Hunting Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity

                                                  Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity 
                                                          resulting from use of UA lands for certain recreational purposes

In consideration of the permission from the University of Alaska (UA) to engage in non-commercial non-motorized limited-duration recreational activity on designated undeveloped or marginally developed UA lands, I understand I am releasing and discharging UA on behalf of myself, my parents, my heirs, assigns, personal representative(s) and estate as follows:
1.    Inherent Risks. I acknowledge that the recreational activities (berry picking, non-motorized biking, fishing, hiking, hunting, mushing, running, non-commercial trapping, skiing, snowshoeing, and similar activities) I will be pursuing on UA’s lands 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 such activity on undeveloped or marginally developed lands, where such risks may go beyond the accepted safety standards 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 enjoyment of such activities. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the undeveloped or marginally developed lands and those recreational activities I intend to pursue on those lands. 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.
By my use of such lands I am specifically acknowledging that the inherent risks associated with recreational activities include but are not limited to: accidents, falls, drowning, wildlife, overexertion, hypothermia, inadequate hydration, injuries from equipment malfunction or equipment failure, failure to bring along sufficient water, food or other resources, remoteness from or inaccessibility by rescue operations, unavailability of medical care, getting lost, exceeding the physical, mental or emotional resources of myself or any companions, lack of safe water, unfamiliarity with the terrain or the area, inexperience or negligence of myself or any of my companions, inclement weather, failure to follow safety precautions, dangers presented by other users, and dangerous conditions left behind by previous users.
In my use of such lands, I will be inspecting the conditions continuously while recreating on UA lands, and my continued use of such lands constitutes an acknowledgment that I find and accept the lands as being safe and reasonably suited for the recreational activities in which I am engaging.  I understand that my recreational activities on UA lands specifically involves the inherent risks of death or serious injuries.  I am voluntarily observing or participating in recreational activities on UA lands with full knowledge of all potential dangers involved therein. 
By my use of such lands, I understand that I have responsibilities, including the responsibility for my own safety while participating in any or all of the recreational activities on UA lands. I also understand: that I have the responsibility to inspect any and all such lands; that I am responsible for all personal equipment brought onto UA lands and used by me in any activity on UA lands; that the use of drugs or alcohol during my participation in any or all of the recreational activities on UA lands is done at my own peril and is not condoned, encouraged or excused by UA in any way; and that UA cannot be and will not be responsible for inspecting UA undeveloped or marginally developed lands for safety of recreational users.  
I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my use of UA lands for my recreational activities.
2.    Assumption of Risk.  By my use of these UA lands, I am agreeing and promising 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 on this website. My participation in this activity is purely voluntary, and I am electing to participate in spite of the risks. This is a purely voluntary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, my agreement to assume all risks, whether they are known or unknown to me, is intended to defeat all claims I might have against UA stemming from my recreational activities on UA lands.  
3.    Release and Waiver of Rights Including for Claims of Negligence. My use of such lands voluntarily releases UA, forever discharges UA, and agrees to indemnify and hold harmless UA 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 UA lands, including any such claims which allege any theory of negligence including negligent acts or omissions of UA. What I am agreeing to by my use of such lands is that, beyond the legal application of the inherent risk and assumption of the risk provisions, I am waiving all claims I might have against UA sounding in negligence, or gross negligence, or intentional misconduct, or strict liability, and this waiver encompasses exculpation of UA from liability even if that liability is unrelated to inherent risks. My use of such lands represents my agreement 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 here, my use of such lands represents my agreement not to hold UA liable for negligence related to my death or injury or any other style of damage.  This is not intended to represent or insinuate standards of safety or maintenance.
4.    Indemnity. By my use of such lands, I understand that, should UA or anyone acting on their behalf, be required to incur attorney’s fees and costs to defend UA against any claims brought stemming from my use of such lands, I am agreeing to indemnify and hold them harmless (in other words, I am agreeing to pay) for all such fees and costs.  This is to include UA’s regents, officers, directors, employees, agents, successors, and assigns. This is also to include any claim or liability arising from or in connection with any act or omission under my use of these UA lands, including claims or liabilities for loss or damage to property or injury to any person or release or discharge of any hazardous substance. 
5.    Personal Skill.  By my use of such lands I am certifying that I have sufficient skill and fitness to participate in the recreational activities in which I will be engaging while on UA lands, and 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. 
6.    Insurance. By my use of such lands I am certifying that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer by reason of engaging in these activities, or else I am agreeing to bear the costs of such injury, damage or emergency transportation costs myself.
7.    Release and Personal Capacity.  By my use of such lands I am agreeing that all these understandings will apply to each and every use of UA undeveloped or marginally lands I make, and that I am not under any impediments that would interfere with my capacity to understand the obligations I am undertaking through using such lands.  
8.    Other obligations.    By my use of such lands, I understand that:

a.    Fire Prevention, Protection, and Liability: I am obligating myself to take all reasonable precautions to prevent and all reasonable actions to suppress forest, brush and grass fires using best practices. UA will not be liable for damage to my personal property or for forest fire protection for my activity. 
b.    Fuel Storage: I am not to bring any motorized vehicle fuel onto UA lands, but can bring camp stove fuel.  I am responsible for preventing spills and contamination of contiguous land and water as well as cleaning up any oil or other pollutants that result from my activities associated with this permit. 
c.    Hazardous Substances: I am not to bring onto UA lands any hazardous substances as those are defined by existing federal, state and local laws, regulations and ordinances. Any contaminants, included contaminated soil, must be recovered from the site and managed and disposed of in accordance with existing federal, state, and local laws, regulations, and ordinances. I am obligating myself to clean any contaminated areas resulting from my activities according to standards prescribed by state and federal law, and to report to the Alaska Department of Environmental Conservation (DEC) Spill Response Center at 1-800-478-9300 as well as to UA any unauthorized discharges.   
d.    Site Disturbance: I will keep site disturbances to a minimum amount of ground necessary to protect local habitats, and conduct my activities in a safe manner and in accordance with generally accepted best management practice. 
e.    Refuse Disposal: On-site refuse disposal is prohibited. All greywater or human waste must be disposed of in a pit located at least 100 feet from the ordinary highwater mark of the nearest waterbody, and back-filled prior to leaving the site. 
f.    Removal of Personal Property: All personal property, hazardous substances and solid waste must be removed from UA land on or before the end of the recreational activity.   
g.    Inspections: All activities occurring on UA land are subject to inspection by UA personnel at any time. 
h.    Damages to the Property: If my activities result in damage to UA land, I will either repair such damage or pay for the cost of repairing such damage. 
i.    Revocability: UA may withdraw its permission for me to use such lands at any point.  
9.    Other laws, Forum Selection, Severability. I understand that UA’s authorization to use its lands does not relieve me of the obligation to obtain any other authorizations required by federal, state and local laws for this activity.  I understand that my use of such lands means that, in the event I file a lawsuit against UA I will not be doing so outside State of Alaska, and the substantive law of Alaska shall apply in that action, and that I am irrevocably waiving any right to file in any other jurisdiction or venue. I understand my use of such lands submits me to the jurisdiction of the Alaska courts over any litigation resulting from my use of such lands. I agree that if any portions of my obligations attending my use of UA lands are found to be void or unenforceable, the remaining portions of my obligations are to remain in full force and effect. I understand that my obligations stemming from my use of such lands are not to be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.).

By utilizing UA lands for pursuit of my recreational activities, I acknowledge that if anyone is hurt or killed or property is damaged during my use of UA lands for recreational activities, I may be found by a court of law to have waived my right to maintain a lawsuit against UA.