2. Acknowledgment of Risks - I understand that the Dig Afognak challenge courses may expose participants to certain risks. The activities require moderate physical exertion and elevated heights. Hazards and risks of the activities and use of the premises and equipment, include but are not limited to falls, collisions; abrupt and possibly harmful contact with structures, objects and persons; anxieties and fears associated with heights; close contact with other people; coordination and misjudgments on the part of participants; the failure of structures or equipment; separation from guides; and the unpredictable forces of nature; slipping and falling on loose, uneven or steep terrain; vehicular accidents in off-road driving; falling branches, boulders or other fallen objects; encounters with wild animals.
3. Assumption of Risks - I understand that Dig Afognak and the challenge course can be a hazardous activity. I am voluntarily participating in this activity with knowledge of the potential risks involved. I hereby accept any and all risks of injury or death to myself or any minor/child for which I am responsible, arising out of or in any way connected with the use of Dig Afognak challenge course and facilities.
4. Release and Indemnity - As consideration for being permitted to participate in the Dig Afognak challenge course, I hereby agree that I, my assignees, heirs, and/or as the parent/guardian of a minor participant, will release and hold harmless and not bring any claim or legal suits against NVA, its directors, members, managers, officers, agents, employees and volunteers its affiliated organization or the supplier of any of the equipment use in the activity (Released Parties), for any and all claims of injury, disability, death or other loss or damage to persons or property suffered by me and/or my minor child arising in whole or in part from participation in this activity, both foreseeable and unforeseeable.
In addition, I agree TO INDEMNIFY (that is, defend and satisfy by payment or reimbursement, including cost and attorney’s fees) Released Parties from any claim of loss, injury or death, brought on by myself or my child against co-participant. These agreements of release and indemnity include loss or damage caused or claimed in whole or in party by the negligence of a released Party, but not intentional wrongs or the gross negligence of a Released Party.
5. Severability - If any provisions of this agreement is held to be void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall never less be fully enforceable, unimpaired by such holding.
6. Additional Provisions - I, an adult participant or parent/guardian of a minor participant, authorize NVA to provide or obtain medical attention as it considers necessary and appropriate, and I agree to pay all costs associated with such care and transportation.
The laws of the State of Alaska will govern any dispute between a Released Party and participant or parent/guardian, and any mediation or suit shall take place only in the State of Alaska.