WBA Acknowledgement of Risk and Responsibility


WILDERNESS BIRDING ADVENTURES, LLC (“WBA”)

PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

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 WBA activities, as well as for the safety of any minor children for which I am responsible.

Wilderness Birding Adventures, LLC, is an Alaska limited liability company, and reference to it in this document includes, among others, its agents, owners, and employees, as well as all other persons or entities acting in any capacity on its behalf.

RISKS BEING WAIVED: I (the term “I,” “me,” or “my” shall include myself, as well as any minor children for which I am responsible) acknowledge that there are significant risks in any activity associated with outdoor adventures, including but not limited to bicycling, camping, climbing/hiking/trekking, fishing, hunting, skiing, sledding, swimming, wilderness lodges, and the presence or use of animals, watercraft, transportation to/from/during trip, firearms, or other weapons and the use of any related equipment (referred to herein as “activity”). I specifically acknowledge that the inherent risks associated with these activities include, but are not limited to: 1) Slipping, falling, sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions, contusions, dehydration, exhaustion, cramps, fatigue, chills and/or dizziness, oxygen shortage (anoxia), exposure and/or altitude sickness, head injuries, neck injuries, spinal injuries, shock, paralysis, drowning, and/or death; 2) Cold weather and heat related injuries and illnesses including frostnip, frostbite, heat exhaustion, heat stroke, hypothermia, and dehydration; 3) An “act of nature” which may include avalanche, flooding, rock fall, inclement weather, thunder, lightning, hail, severe and/or varied wind, temperature or weather conditions; 4) Risks associated with river crossings, fjordings, portaging, or travel including travel to or from the activity, such as exposure to cold or fast moving water; 5) Risks associated with crossing, climbing or down-climbing of rock, snow and/or ice, such as broken bones, sprained muscles; 6) Equipment failure and/or operator error; 7) Discharge of weapons; 8) Risks typically associated with watercraft including change in water flow or current; submerged, semi-submerged and overhanging objects; capsizing, swamping or sinking of watercraft and resultant injury, hypothermia, or drowning; 9) Negligence of other participants and my own negligence and inexperience; 10) Attack by or encounter with insects, reptiles, plants or wildlife and any resulting disease, condition or injury; 11) Accidents or illnesses occurring in remote places where there are no available medical facilities; 12) Injuries or death from accidents or crashes on ATVs, small planes, vehicles or other modes of transportation; and 13) Possible exposure to COVID-19. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in damage to property, injury, illness or death. I acknowledge that WBA instructors, employees, guides, agents or others are not infallible, that they may be ignorant of my or another participant’s fitness or abilities, and that they may give inadequate warnings or instructions. I further acknowledge that I am releasing WBA of any liability for the negligence of myself, other participants, as well as from WBA’s negligence, including WBA instructors, employees, guides, agents.

VOLUNTARY PARTICIPATION: My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I am physically and mentally capable of participating in any WBA activity and/or safely using any associated equipment. I accept that wearing a USCG approved personal flotation device for waterborne activities is a basic safety precaution.

COVENANT OF GOOD FAITH: I recognize that WBA, as provider of goods and/or services, will operate under a covenant of good faith and fair dealing, but that WBA may find it necessary to terminate an activity or refuse or terminate the participation of any person for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to achieving objectives.

AUTHORIZATION FOR MEDICAL TREATMENT: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in any WBA activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my behalf. Under separate cover, I have provided WBA with a list of known allergies to medications, plants or insets, and have notified WBA if I am under a doctor’s care or am using any prescription medications.

ABILITY TO PARTICIPATE: In consideration of the services of WBA, and all other persons or entities associated with WBA, I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, loss of personal property, and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

INDEMNIFICATION FOR ATTORNEY’S FEES AND COSTS: In the event any legal action is instituted against WBA and WBA is the prevailing party, WBA shall be entitled to its actual, reasonable costs and attorney’s fees.

JURISDICTION FOR ANY CLAIMS ARISING FROM RELEASE: Any action arising from my participation in any WBA activity shall be instituted in the Third Judicial District, Homer Venue District, State of Alaska.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WBA from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities, including any such claims which allege negligent acts or omissions of WBA.

By signing this document, I acknowledge that if anyone is hurt or killed or property is damaged during my participation in any WBA activities, I may be found by a court of law to have waived my right to maintain a lawsuit against WBA on the basis of any claim from which I have released it 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.

   

   

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Signature Certificate
Document name: WBA Acknowledgement of Risk and Responsibility
lock iconUnique Document ID: ec5207c11829b45317dc7ea313970861f509d35c
Timestamp Audit
February 6, 2024 11:03 am AKSTWBA Acknowledgement of Risk and Responsibility Uploaded by Aaron Lang - info@wildernessbirding.com IP 192.88.134.9