipment failure; improperly maintained equipment which may or may not be owned by the Borough, or any other entity or participant; participating beyond my or another participants' limits, the negligence of other participants, observers, agents of the Borough; participants giving or following inappropriate guidance from others in area or the Borough agents; mine or others' failure to follow the rules set forth for each individual activity, my lack of physical fitness for the particular activity, my use of my body to attempt activities beyond its capabilities, 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.

Other inherent risks of the trail care activities and other associated activities involved, include but are not limited to: drowning, any other water injury, the risk of physical injury, infection, loss of life, diseases resulting in injury or death due to contact with items I may encounter, as well as domestic and wild animals, insects, vegetation, over-exertion, environmental conditions, weather conditions, other people, and vehicles.

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 Borough. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used, and to immediately advise the Borough of anything which I consider to be unsafe. Furthermore, Borough employees, volunteers, agents or others have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of my or another participant's knowledge, judgment, or abilities. They may give inadequate warnings or instructions, and the equipment on site whether owned by the Borough or other parties might malfunction or be poorly maintained. I understand that some of these activities may take place on property not owned or maintained by the Borough and the Borough, its employees, volunteers, and agents may be unaware of any hazards that may be encountered during the trail care activities.

I understand that the Borough 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, unable to safely participate, or unprepared.

I understand that there are risks and dangers involved in all associated activities involved in the Trail Care Program. On behalf of myself, I freely assume those risks and acknowledge that I have been advised of these risks by virtue of this release. I understand that other people or participants in event may cause injury to me, my family, or other persons on the way to/from or while attending any trail care activities, whether an active participant or observer. Further I understand there is absolutely NO guarantee of my safety.

I expressly agree and promise to accept and assume all the risks existing in the
premises, facilities, my safety equipment or clothing, or activities involved or associated in any way with the Borough and/or my participation with or at the Borough facilities, equipment, or activities. My participation in these activities and at these locations is purely voluntary. No one is forcing me to participate, and I elect to participate in spite of the risks. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in the Borough Trail Care Program activities.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Borough from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of any equipment, rentals or facilities, including any such claims which allege negligent acts or omissions of the Borough. On behalf of myself, I agree to waive and release any and all claims which may now or hereafter exist against the (i) Matanuska-Susitna Borough; (ii) its owners, agents, delegates or employees; and (iii) the organization(s) or individuals sponsoring, volunteering, or otherwise involved with this event, even if those listed here are or have been negligent (collectively the "Indemnified Parties"). This agreement shall be binding upon me and my heirs, personal representatives, and assignees.

Should the Borough or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless (in other words, I agree to pay for) for all such fees and costs.

I certify that I have sufficient health and fitness to participate in the activities offered
by the Borough. 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.

I further agree that if the Borough or any event participant deem it necessary to administer emergency first aid, CPR or AED or to remove me, from its facility or premises or to seek emergency medical care for me that, by signing this document, I am giving the Borough permission to: 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 or removal from the area. By signing this document I am waiving any right to object to or bring any type of action or claim against the Borough 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 area.

I understand that the Borough reserves the right to take photographic or film (of whatsoever nature) records of any or all the activities conducted during its activities, and I hereby agree that the Borough 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 all media in which my likeness might be used by the Borough.

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 the entirety of these events. 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 Borough.

In the event I file a lawsuit against the Borough. I agree to do so solely in the State of Alaska, Third Judicial District, Palmer, and 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 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 were the original.

In consideration of the above on behalf of myself, I hereby release the Indemnified Parties from all liability for damage and injury to myself or to any person or property resulting from participation in the trail care activities, including any acts of negligence.

I AGREE THAT I AM ULTIMATELY RESPONSIBLE FOR MY OWN SAFETY AND AGREE THAT I AM FULLY AND COMPLETELY RESPONSIBLE FOR ANY AND ALL SUCH DAMAGE, INJURY OR DEATH THAT MAY RESULT.

I have made no misrepresentation to the providing organization with regard to any information that they have requested of me related to the terms and conditions.

I understand that this document constitutes the entire Agreement/Contract between myself and the Borough, 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 Borough activities, I may be found by a court of law to have waived my right to maintain a lawsuit against the Borough on the basis of any claim from which I have released them herein.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (All Pages).

I HAVE READ AND UNDERSTAND IT. AND I AGREE TO BE BOUND BY ITS TERMS.

PLEASE PRINT CLEARLY

I have read and understand the rules and procedures, agreement, and release above and agree to be bound by its terms.

I understand that I am responsible for the safety of any minor that I arrange to accompany me/participate in this program. I represent that I have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed below; I believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I understand and acknowledge that the Borough relies to its detriment on this representation. In consideration of my child or ward ("Minor") being permitted by the Borough to participate in this activity, I agree the above terms will be applied to the Minor, including but not limited to, the assumption of risk, waiver, insurance, and medical issues provision. I further agree to indemnify (in other words agree to pay for) and hold harmless the Borough from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by minor.