Kenai Fjords Tours
Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
WARNING: There are significant elements of risk in any activities associated with the outdoors and/or wilderness and or vessels and water, and the use of any related equipment.
In consideration of the services of CATC ALASKA TOURISM CORPORATION d/b/a Kenai Fjords Tours their officers, agents, employees, and stockholders, and all other persons or entities or vessels associated with those businesses (hereinafter collectively referred to as “KFT”), you agree as follows:
Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of accidental injury, illness or in extreme cases, permanent trauma or death. The following describes some, but not all, risks:
1: Sudden or gradually changing water/ocean tide/weather conditions;
2: Collision, with other watercraft, docks or piers, or other man-made or natural objects, including overhanging, submerged and/or semi submerged trees, marine animals, branches, rocks, boulders and ice;
3: Cold weather and heat related injuries and illnesses including frostbite, hypothermia, heat exhaustion, sunstroke, and dehydration;
4: Inclement weather, lightning, variances and extremes of wind, weather and temperature;
5: Tripping/falling/loss of balance while walking/standing on a moving vessel or on a ramp to the dock or shore;
6: Loss of control of the vessel, collision, capsizing, and sinking of the craft, whether due to natural forces and/or the action, inaction or negligence of the employees or agents operating the vessel;
7: Getting in or out of the vessel;
8. Your ability to listen to, understand and follow crew instructions;
9: Travel, including hiking, portaging and travel to or from any tour-related activity:
10: The presence of marine life forms and risk of encounter with marine life forms, or other animals or insects;
11. The presence of active glaciers, including falling ice from glaciers, which could directly impact the vessel, tour participants aboard the vessel, or the water surrounding the vessel;
12: Accidents or illnesses occurring in remote places where there are no available medical facilities;
13. Your ability to swim or remain afloat in cold and potentially rough ocean water;
14. Errors, misjudgments, or omissions committed by the watercraft’s crew in operating the craft, providing instructions or warnings to participants, assessing potential or actual hazards or conditions, and/or responding to potential or actual hazards or conditions.
You are aware that this activity entails risks of injury, up to and including death, to yourself and your minor child/children. You understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death. You agree, on behalf of yourself and your minor child/children, to assume responsibility for the risks identified herein and those risks not specifically identified. Your participation, and that of your minor child/children, in this activity is purely voluntary. No one is forcing you, or your minor child/children to participate, and you, and your minor child/children elect to participate despite the risks foreseeable and unforeseeable.
You are (we are) physically and mentally capable of participating in this tour and all activities that are part of the tour.
You assume full responsibility for yourself, including any minor children, for which you are responsible, for bodily injury, accidents, illnesses, death, loss of personal property, and expenses thereof because of those inherent risks and dangers, or any negligence of KFT.
You yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND WAIVER CATC ALASKA TOURISM CORPORATION d/b/a Kenai Fjords Tours, its officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss, or damage to persons or property incident to your involvement or participation in these programs, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities incident to your involvement or participation in these programs, EVEN IF ARISING FROM THEIR NEGLIGENCE to the fullest extent permitted by law.
You have read, understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be binding upon yourself, your heirs, assigns, personal representative and estate, and for all members of your family including any minors accompanying you.