Waiver & Liability Form

In consideration of the services of ChossWorks LLC, d/b/a Alaskan Dirtbag Co, its rental shop/department, agents, owners, operators, stockholders, officers, directors, volunteers, independent contractors, employees, instructors, related and subsidiary companies, sponsors, vendors, insurers, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “AK Dirtbag Co”), I hereby agree to release and discharge AK Dirtbag Co on behalf of myself, my parents, my heirs, assigns, personal representative(s) and estate as follows: 

1. Inherent Risks I acknowledge that fitness type activities including rock climbing, bouldering,  renting climbing equipment and navigating variable climbing areas within Alaska each entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity of rock climbing. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety and injury may still occur. I specifically acknowledge that the inherent risks associated with recreational type activities (specifically including rock climbing, bouldering,  renting climbing equipment and navigating variable climbing areas within Alaska, etc.) includes but is not limited to: climbing on variable rock quality, unpredictable weather, bear attacks, moose attacks, hiking, and other climbing associated activities are intended to challenge and engage the physical, mental and emotional resources of the participant. Overexertion, improper technique, ignoring safety precautions, failing to follow instructions, slips and falls, unfamiliarity with the equipment, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Immediately upon removal of the equipment from 8211 E 36th Ave #A Anchorage, AK 99504, it constitutes an acknowledgment that I find and accept the equipment as being safe and reasonably suited for the purposes of such observation, participation or use. The risks also include, but are not limited to, falls which can result in serious injury or death; animal attacks that can result in serious injury or death; geological events that can result in serious death or injury; improper use or failure of equipment; strains and sprains; aches and pains; those risks caused by Alaskan climbing areas, temperature, condition of athletes, level of hydration, equipment, and actions of other people including, but not limited to, participants, volunteers, spectators, coaches, etc. I understand that participation specifically involves the inherent risks of death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks and injury to bones, joints, or muscles. I represent that I am voluntarily observing or participating in AK Dirtbag Co activities and using AK Dirtbag Co equipment with full knowledge of all potential dangers involved therein. I further understand that I am assuming full responsibility for myself and all of the activities in which I choose to engage during my time in Alaska while using AK Dirtbag Co’s equipment. I specifically acknowledge that the inherent risks associated with rock climbing, renting climbing equipment and specifically climbing outdoors using organic surfaces includes, but is not limited to:  being fallen on or impacted by other participants, poor or improper spotting/belaying, the possibility that I will be jolted or jarred or bounced or thrown to and fro or shaken about while climbing or belaying, entanglement in ropes, impacting the ground and/or crag wall, loose or dropped or damaged ropes or holds, equipment failure, mechanical devices failing or being improperly used, improperly maintained equipment which I may or may not be renting from AK Dirtbag Co, displaced pads or safety equipment, belay or anchor or harness failure, general slips/trips/falls or painful crashes while using any of the equipment or walls or bouldering areas or landing pits or work-out areas or the climbing structures or the premises at large, climbing out of control or beyond my or another participants’ limits, objects being dropped from heights and landing on or impacting climbers, the negligence of other climbers or spotters or visitors or participants who may be present, participants giving or following inappropriate “Beta” or climbing advice or move sequences, mine or others’ failure to follow the rules of the AK Dirtbag Co, my own negligence or inexperience, dehydration or exhaustion or cramps or fatigue - some or all of which may diminish my or the other participants’ ability to react or respond. I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in any or all of the activities associated with or provided by the equipment supplied by AK Dirtbag Co and I also acknowledge that I have the responsibility to inspect any and all climbing areas or equipment to be used or rented and to immediately advise AK Dirtbag Co of anything which I consider to be unsafe or to refuse to participate. I acknowledge that my time participating in AK Dirtbag Co events/activities may require me to use technical equipment (IE – crash pads, chalk buckets, chalk, ropes, harnesses, belay devices, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include, but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by AK Dirtbag Co staff. I acknowledge that I am responsible for all personal equipment brought to Alaska and used by me in any activity offered by the AK Dirtbag Co, including ropes, harnesses, climbing shoes, belay devices, carabiners, etc. Very specifically, AK Dirtbag Co cannot and will not be responsible for inspecting or ‘vetting’ personal equipment brought to the selected climbing areas; all personal equipment is used at the owner or climbers’ personal risk. Furthermore, AK Dirtbag Co instructors, employees, volunteers, agents or others have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of mine or another participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment they use or recommend or provide or rent to me might malfunction or be poorly maintained. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the AK Dirtbag Co is done at my own peril and is not condoned, encouraged or excused by AK Dirtbag Co in any way. I understand that the AK Dirtbag Co reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my use of or participation in AK Dirtbag Co’s equipment, rentals or activities. 

2. Express Assumption of Risk I expressly agree and promise to accept and assume all the risks existing in this activity. This means I am not just assuming the inherent risks of the activity but rather that I am assuming all of the risks of the activity, even if they are not expressly stated in this document. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will. This is a purely voluntary un-necessary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks whether they are known or unknown to me is intended to defeat all claims I might have against AK Dirtbag Co

3. Release and Waiver of Rights Including for Claims of Negligence I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AK Dirtbag Co 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 AK Dirtbag Co’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of AK Dirtbag Co. What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against AK Dirtbag Co sounding in negligence. I agree that the specific risks of death, injury or other property damage are clear and unambiguous to me and that, even if a specific mechanism of injury is not listed in this AK Dirtbag Co Release and Waiver Contract document it is my express agreement not to hold AK Dirtbag Co liable for negligence related to my death or injury or any other style of damage. 

4. Indemnity Should AK Dirtbag Co 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 (in other words, I agree to pay for…) for all such fees and costs. 

5. Personal Skill & Insurance I certify that I have sufficient skill and fitness to participate in the activities offered through AK Dirtbag Co I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself. 

6. Photographic Assignment I understand that the AK Dirtbag Co reserves the right to take photographic or film (of whatsoever nature) records of any use of their equipment, removal of equipment from 8211 E 36th Ave #A Anchorage, AK 99504, or all of the activities tagged on social media and I hereby agree that the AK Dirtbag Co may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by the AK Dirtbag Co 

7. Release as Contract and Personal Capacity I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will. I expressly agree and acknowledge that this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement will apply to all AK Dirtbag Co equipment rentals or activities in which I participate for my selected rental period through my signature below. I agree and expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with the AK Dirtbag Co. 

8. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I file a lawsuit against AK Dirtbag Co 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 and I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy or electronic version of this release contract can be used as if it were the original. I understand that this document constitutes the entire Agreement/Contract between ourselves and AK Dirtbag Co and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract. AK Dirtbag Co Release and Waiver Contract By signing this document, I acknowledge that if anyone is hurt or killed or property is damaged during my participation in or use of AK Dirtbag Co activities or premises or facilities or rental equipment, I may be found by a court of law to have waived my right to maintain a lawsuit against AK Dirtbag Co.