RELEASE OF LIABILITY—READ CAREFULLY
PARTIES TO RELEASE AND CONSIDERATION FOR RELEASE
This Agreement is made between,
, (print participant’s name) (hereafter “participant”), Luke Tyrrell, and all volunteers, participants, employees, guides, assistant guides, packers and all other persons or entities acting in any capacity on behalf of Luke Tyrrell. This agreement is in consideration for the services Luke Tyrrell will provide to participant.
ACKNOWLEDGMENT OF RISKS
As a participant in Luke Tyrrell’s services, I understand that the activities of hunting, flying, snowmobiling, snowshoeing, glacier hiking, and mountain travel entail known and unanticipated deadly risks. By way of example only, I understand that hiking, snowmobiling, and snowshoeing in Alaska could result in avalanches, rockslides, ice flows, frostbite, hypothermia, landslides, and blown down timber. I am aware that snow can hide deadly obstacles. For example, snow hides numerous dangers that include but are not limited to crevasses and bergshrunds, ice and snow cornices, tree wells, tree stumps, creeks, rivers, rocks and boulders, forest deadfall, and subsurface holes and depressions. I understand that firearms are deadly and can cause serious physical injury or death. And I recognize that flying in Alaska could result in death or serious physical injury. I realize that I may become separated or lost from my guide in forested areas, wild and rugged terrain, or bad weather. I realize that communication in Alaska is limited. And rescue may not be possible. I understand that Alaska weather is unpredictable and subject to dramatic changes including but not limited to low visibility, high winds, heavy rain or snow, and extreme temperature variations. I understand that participation with Luke Tyrrell and his employees, guides, and assistants in the Alaska backcountry could result in severe physical injury, property damage, and/or death.
GIVING UP MY LEGAL RIGHTS
By signing this Agreement, I agree to give up for myself and for my heirs all legal rights I may have against Luke Tyrrell and my fellow participants in the above activities. I GIVE UP THESE LEGAL RIGHTS REGARDLESS OF WHETHER THE INJURY, DEATH, OR PROPERTY DAMAGE RESULTS FROM MISTAKES OR NEGLIGENCE ON THE PART OF EITHER MY FELLOW PARTICIPANTS AND/OR LUKE TYRRELL, HIS GUIDES, ASSISTANTS AND EMPLOYEES.
MY PROMISE NOT TO SUE VENUE FOR ANY LAWSUITS AND ENFORCEABILITY
As consideration for Luke Tyrrell’s services, I agree that I will not sue, or otherwise make any claim against Luke Tyrrell or my fellow participants in the hunting activities provided by Luke Tyrrell or his employees for any injury, death, and/or property damage that occurs in the course of my participation including injuries resulting from negligence. Any lawsuit shall be filed in the Superior Court for the State of Alaska, Fourth Judicial District at Fairbanks, Alaska. The provisions of this release are severable and if any part of this release is found unenforceable, the remaining provisions shall remain in full force and effect.
MY RELEASE OF LIABILITY
I agree to release and discharge Luke Tyrrell and my fellow participants in activities Luke Tyrrell provided from all actions, claims, or demands, both for myself and for my heirs, dependents, and/or personal representative, for injury, death, or property damage occurring in the course of my participation in the above activities.
MY CONSENT TO MEDICAL TREATMENT
I consent to any hospital care, medical or surgical diagnosis or treatment that may be necessary because of my participation with Luke Tyrrell’s activities. I also understand and agree that I am solely responsible for all applicable charges for such medical treatment, including evacuation and/or rescues. And by signing this agreement I am waiving any right to object to or bring any type of action or claim against Luke Tyrrell for its 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 field.
MY PROMISE TO INDEMNIFY LUKE TYRRELL
I agree to pay all expenses, including attorney’s fees and court costs, that Luke Tyrrell or my fellow participants in the above activities may incur as a consequence of any legal action arising out of injury, death, or property damage suffered by me.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A BINDING, LEGAL AGREEMENT BETWEEN Luke Tyrrell AND Myself.
Parents or Guardian’s Additional Indemnification (must be completed for participants under 18 years of age).
In consideration of
(print minor’s name)(“Minor”) being permitted to participate in Luke Tyrrell’s activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Luke Tyrrell from any and all claims which are brought by, or on behalf of Minor, and that are connected with such use by Minor.