Kodiak Guide Service Hunting Waiver and Release of Liability

RELEASE OF LIABILITY

This Agreement is made between, (hereafter “participant”), Kodiak Guide Service, represented by Michael Paul Horstman, and all volunteers, participants, employees, guides, assistant guides, packers and all other persons or entities acting in any capacity on behalf of Kodiak Guide Service. This agreement is in consideration for the services Kodiak Guide Service will provide to participant.

ACKNOWLEDGMENT OF RISKS

As a participant in Michael Horstman’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 Michael Horstman 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 Kodiak Guide Service 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 MICHAEL HORSTMAN, HIS GUIDES, ASSISTANTS AND EMPLOYEES.

MY PROMISE NOT TO SUE VENUE FOR ANY LAWSUITS AND ENFORCEABILITY

As consideration for Michael Horstman’s services, I agree that I will not sue, or otherwise make any claim against Michael Horstman or my fellow participants in the hunting activities provided by Michael Horstman 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 Michael Horstman and my fellow participants in activities Kodiak Guide Service 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 Michael Horstman’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 Michael Horstman 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 KODIAK GUIDE SERVICE

I agree to pay all expenses, including attorney’s fees and court costs, that Michael Horstman 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 KODIAK GUIDE SERVICE AND Myself.

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I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF PARTICIPATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these events and activities and/or the use of related real and personal property as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE.

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