Please read this document carefully and fill out the form to complete your guest registration.
Participant Agreement: RELEASE OF LIABILITY AND WAIVER and Assumption of Risk
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 some 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 events during your trip to Waterfall Resort 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. Accordingly, in consideration of the services Waterfall Resort and its owners, employees, affiliates and other persons acting in any capacity on its behalf (collectively referred to as Waterfall), you agree to release and discharge Waterfall, on behalf of yourself and any children for which you are responsible, and your/their respective heirs, assigns and any personal representative of your/their estate, as follows:
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 including bears. 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; wild animal attacks; negative reaction from an air or waterborne bacteria or virus. In the event of an accident or illness, 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, including those related to Covid-19 mentioned below, 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. You agree, on behalf of yourself and any of the children for which you are responsible, that free-time activities are at your sole risk and Waterfall is not responsible for injury, loss, or death arising from or in any way related to participation in free-time activities.
Covid-19 Special Concerns: Given the unique global environment this year posed by the Covid-19 global pandemic, there are additional risks involved in your stay. Although our staff is committed to following federal, state, and local guidelines for your protection, there are some risks that cannot be eliminated. There is no cure or vaccine to prevent Covid-19 at this time. Covid-19 is highly contagious and can cause serious and potentially life-threatening illness and death. Guests travel from many different places to visit Waterfall Resort, and Covid-19 guidelines and travel restrictions vary from location to location. We are relying on their – and your – good judgment and strict adherence to Covid-19 guidelines to help protect you. All travel will be inherently risky for an indefinite period of time, and guests are
expected to travel only when they determine it is reasonably safe to do so, and when they remain healthy and without Covid-19 symptoms. You will travel to and from the resort on a small plane in close quarters to other individuals who may not be a part of your household. During your stay you will eat in in a common dining room with other guests, and your food will be prepared by staff in a common kitchen. You will be on a fishing boat in close physical proximity to other guests and staff. If you or anyone in your party becomes ill, access to adequate health care services may be limited or unavailable for hours if not days. The only way to reach the nearest hospital in Ketchikan (which may not have adequate resources to treat Covid-19, including a ventilator) is by plane or boat. WATERFALL CANNOT PROMISE THAT TRAVEL TO OR FROM THE RESORT AND/OR YOUR STAY AT THE RESORT WILL NOT RESULT IN ILLNESS OR DEATH DUE TO COVID-19, AND YOU ASSUME AND ACCEPT, ON BEHALF OF YOURSELF AND ANY CHILDREN FOR WHICH YOU ARE RESPONSIBLE, ALL RISK RELATED TO COVID-19. UNDER NO CIRCUMSTANCE WILL WATERFALL BE RESPONSIBLE FOR GUESTS’ EXPOSURE, INFECTION, ILLNESS OR DEATH RELATED TO COVID-19.
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. You agree, on behalf of yourself and any of the children for which you are responsible, that your participation in this trip and all included activities is purely voluntary. On behalf of yourself and any children for which you are responsible, you agree and acknowledge that the terms and conditions of this agreement are contractual in nature, that you are signing of your own free will, and there is no reason you cannot enter into this agreement.
Assumption of Risk and Disclosure of Information: By digitally signing below, you agree, on behalf of yourself and any children for which you are responsible, to accept and assume all of the inherent risks associated with the activities you/they engage in on the trip, including any loss, injury, or death that arises from or relates to those activities. You acknowledge, on behalf of yourself and any children for which you are responsible, that you and any such children are in good health and have no special problems that prevent you/them from engaging in the trip’s activities. On behalf of yourself and any children for which you are responsible, you agree to and have read all information applicable to the Waterfall Resort trip and have properly filled out all required forms and information.
Independent Contractors: Waterfall Resort sometimes employs independent contractors for services, including transportation. Waterfall does not retain control over these entities or their employees or agents, 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 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 digitally signing this agreement, you hereby give, on behalf of yourself and any children for which you are responsible, Waterfall permission to publish my/their photograph for use in the resort’s 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 SIGNING BELOW, I AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE INHERENT RISKS ASSOCIATED WITH THE ACTIVITIES WHICH I MAYCHOOSE TOENGAGE IN. I FURTHER ACKNOWLEDGE THAT BY SIGNINGTHIS 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.
Parents or Guardians of Minor Children (Must be completed for participants under 18 years of age)
By your digital signature below, you represent that you have complete and absolute authority to bind, contract for and legally act on behalf of the minor child(ren) listed. Your digital signature below means you believe and represent that you have the legal authority to make the waivers and releases contained herein on behalf of such minor child(ren), and you understand and acknowledge that Waterfall relies to its detriment on this representation. In consideration of such child(ren) being permitted to stay at the resort and participate in the trip, you further agree, to the fullest extent permitted by law, to indemnify (in other words, to pay for...), defend and hold harmless Waterfall from any and all claims which are brought by, or on behalf of, such child(ren), and which are in any way connected with such stay or participation by such child(ren).