Participant Agreement, Release and Assumption of Risk

In consideration of the services of Onward and Upward Inc., their agents, owners, officers, volunteers and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “O&U”), I hereby agree to release, indemnify, and discharge O&U, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in guided hiking, camping, backpacking, crossing creeks, rock climbing, rappelling, kayaking, fishing from shoreline, ice fishing, community service projects, team building and leadership games, problem solving exercises, athletic activities, orienteering, snowshoeing, cross country skiing, high and low ropes course, transportation via vans and training and instruction including remote learning activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; falling from significant heights, falling objects; rugged terrain, boulders and creeks; weather conditions; water hazards; accidental drowning; being impaled by a fishing hook; collision with fixed or movable objects; cuts, bruises, burns, abrasions, concussions, strains, sprains, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to temperature and weather extremes which could cause frostbite, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; equipment failure and/or operator error; improper lifting or carrying; being lost or separated from their instructors or companions; the negligence of participants, or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents; my own physical condition, and the physical exertion associated with this activity. Furthermore, O&U personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

The risks include, among other things: slips and falls; falling from significant heights, falling objects; flying debris; rugged terrain; weather conditions; water hazards; accidental drowning; being impaled by a fishing hook; accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with or falls from the bicycle; cuts, bruises, burns, abrasions, and concussions; strains, sprains, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; exposure to altitude and cold including hypothermia, frostbite; hidden obstacles by snow ice and snow cornices, tree wells, tree stumps, creeks rocks and boulders, below the snow surface; loss or damage to equipment being used; equipment failure and/or operator error; improper lifting or carrying; being lost or separated from their instructors or companions; the negligence of participants, or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transportation accidents; my own physical condition, and the physical exertion associated with this activity; the condition of roads, terrain, or highways and accidents connected with their use.

Furthermore, O&U personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted and secured helmet while participating in climbing activities and high ropes courses.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless O&U from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of O&U’s equipment or facilities, including any such claims which allege negligent acts or omissions of O&U.
4. Should O&U or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against O&U, I agree to do so solely in the state of Alaska and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against O&U on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at O&U. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.