Please read this document carefully and fill out the form to complete your guest registration.
Participant Agreement: Release OF LIABILITY and Assumption of Risk
The parties agree as follows:
Introduction: Welcome to Waterfall Resort. We run a remote, world-class sport-fishing resort and will do everything possible to ensure you enjoy your stay. There are a few risks inherent in your stay with us that may not be obvious and which we want to warn you about. Many of the risks cannot be eliminated without jeopardizing the essential quality of your visit. Since an accident could result in property damage, physical or emotional injury, or death to you or others, it is important to us that you are aware of the risks.
Trip Activities and Risks: As part of your Trip with Waterfall Resort, you will travel by small plane to and from the resort. You will use steep ramps; cross what are often wet slippery docks; load and unload yourself and gear onto and from small planes and boats; fish in what can be rough water; and come within close proximity to wild animals. You may also choose to hike on the trails near the resort. These activities and those not specifically stated entail risks including, but not limited to: slipping and falling; water hazards; drowning; exhaustion; hypothermia; prolonged exposure to cold water; boating and/or navigational hazards; cold, heat, sun, snow, rain, fog, and wind; guide misjudgment; negative reaction from an air or waterborne bacteria or virus. In the event of an accident, there could be prolonged delay in obtaining medical assistance. Due to the remote areas in which Waterfall Resort operates, evacuation to medical
facilities could take 24 hours or longer. We could also experience communication failures and breakdowns or faulty equipment. Please understand that the description of activities and risks is not intended to be a complete listing of all possible activities and risks, and we ask you to acknowledge that the Trip may include other risks that could result in property loss or damage,
physical or emotional injury, or death.
Free-time Activities: The Trip may allow for free-time activities in which you are unaccompanied by a guide or other person acting on behalf of Waterfall Resort. You acknowledge that freetime activities are at your sole risk and Waterfall Resort is not responsible for injury or loss arising from or in any way related to your participation in free-time activities.
Acknowledgement: You are aware that the activities and risks listed above and otherwise mentioned in this Agreement include risk of property loss or damage, physical or emotional injury, or death to you and/or others. We understand that your participation in this trip and all included activities is purely voluntary. Disclosure of Information and Assumption of Risk: I agree to and have read all information applicable to the Waterfall Resort Trip that I am to participate in and have properly filled out all required forms and information. I agree to assume the inherent risk of any loss or injury that arises from or relates to events occurring during my visit to the resort. I am in good health and have no special problems that prevent me from engaging in the Trip’s activities.
Independent Contractors: Waterfall Resort sometimes employs independent contractors for services, including transportation. Waterfall Resort does not retain control over these entities and will not be liable for any acts, negligent or willful, or failure to act of any such person, entity, or third party.
Mediation, Choice of Law, Venue: Any dispute between Waterfall Resort and you, your heirs, successors, parents, or guardians concerning, relating, or referring to this Agreement, the Trip, or any information and/or literature concerning the Trip shall be resolved exclusively in the State of Alaska, city of Ketchikan. Such proceedings shall be governed by substantive Alaska law. If you have a legal dispute which cannot be settled through discussions between the parties, you will attempt to settle the dispute first through mediation before a mutually acceptable mediator in the State of Alaska.
Photo Release: By signing this agreement, I hereby give Waterfall Resort permission to publish my photograph for use in their promotional materials. All photos are the property of Waterfall Resort.
RELEASE OF LIABILITY: I HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY DIGITALLY SIGNING I AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE INHERENT RISKS ASSOCIATED WITH THE ACTIVITIES WHICH I MAY CHOOSE TO ENGAGE IN. I FURTHER ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, I AM RELEASING WATERFALL RESORT FROM LIABILITY FOR ACTS OR OMISSIONS WHICH MAY OCCUR IN THE FUTURE TO THE EXTENT PROVIDED HEREIN.
This Release shall be binding upon the undersigned
and their assignees, subrogees, distributees, heirs, next-of-kin, executors, personal representatives, and administrators of the signatories.