Waiver and Release of Liability
**One form per guest please**
The undersigned, for good and valuable consideration, including services provided by Soaring Eagle Lodge, Inc. dba Soaring Eagle Fishing & Adventures, hereby executes this Waiver and Release of Liability in favor of Soaring Eagle Lodge, Inc. and its directors, officers, employees, affiliates, agents, insurers, re-insurers, successors and assigns (hereinafter collectively referred to as “Soaring Eagle”). I make the following representations and agree to the following waiver and release of liability and acknowledgement of risk:
I have chosen to participate in certain activities including but not limited to horseback riding, 4 wheeling, motorcycling, bicycling, hiking and/or other activities (the “Activities”) arranged for a fee on my behalf by Soaring Eagle. I am in good health and have no physical conditions that affect my ability to participate in the Activities.
I understand that the Activities are dangerous activities which entail risks, including risks that are not reasonably foreseeable or that cannot be controlled or eliminated by Soaring Eagle. These risks include, but are not limited to, the risk of bodily injury or death, short and long-term disabilities, mental anguish, pain and suffering and similar or related conditions, and damage to property. Soaring Eagle sells reservations for the Activities as a service, and I understand the products and/or services for the Activities are owned, operated, and/or provided by independent contractors who are neither supervised nor controlled by Soaring Eagle, and Soaring Eagle makes no express or implied warranties regarding the independent contractor’s abilities, knowledge or safety.
I assume all of the risks associated with my participation in the Activities, including risks not specifically identified in this document, and the risk of injury, death, or property damage caused by the condition of any property, facilities or equipment used in connection with the Activities.
I hereby irrevocably and unconditionally waive, release, and discharge Soaring Eagle from any and all claims, demands, losses, liabilities, actions, suits or rights of any kind or nature, for any injuries, death, or property damage, arising out of, caused by, or resulting in any way from any accident, incident, or occurrence, the use or condition of any property, facilities or equipment, and/or on account of first aid or medical treatment provided or the failure to provide first aid or medical treatment, related to my participation in the Activities, even if caused in whole or in part by the negligence of Soaring Eagle or any independent contractor.
I agree to defend, hold harmless and indemnify Soaring Eagle from any claim, liability, loss, damages, expenses, or attorney fees resulting from a claim brought by a fellow participant, spectator, rescuer, or any other person for injury, death, or property damage caused by my conduct in connection with the Activities and/or that of any members of my family, and all minors on whose behalf this release is signed.
This Waiver and Release of Liability contains the entire agreement between myself and Soaring Eagle, is a legally binding agreement that will be construed broadly to provide a release and waiver to the maximum extent permitted by law, and is binding on my family members, heirs, successors, assigns, and legal representatives. Any provision of this Waiver and Release of Liability found to be void or unenforceable shall be severed from this agreement and shall not affect the validity or enforceability of other provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction and venue of the State and Federal courts located in Anchorage, Alaska.
I have read and voluntarily signed this document and I understand that by signing below, I have given up substantial rights. I acknowledge that, but for the execution of this Waiver and Release of Liability, Soaring Eagle would not arrange for my participation in the Activities.
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~ Soaring Eagle Team
Questions? Call our Adventure Coordinators at 907-953-6688 OR EMAIL firstname.lastname@example.org