PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of ATV and Jeep Adventures, SITLA Land, their agents, owners, officers, volunteers, personnel, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AJAT"), I hereby agree to release, indemnify, and discharge AJAT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in hiking, biking, sightseeing, ATV, UTV, rock climbing, van tours, and guided activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; falling objects; rugged terrain; weather conditions; accidents involving other bicycles or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with or falls from the bicycle; cuts, bruises, burns, abrasions, and concussions; strains, sprains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; injuries to internal organs; loss of fingers or other appendages; the possibility of eye damage or loss of hearing; inhalation or contact with airborne contaminants and or flying debris; electric shock; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; exposure to altitude and cold including hypothermia, acute mountain sickness, exhaustion; loss or damage to equipment being used; equipment failure and/or operator error; improper lifting or carrying; the negligence of participants, or other persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; my own physical condition, and the physical exertion associated with this activity; the condition of roads, terrain, or highways and accidents connected with their use.
Furthermore, AJAT personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AJAT 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 AJAT’s equipment or facilities, including any such claims which allege negligent acts or omissions of AJA
4. Should AJAT 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 for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against AJAT, I agree to do so solely in the state of Utah, 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. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against AJAT on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
This agreement made on April 5, 2020 by and between Rocky Peak Recreation DBA ATV & Jeep Adventure Tours (hereinafter collectively referred to as AJAT) and (herein referred to as "Participant or Releaser").
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES MADE THE AGREEMENTS, WAVERS AND RELEASES ALL AS SET FORTH BELOW.
SECTION1. Guided Tour: AJAT agrees to provide a guided ATV/Jeep/UTV tour to Participant and provide the ATV's/Jeep/UTV, guide and basic riding equipment during the hour/day period of the guided tour. Participant shall be responsible for their own lodging arrangements.
SECTION 2. Attire: Southern Utah is a vast region consisting of a range of topography, geography and weather. Participant is responsible to furnish and wear appropriate attire to accommodate any weather condition. Suggested attire includes long pants, tennis shoes (open toes shoes are not allowed), rain gear and jacket or coat.
SECTION 3. Health/Medical Condition: All Health and medical conditions of the participant must be disclosed to AJAT prior to the tour. AJAT reserves the right to terminate or suspend participation of the participant where such health or medical conditions presents an unreasonably greater risk of further injury or where further participation would disrupt the tour or require greater supervision or care by AJAT. AJAT may condition a participant's participation in a tour upon receipt of a doctor's release.
SECTION 4. Non-Participation: Each Participant and parent guardian understand and agree that the participant shall not participate in any activity where the participant is not physically or mentally able to participate without an unreasonably greater risk of injury and shall notify AJAT accordingly in a timely manner.
SECTION 5. Assumption of Risk: The participant and the parent/guardian for minors represent they are aware that riding an ATV on any surface, but particularly areas with varying and often broken terrain, presents inherent risks of death and serious injury to the participant and the parent/guardian herby assumes all risks. Parents/guardians will be responsible for minor children at all times. Parent/guardian warrants and acknowledges that any minor in their care will wear a helmet, eye protection and any other appropriate safety gear at all times, that the minor is capable of operating the provided equipment and that they shall take sole responsibility to ensure that minor shall abide by the rules of this contract. Any parent/guardian who does not abide by the rules of this contract will be immediately terminated from the tour with no refund for their separate party in its entirety.
SECTION 6. Flora, Fauna, Reptiles, and Insects: Participant and parent/guardian acknowledge that a diverse variety of flora, fauna, reptiles and insect life exists in the region, some or all of which may not be familiar to the participant. All flora, fauna, reptiles and insects should be treated with the upmost care and respect. Insects pose risks of cuts, scrapes, bites, stings, odors, scents and other hazards which may pose risk of injury and even death.
SECTION 7. Limitation of Liability, Waiver and Indemnification: The Releaser and Parent/guardian each understand an AJAT tour is an activity conducive to risk and expressly waives any claim against AJAT. The Releaser and parent/guardian release AJAT and the State of Utah School and Institutional Trust Lands Administration (hereinafter referred to as SITLA) from any and all claims and liability arising from or related to participation of a Tour with AJAT, including but not limited to, injury to person or property, and any injury resulting in the death of Releaser or another, whether caused by the negligence of AJAT, SITLA or otherwise, and agrees to indemnify, defend, and hold AJAT and SITLA harmless from any such claim, loss, death or injury, including court costs and attorney fees. Releaser further releases AJAT and SITLA from any and all claims and liability arising from or related to the manufacture, maintenance or repair upon which Participant is riding or another Participant is riding, including and claims related to other ATVs, which may result in injury to persons or property, even injury resulting in death of Releaser or another, whether caused by negligence of AJAT, SITLA or otherwise, Releaser agrees to indemnify, defend and hold harmless AJAT and SITLA from such claim, loss, damage, death or injury, including costs and attorney fees.
SECTION 8. Parties Released:This release is effective in regard to AJAT and SITLA. This release includes the officers, agents, landowners, members, employees, and directors of AJAT and SITLA, spouses, heirs and legal assigns, and all other persons or entities acting in any capacity on their behalf. . This release binds not only the Releaser with respect to the claims arising out of this activity, but also their spouses, heirs, representatives and legal assigns.
SECTION 9. Damage to Equipment: Participants assume full financial responsibility for damages to the equipment while under control of the participant. Equipment includes but is not limited to: ATV, Jeep, UTV or any other equipment used in conjunction with the tour.
SECTION 10. Personal Property: The Participants shall be responsible for all personal property brought by them on the tour. AJAT, its agents, employees and owners are not responsible for lost, stolen or damaged property.
SECTION 11. Warranty of Responsibilities: Parent and guardians warrant they are legally responsible for the minor of which they are the primary caretakers. The signature of either parent or guardian shall be sufficient to bind both to this Agreement. The parent or guardian signing this agreement warrants the same is done for and on behalf of both parents or guardian. Parents/guardians warrant each will comply with and be bound by the provisions set forth herein. The guardian warrants having been authorized by a court with appropriate jurisdiction and agrees to produce a certified copy of Letters of Guardianship if requested.
SECTION 12. Emergency Attention: In the event of injury to participant, AJAT will attempt to contact a parent or guardian, health care provider, doctor or other health care provider or emergency medical team or person as the circumstances may dictate. The participant and parent/guardian shall pay all such emergency medical services whether or not covered by insurance.
SECTION 13. Alteration: AJAT reserves the right to withdraw, cancel or alter any trip as necessary. Further, AJAT reserves the right to refuse services to any person at any time if in AJAT's absolute discretion it is deemed an appropriate action.
SECTION 14. Concession: Participant understands that AJAT is a privately owned concession.
SECTION 15. Entire Agreement: There are no representations or warranties express or implied, except those specifically and expressly set forth in this agreement. This is the entire agreement between the parties and supersedes and cancels all prior negotiations, representations, understanding or agreements made, assumed or acknowledged between them. There are no verbal understanding modifying or affecting performance of this agreement. This agreement cannot be changed, altered, modified, or amended except in writing signed by all parties. Use of paragraph headings does not limit the scope or meaning of said paragraph and are for ease of reference only. Reference made to the singular includes the plural and references to one gender includes all other genders when applicable or as the context requires. If a court finds any provision of this agreement unenforceable as matter of law, the remainder of the agreement shall remain in force to the fullest extent permissible by law.
SECTION 16. Legal Action: Legal action commenced under this agreement shall take place in Washington County, Utah. The prevailing party to any such legal action shall be entitled to costs and attorney fees against the losing party.
Use of Media Release
I hereby authorize AJAT, to publish photographs/videos/ and other media taken of me and/or my minor child accompanying me on my tour, and our name and likeness, for use in the AJAT print, online and video-based marketing materials, as well as other AJAT publications.
I hereby release and hold harmless AJAT from any reasonable expectation of privacy or confidentiality for myself and for my minor child and children associated with the images specified above. Further, I attest that I am the parent or legal guardian of the child or children accompanying me and/or that I have full authority to consent and authorize AJAT to use their likenesses and names.
I further acknowledge that my participation is voluntary and that neither I nor any minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other AJAT publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.
I hereby release Company, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.
*******PLEASE READ CAREFULLY*******
1- All Clients MUST wear a helmet, pants & covered shoes. (NO EXCEPTIONS) We suggest wearing eye protection also.
2- Participant is 100% liable for any and all damage to equipment while under their control and agrees to accept full financial responsibility for that damage.
3- "Misuse of equipment" fee is $100.00 and may be assessed if participant or minors in that party are not riding as instructed by the guide. One warning will be issued and the guide may cancel the tour or charge the fee after the first warning. No refunds will be issued on tours that are cancelled for irresponsible driving by a participant.
4- Participant authorizes the credit card imprinted to be charge for the "misuse of equipment" fee as well as for damage to the equipment.
5- If Participant decides to contest the credit card charges for damages, or "misuse of equipment" fees, the Participant agrees to pay for all collection efforts and fees that are required to recovery payment for damage or misuse. It is agreed that any legal action necessary will be conducted in the State of Utah.
I/We understand that a credit card has been secured to cover any damages to equipment as well as to institute the " MISUSE OF EQUIPMENT FEE" WHICH IS $100.00. I UNDERSTAND THAT I WILL BE GIVEN ONE (1) ORAL WARNING PRIOR TO THE FEE BEING LEVIED AGAINST MY CREDIT CARD. (Misuse of equipment is defined as riding in a manner that is not consistent with the example set forth by the tour guide.)
In the case of an accident, a basic assessment of the damage will be done within 24 hours of the incident, if it is deemed reasonable that the damage repair will not exceed $500 then we will complete a full estimate of the repairs and notify you of the amount before charging the credit card on file. If it is deemed reasonable that the damage repair will exceed $500 THEN WE WILL IMMEDIATELLY CHARGE THE CREDIT CARD ON FILE FOR $500. We will then complete a detailed estimate of the damages and notify you of the remaining balance owed.
I/We have read the Risk Release and Acknowledgement Form and agree to accept full liability for my safety as well as any minor children in my family. I/We acknowledge that the activity of riding in or on an Off-Road Vehicle (ATV, Jeep, and UTV) is potentially dangerous and I/We agree to hold harmless AJAT in the event of personal injury or death.
Driving and Safety Instructions
Tire Tracks- Always follow the tire tracks created by the guide, do not swerve or deviate from the set path.
Cell Phones and Camera’s- Drivers must stow and refrain from using cell phones/cameras while their machine is moving.
Standing While Riding- Do not stand fully upright while riding.
Front End to Rear End Collision- To avoid a front end to rear end collision, maintain a minimum of three (3) vehicle lengths of space between vehicles.
Holding Back to Speed Up- Do not increase following distances to make additional space for the purpose of speeding up.
Riding Off Camber- When the machine tips to one side or the other due to the angle of the trail, lean/shift weight to the high side of the tilt. Never extend your legs/feet away from the machine.
Riding on Rock:
a) Firm Grip- Always keep a firm grip on the handlebars with both hands.
b) Slow Controlled Climb- Never go fast or hurry when ascending on rock. Use a smooth/steady throttle and apply only enough power to move up the rock.
c) Look Ahead- There will be no tire tracks on rock. Look ahead to see proper path to follow and observe the machine in front of you.
Riding in Sand:
a) Downhill- Do not make sharp turns. Turning should be wide, sweeping, and gradual. You may feel your steering slightly drift.
b) Uphill- Momentum is the key. Allow extra space. Gain speed prior to the climb. Accelerate up the complete climb to carry momentum. Adjust speed appropriately for terrain after completion of climb.
c) Sidehill- Maintain speed and momentum over top of arch. No sharp turns. If you loose momentum or feel your rear end slipping, always turn down the hill.
d) Transition- when transitioning from an ascending to descending direction on a sand hill, keep throttle steady and do not attempt to spin the back tires of the machine you are driving.
Reality Check ‘Overconfidence’- Remember your skill level. Always ride the way you know how, not the way you ‘think’ you know how. Injuries and equipment damage are the results of riding overconfident.
**THESE INSTRUCTIONS WILL BE REVIEWED WITH YOU IN PERSON BY YOUR GUIDE AT THE BEGINING OF YOUR TOUR
-Once you have read the Driving and Safety Instructions, please initial