Address: _____________________________________________________________________
email address:___________________________________________________________
THIS IS A LIABILITY RELEASE, INDEMNITY AGREEMENT & AGREEMENT NOT TO SUE. PLEASE READ CAREFULLY BEFORE SIGNING.
ACCEPTANCE OF TUBING EQUIPMENT FOR USE AS IS: I accept for use as is, the TUBING EQUIPMENT PROVIDED BY Extreme Tubing. I accept full responsibility for the care of the TUBING EQUIPMENT while in my possession. I agree to hold harmless, defend, and indemnify Extreme Tubing, its owners, agents, and employees, as well as the equipment manufacturers and distributors for all PROPERTY DAMAGE I may cause to this equipment, except normal wear and tear.
ACKNOWLEDGMENT OF RISKS OF USING TUBING EQUIPMENT: I have carefully read and acknowledge the following:
(1) I acknowledge the use of TUBING EQUIPMENT is a HAZARDOUS AND DANGEROUS activity. I specifically understand that the tubes supplied by Extreme Tubing provide NO DIRECTIONAL CONTROL and NO BRAKING OR STOPPING DEVICE.
(2) I understand and am aware that the snow tube furnished to me by Extreme Tubing can be HAZARDOUS, and can cause PROPERTY DAMAGE, BODILY INJURY, or DEATH to me and to others.
(3) I understand that both man-made hazards and obstacles and natural hazards and obstacles exist in and around the Extreme Tubing area, which make the use of snow Tubes especially HAZARDOUS AND DANGEROUS.
(4) I understand that the actions and inactions of OTHER TUBING PARTICIPANTS can make the use of snow TUBES at Extreme Tubing HAZARDOUS AND DANGEROUS.
(5) I understand that one of the risks of using snow tubes is that Extreme Tubing, or one of its employees may NEGLIGENTLY MAINTAIN OR OPERATE THE TUBING FACILITY OR THE TUBING EQUIPMENT. I acknowledge that such NEGLIGENCE may result in PROPERTY DAMAGE, BODILY INJURY, or DEATH to me.
(6) I understand that all of the natural and man-made hazards, obstacles, and conditions associated with the USE OF SNOW TUBES in combination with my own actions, the actions of OTHER TUBERS, and the ORDINARY and NEGLIGENT CONDUCT of employees of Extreme Tubing can result in me suffering PROPERTY DAMAGE, BODILY INJURY, and OR DEATH.
I have read the six numbered paragraphs carefully, and understand them. _____initial here.
ASSUMPTION OF RISKS OF USING TUBING EQUIPMENT: Understanding all of the above risks, I have made a voluntary choice to participate in TUBING and TO USE THE EQUIPMENT PROVIDED BY Extreme Tubing despite the risks of PROPERTY DAMAGE, BODILY INJURY, and OR DEATH described above. In partial consideration of my being permitted to use the TUBES provided by Extreme Tubing, I agree to ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH, which might be associated with or result from my participation in TUBING and MY USE OF THE TUBING EQUIPMENT PROVIDED BY Extreme Tubing.
I have read this paragraph carefully, and understand it. _____________ Initial here.
ASSUMPTION OF RISK OF NEGLIGENT CONDUCT: In addition, I expressly agree to assume the risk of any NEGLIGENT CONDUCT BY Extreme Tubing, their owners, agents, landowners, affiliated companies and directors, officers, members, employees, and volunteers, as well as the equipment manufacturers and distributors. NEGLIGENT CONDUCT includes but is not limited to THE FAILURE TO USE REASONABLE CARE TO OPERATE OR MAINTAIN the Extreme Tubing TUBING EQUIPMENT, TUBING FACILITIES, TUBING HILL and all other facilities or equipment of any kind associated with the use of tubing equipment at Extreme Tubing.
I have read this paragraph carefully, and understand it. _____________Initial here
RELEASE OF LIABILITY & AGREEMENT TO DEFEND & INDEMNIFY: I further agree to RELEASE FROM LIABILITY and to INDEMNIFY AND DEFEND Extreme Tubing, and its owners, agents and employees, as well as the equipment manufacturers and distributors in any lawsuit, action, cause of action, claim, or demand for money of any kind for PROPERTY DAMAGE, BODILY INJURY or DEATH to myself or for PROPERTY DAMAGE, BODILY INJURY or DEATH to any other person or property, which is in any way connected with my USE OF THE TUBING EQUIPMENT PROVIDED BY Extreme Tubing and my participation in TUBING at Extreme Tubing. I specifically intend this release and indemnity agreement to be effective whether PROPERTY DAMAGE, BODILY INJURY, OR DEATH, to me or to anyone else, is caused by me, by the ORDINARY or NEGLIGENT CONDUCT of Extreme Tubing, its owners agents and employees, the equipment manufacturers or distributors, by some other person, or by some man-made or natural hazard or obstacle, or for any other reason in any way connected with my USE OF THE TUBING EQUIPMENT PROVIDED BY Extreme Tubing or my preparation for or participation in TUBING at Extreme Tubing.
I have read this paragraph carefully, and understand it. _____________Initial here
AGREEMENT NOT TO SUE: I, the undersigned, have carefully read and understand this Agreement and all of its terms. I understand that this is a RELEASE OF LIABILITY & INDEMNITY AGREEMENT, AND AN AGREEMENT NOT TO SUE Extreme Tubing, their owners, agents, and employees, as well as the equipment manufacturers and distributors which will LEGALLY PREVENT me or any other person on my behalf from filing suit against Extreme Tubing, their owners agents, and employees, as well as the equipment manufacturers and distributors or from making any other legal claim for damages in the event of PROPERTY DAMAGE, BODILY INJURY, OR DEATH to me or PROPERTY DAMAGE, BODILY INJURY, OR DEATH TO ANYONE ELSE connected in any way with my USE OF THE TUBING EQUIPMENT at Extreme Tubing and my participation in TUBING at Extreme Tubing. Understanding all of this, I enter into this Agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns and legal representatives. I have read this paragraph carefully, and understand it. _____Initial here
I further specifically agree to sign and enter into all of the terms of this agreement as partial consideration for the special privilege of USING THE TUBING EQUIPMENT PROVIDED BY Extreme Tubing.
I have read this paragraph carefully, and understand it. _____________Initial here
I agree that any and all disputes between myself and Extreme Tubing in any way connected with my use of Extreme Tubing’s tubing equipment or participation in tubing including all claims for PROPERTY DAMAGE, BODILY INJURY, or DEATH will be GOVERNED BY THE LAWS OF THE STATE OF ALASKA and the EXCLUSIVE JURISDICTION for resolving the claims shall be in the Courts of the State of Alaska, Third Judicial District or the United States District Court for the District of Alaska. IN THE EVENT ANY SECTION OF THIS RELEASE IS FOUND TO BE UNENFORCABLE, THE REMAINING TERMS SHALL BE FULLY ENFORCEABLE. IF THE PARTICIPANT IS A MINOR, I verify that I am the PARENT OR GUARDIAN of the minor. I further verify that I have authority to enter into this agreement on behalf of the minor participant, and I agree to be bound by all of the terms and conditions of this agreement on behalf of the minor participant. I, the PARENT OR GUARDIAN, also agree to be bound by all of the terms and conditions of this LIABILITY RELEASE & INDEMNITY AGREEMENT & AGREEMENT NOT TO SUE, and agree to HOLD HARMLESS, DEFEND AND INDEMNIFY Extreme Tubing, their owners agents, and employees, as well as the equipment manufacturers and distributors in any claim or suit arising from the USE OF THE TUBING EQUIPMENT PROVIDED BY Extreme Tubing and the participation of the minor participant in TUBING at Extreme Tubing.
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Participant under 18 years of age. Date
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Parent or Guardian Date
THIS IS A LIABILITY RELEASE & INDEMNITY AGREEMENT & AGREEMENT NOT TO SUE.