Bear Hollow Resort, LLC
Guest Lodging, Activity, Water Sports & Equipment Rental
Release of Liability, Waiver of Claims, assumption of Risks & Indemnity Agreement
1. Each person participating in the Activity (defined below) is called “Participant.” I, the undersigned, am a Participant; if a Participant is a minor/infant, I am the Participant’s parent or legal guardian. I understand that participating in water skiing, wakeboarding, tubing, swimming, rafting, wake surfing, jumping into the water, fishing, diving, snorkeling, boating, jet skiing, paddle boarding, canoeing, kayaking, water tube launch, cable skiing, kneeboarding, skimboarding, ice skating, hockey, outdoor grilling, fireplace or firepit use, riding bikes, participating in other recreational activities, renting equipment and using the facilities, including but not limited to use of the parking lots, walkways, homes, trails, and other equipment, for any purpose (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY and DEATH.
2. I understand the dangers and risks of the Activity and that Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity.
3. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Falling or loss of balance; icy, slick or uneven surfaces; changing water flow, currents, wave action, eddies, whirlpools, and vessel wakes; collision with other participants; collision with watercraft, whether owned or operated by Bear Hollow, collision with man-made or natural objects; the negligent actions and/or omissions of other participants; your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions; your sense of balance, physical coordination, ability to operate equipment, and ability to swim; wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning; the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms; equipment failure, improper use of equipment and/or impacting equipment; heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration; cold weather related injuries or illnesses, including hypothermia or frostbite; chill, shock and/or dizziness which may increase your reaction time; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
4. Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding, and complying with all signage, including instructions on the use of all equipment, including all watercraft. Participant must have the physical dexterity and knowledge to use the equipment safely. I understand that a minor Participant may use the equipment without an adult present. I understand that falls, collisions, and injuries are common while being towed behind a watercraft at any speed.
5. If Participant rents equipment, I agree to accept the equipment rented “AS IS,” accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. I agree to assume and accept all known and unknown risks of injury to Participant while using this equipment.
6. In consideration for allowing Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Bear Hollow Resort, LLC, Bear Hollow Ranch, LLC, Bear Hollow Sports, LLC, Bear Hollow Lakes Homeowners Association, Inc., Liquid Assets H20, LLC, Kokopelli Investments, LLC, (collectively, “Bear Hollow"), each of their affiliated companies and subsidiaries, the resort owner/operator, land owner, activity operator, the equipment manufacturer, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, volunteers, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY. In further consideration for allowing Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
7. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM, OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
8. I represent that Participant is in good health and that there are no particular problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care providers to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.
9. I agree that I will follow all instructions of any onsite property manager or other representative or agent of Bear Hollow while on the Property. I agree to comply with all provisions of the Rental Rules attached hereto as Exhibit A.
10. The Parties, including the Released Parties, shall use the procedure outlined in this Section 10 to resolve any dispute, contest, or claim among any one or more of them as it relates to this Agreement, the use of the premises by the Rental Party, or any claim of personal injury or other damage (all of which are referred to hereinafter as a “Dispute”).
A Dispute may be submitted to binding arbitration upon the election of Bear Hollow. Such Dispute shall be settled by arbitration according to the rules of the American Arbitration Association. Any judgment rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator may conclude arbitration proceedings without a decision if the arbitrator determines that insufficient evidence was produced through the arbitration process to support a decision. The selection of the arbitrator(s) shall be subject to the approval of both Bear Hollow and the Rental Party.
As to any Dispute in which Bear Hollow does not elect arbitration, the Parties hereby consent to the jurisdiction of the courts of the State of Utah, County of Box Elder.
The provisions of this Paragraph are intended to supersede any rules governing mediation or arbitration under the law of Utah or any other jurisdiction.
11. I agree that all claims for loss, injury, or death arising from Participant’s participation in the Activity shall be governed by the law of the State of Utah and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State of Utah.
12. BY SIGNING ON BEHALF OF A MINOR/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/INFANT PARTICIPANT and acknowledge that all the terms of this Agreement bind Participant. I understand that the minor/infant Participant would not be permitted to participate in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud, that I am at least 18 years old. I understand that a minor/infant Participant may use the equipment and facilities with a parent or legal guardian present.
13. I understand that this Agreement will apply for each day Participant participates in any Activity for 12 months following the Participant’s signature of this agreement. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives. If any part of this Agreement is deemed unenforceable, the remaining terms shall be an enforceable contract between the parties.
ADULT PARTICIPANT INFORMATION – Required to Complete, Sign & Date Below
MINOR/INFANT PARTICIPANT INFORMATION - Requires Parent/Guardian to Complete, Sign & Date Below
Date: December 2, 2023
- Smoking and illegal drugs are strictly prohibited anywhere on the Property.
- Alcohol is prohibited anywhere on the Property without prior written notice to Bear Hollow. Any Guest who has been given written permission to do so assumes all responsibility and liability associated with the consumption of the same and compliance with all applicable laws.
- Fireworks are not permitted on the Property at any time.
- Jumping off buildings, decks, balconies, or roofs is strictly prohibited. Jumping off the boat house or the pier is allowed only in designated areas and only when wearing a life jacket.
- Being on roofs or countertops; scaling walls; or climbing trees, fences, or furniture is strictly prohibited.
- Guest must ensure that all appliances are used solely for their intended uses.
- No children under twelve (12) years of age are permitted in a hot tub unless accompanied by an adult. Before using a hot tub, all persons must wash their feet and keep the hot tub free of grass and sand, debris, food, or other items. If a hot tub must be drained and excessively cleaned due to excessive debris (other than per routine procedures), Guest will be charged an extra hot tub cleaning fee of five hundred dollars ($500) for the large hot tub and two hundred fifty dollars ($250) for the small hot tub.
- Do not flush paper towels, feminine hygiene products, or other inappropriate items down the toilets.
- Inside towels are not to be taken outside. Instead, use only designated outside/hot tub towels outside. Guest will incur additional fees for inside towels used outdoors and any other damages to towels generally.
- Do not use sleeping mats outdoors.
- Excessive noise or public disturbance is expressly prohibited. Any outside noise is limited to the hours between 8:00 AM and 10:00 PM.
- Guest shall not violate any law, statute, or ordinance, nor commit or permit any nuisance in, on, or about the Property or in any way to annoy, molest, or interfere with any Property neighbor's peaceful co-existence.
- Guest may NOT use the premises for a commercial operation, commercial presentation, or business other than executive retreats scheduled in advance with Bear Hollow.
- Any personal items left on the Property after Guest vacates the Property shall be considered abandoned and will be removed and disposed of by Bear Hollow. If an item appears to be of some significant value, Bear Hollow shall attempt to notify the Guest for clarification. However, Bear Hollow is not responsible for any personal items left on the property. Guest is responsible for doing a thorough walk-thru before departure from the Property.
- Vehicles are to be parked only in designated parking areas. Parking on the road is NOT permitted. Any illegally parked cars are subject to towing; applicable fines/ towing fees are the sole responsibility of the vehicle owner.
- Tents, blow-up toys, Dutch ovens, and other similar items are permitted only in designated areas and may be subject to removal by Bear Hollow staff for maintenance purposes.
- The maximum number of persons occupying the boat at any time shall be limited to the stated boat occupancy and consistent with applicable boating laws.
- Life vests MUST be used by all persons under the age of fifteen (15) or those who cannot swim.
- Guest must follow all applicable boating laws at all times.
- No person under the influence of drugs or alcohol is permitted in the water or a boat at any time.
- Boats always have the right-of-way outside of designated swimming areas. All persons shall remain in or immediately return to the designated swimming areas if a boat is present.
- Bear Hollow uses security cameras on the Property, and Guest is notified of and consents to the same.
- Fishing is catch and release, other than for carp or mud catfish, which are to be thrown away. Fishing on the lake is private and does not require a fishing license. However, fishing on the Bear River requires a valid Utah fishing license and is at the Guest’s own risk.
Date: December 2, 2023