This is a release of liability and waiver of certain legal rights.

In consideration for my being permitted to participate in the activities of Underdog Sport Fishing, an Execguide Inc. company, and Boulder Point LLC, I agree to the following waiver and release;

I acknowledge that fishing has inherent risks, hazards, and dangers for anyone, that cannot be eliminated, particularly in a wilderness environment.

I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

Water hazards in boating including sea state, tidal flows, submerged objects, and marine life;

Injuries from fishing equipment and other participants;

Encounters with wildlife, animals, and insects;

Temperature extremes;

Slip and fall hazards at the accommodations, on the gangway, the dock, and onboard the boats;

Inclement weather conditions and unavailability of immediate medical attention in the wilderness in case of injury.

The undersigned (herein “Guest”) has made reservations with Underdog Sport fishing, an Execguide Inc. company, and Boulder Point LLC (herein “Boulder Point”) located on Prince of Wales Island in Southeast Alaska. Guest acknowledges that Guest intends to sport fish for Salmon, Halibut, Ling Cod, and Rock fish while a guest at Boulder Point. Guest further acknowledges that during Guest’s stay at Boulder Point, Guest may be exposed to numerous, sudden, and serious dangers including but not limited to: (i) injury or death arising from related travel in a single engine aircraft on floats, (ii) injury or death arising from unsafe or dangerous operations of the small boat from which Guest will sport fish, (iii) injury or death from or related to unsafe or dangerous conditions of the small boat from which the Guest will sport fish, (iv) accidental injury or death, (v) injury or death arising from or related to unsafe or dangerous premises or conditions within Boulder Point property, and, (vi) injury or death resulting from any activity in which the Guest may be involved during the Guest’s stay at Boulder Point. In consideration for the right to be a Guest at Boulder Point, Guest agrees to the following:

(1) Guest indemnifies and holds harmless Boulder Point, it’s officers, owners, directors, members, agents, employees, and volunteers from any and all injuries, death, emotional distress, damages, losses, liabilities, costs, or claims of any sort whatsoever including, but not limited to, those described in subparts (i) through (vi) above, arising from or related to Guest’s stay at Boulder Point regardless of when such an injury, death, emotional distress, damages, losses, liabilities, costs, or claims occur and regardless of any negligence by Boulder Point, it’s officers, owners, directors, members, agents, employees, and volunteers;

(2) Guest assumes all risks including but not limited to those described in subparts (i) through (vi), above, arising from or related to Guest’s stay at Boulder Point regardless of when such risk occurs and regardless of any negligence by Boulder Point, its officers, owners, directors, members, agents, employees, and volunteers;

(3) Guest releases and promises not to sue Boulder Point, its officers, owners, directors, members, agents, employees, and volunteers from any and all such injury, death, emotional distress, damages, losses, liabilities, costs or claims including but not limited to those described in subparts (i) through (vi) above, regardless of when they occur and regardless of any negligence by Boulder Point, its officers, owners, directors, members, agents, employees, and volunteers;

(4) Guest further agrees that should a Guest bring a civil action against Boulder Point, its officers, owners, directors, members, agents, employees, and volunteers, for whatever reason, the same shall be filed in the Superior Court for the State of Alaska at Ketchikan. Guest further agrees that in such event that a civil action is filed by Guest against Boulder Point, it’s officers, owners, directors, members, agents, employees, and volunteers, that the laws of the State of Alaska shall apply.

(5) Guest further agrees that in the event a civil action is filed against Boulder Point, its officers, owners, directors, members, agents, employees, and volunteers that Guest does hereby waive the Guest’s right to have the matter heard by a jury.

Guest certifies that Guest has read the above indemnification, hold harmless, release, and covenant not to sue, that Guest fully understands the contents and that Guest is of sound mind and fully aware of the responsibilities and risks that Guest is hereby assuming and of the rights given up herein. Guest further affirms and acknowledges that the same shall be binding on the Guest’s family, heirs, successors, surrogates, personal representatives, administrators and assigns under this instrument.