This Agreement ("Agreement") is a binding agreement between Supcolo, LLC dba Adrift, UtahSup, LLC, Utah River Land, LLC, 9446 E 6000 S, LLC, and Craig Yarde ("hereinafter collectively referred to as ADRIFT") and guests(s) including parents of guests participating in All ADRIFT programs, attendant at Adrift properties and other properties involved in Adrift programs and use in, on, and of Adrift equipment. Please read the entire Agreement thoroughly. This Agreement will govern guests(s) relationship with ADRIFT and it sets out important policies and procedures guests(s) and parents of guests must abide by and consent to in order to participate in all programs through ADRIFT. This Agreement is binding and effective upon guest(s) and Parents' electronic acknowledgement that guests and parents of guests agree to the terms of this Agreement. Although ADRIFT has taken reasonable steps to provide participants with a safe experience, rafting has many risks, including inherent risks, known and unknown, of injury and/or death. Below are some but not all of them. In connection with participation, I agree as follows: 1. RISKS a. Whitewater rapids will be encountered. Guests can be jolted, jarred, bounced, thrown to and fro, and otherwise shaken during rides on the river and through the rapids. River rafting involves falls, crashes, and collisions on rocks, into trees, with other guests, and other injury producing objects. Falls can be caused by many different factors. Rafting/boating and falls can cause severe abrasions, broken bones, cuts, bruises, internal injury, head injury, and death. Rafting/boating and falls can also cause joint and ligament damage. Although helmets are required for all guests and eye protection is encouraged; head injuries and eye damage can and do still occur. b. There is also a risk of injury or death from other participants, human error or equipment defects, adverse weather conditions or the terrain. Boats can turn over or could be "thrown" with guests falling overboard as a result of unexpected wave action or your guide's misjudgment of the rapid or terrain. This activity could result in "mental anguish" or trauma from injury to any participant. c. Some rafting trips use one-or two-person inflatable kayaks, paddle boards or hard sided kayaks. Operation of these boats requires quick, vigorous paddling and experience. There is no guide in these boats/rafts and participants are on their own for all maneuvering. Therefore, riding in kayaks/paddle boards has a greater risk of injury than in guided rafts. This activity could result in "mental anguish" or trauma from injury to any participant. d. Prolonged exposure to cold water (hypothermia} leads to impaired health, or in extreme cases, death. Accidental drowning is also a possibility. e. Accidents can occur during off river hiking excursions. Trails are not maintained, and you can slip or fall during a hike, resulting in damage to equipment or personal injury. f. Accidents can occur at the camp when getting on and off the raft. Rafts are slippery when wet and can drift a distance when trying to climb on or off. Falls can be caused at camp - walking, running or using the tents, groover, chairs or otherwise. In which case you might damage or lose equipment, you might injure yourself by falling against an object or fall into the river. g. River currents are swift, therefore, all persons, especially children, are required to wear a life jacket when on or near the river. h. Exposure to the natural elements can be uncomfortable and/or harmful. This exposure could cause sunburn, dehydration, heat exhaustion, heat cramps or more. i. Rafting trips occur in wilderness settings a long distance from roads and medical services. Evacuation and medical treatment may be delayed, causing additional trauma. Adequate medical or emergency treatment may not be available immediately. j. Adrift programs, equipment, and parking most often commence or access at Adrift properties, public lands, and properties of unrelated third parties and such properties are unpaved and natural grounds, which are sometimes uneven in nature, and may present some unmarked hazards and impediments for walking, parking, and access. k. Parking any vehicle at Adrifts’ property, public lands, or at any property of unrelated third parties is at the risk of the vehicle owner, participants, and guests. No parking areas are supervised, monitored, or guarded in any respect. I understand and acknowledge the above list of possible injuries is not complete or exhaustive and that other risks relating to participation in ADRIFT's programs, parking, access, and use of equipment, known or unknown, may also result in illness, bodily injury, or death. I expressly accept the risks for myself and my children. 2. ASSUMPTION OF RISK AND RELEASE OF LIABILITY I represent that I and my children are informed and understand the risks and accept and assume all of the risks connected with participating in ALL programs through ADRIFT, including Rafting/boating, hiking, camping and related activities, such as loading and unloading equipment at the boat ramps and camps. I affirm that on his/her/their own initiative and assumption of risk, that my guests and I are permitted to and will participate. I hereby release and forever discharge ADRIFT, their members ,managers, owners, officers, agents, employees, volunteer, and stockholders, and all other persons or entities associated with those businesses, on behalf of myself and my guests(s) from all future claims, rights and causes of action which may accrue as a result of personal injuries or property losses or damages sustained by me or guests(s) arising out of or as a consequence of guests(s)' participation in ALL programs through ADRIFT, and al related activities, and events, including any such injuries, losses or damages arising out of the negligence or fault of ADRIFT. My guests(s) and I understand that the sport of Rafting/boating, hiking, camping, and related activities such as the loading and unloading people and gear, including transportation to and from the river involve risk of bodily injury to guests(s) and loss of or damage to property. Parent(s) and guests(s) knowingly and voluntarily assume that risk. 3. PARTICIPANT RESPONSIBILITY I understand and acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I agree that I, and my children, are physically and mentally capable of participating in this activity. I assume and accept full responsibility for myself, and all minor children in my care, custody and control, for bodily injury, death or loss of personal property and expenses as a result of any activity or occurrence at or related to our participation in Adrift’s programs, and I agree to pay all costs, attorneys fees, and damages awarded or incurred by Adrift in any such Action. 4. HOLD HARMLESS AND INDEMNITY I understand that I, personally and/or on behalf of my children, am responsible for our safety while participating in ALL Programs through ADRIFT. I agree to completely hold harmless, indemnify, and defend ADRIFT and their members, managers, owners, officers, agents, employees, volunteer, and stockholders, and all other persons or entities associated with those businesses,, at my sole expense, from any and all losses and costs, including any claim, lawsuit, judicial action, or similar proceeding ("Action"), including any Action brought by or on behalf of me or my guests, as a result of any activity or occurrence at or related to our participation in ALL programs through ADRIFT, and I agree to pay all costs, attorneys fees, and damages awarded or incurred by ADRIFT in any such Action. 5. WAIVER OF CLAIM I agree to waive the right to file an Action against ADRIFT in connection with any injury, property damage, or death of my children or myself as a result of any activity or occurrence at or related to my children or my participation in ALL programs through ADRIFT. To the fullest extent allowed under Utah law, I also agree to waive my children or my right to file an Action against ADRIFT in connection with any injury, property damage, or death as a result of any activity or occurrence at or related to my guests(s) or my participation in any program through ADRIFT. The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity. 6. CONSENT TO MEDICAL TREATMENT I agree that if any injury or emergency should occur while my children or I is participating in any program through ADRIFT, any ADRIFT members, managers, owners, officer’s, agents, employees, volunteer, and stockholders, and all other persons or entities associated with those businesses, is authorized to take whatever steps are reasonably necessary in his/her judgment to attend to my children(s)' or my medical needs. I agree to be responsible for any hospital expenses, doctor bills, or other expenses that may be incurred in attending to my children(s) or my medical needs. 7. TALENT RELEASE I hereby release and discharge ADRIFT, and its agents, employees, representatives and assignees from any and all claims and demands arising out of or in connection with the use of photographs or other media depicting myself or my guests(s), including without limitation any and all claims for invasion of privacy, right of publicity, and defamation. I expressly authorize ADRIFT to include photographs of my children(s) and I and to mention them by name on the ADRIFT website, in the newspaper, on the local radio and increasingly in the national media. 8. PARKING Parking any vehicle at Adrift’s property, public lands or any other property is at the sole option and risk of the vehicle owner and participants and guests with Adrift. Adrift does not provide any supervision, monitoring, or guarding of any kind or respect for any parking areas or for parked vehicles. Adrift is not responsible for any damage, vandalism, or other loss to any vehicle or the contents in any vehicle. 9. ADRIFT DRUG AND ALCOHOL POLICY The highest priority at ADRIFT is the safety and welfare of our guests. Alcohol, tobacco, vaping devices, and drugs have an adverse physical and psychological effect on guests. ALL ADRIFT guests are prohibited from using or carrying drugs (Marijuana/THC, Cocaine, Opiates, Phencyclidine, Amphetamines), tobacco, vaping and alcohol except as permitted by law or medical prescription. In the case of medical prescription, my guests and I must provide the ADRIFT office before arrival with a doctor verified medical prescription and written statement detailing the medication in use and its effects on the individual. 10. FORUM SELECTION & CHOICE OF LAW This Agreement shall be governed by, and construed in accordance with, the laws of the state of Utah. The Parties expressly agree and consent that the courts of Salt Lake County, Utah shall have exclusive jurisdiction over all actions arising from, out of, or with respect to this Agreement. REQUIRE E-SIGNATURE (FULL NAME) I have read and understood this Agreement. I have been advised to seek independent legal advice regarding its terms and I have had the opportunity to do so. I have also had the chance to ask questions of ADRIFT's representatives regarding this Agreement. I understand that by signing this Agreement I have given up certain legal rights and/or possible claims which I may otherwise assert or maintain against ADRIFT including specifically, but not limited to, rights arising from or claims for the negligent acts or omissions of the ADRIFT agreement. I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that that I am legally responsible for each term and condition. I understand that by signing this Agreement, I also assume responsibility and legal liability for any claims or legal demand, including defense costs, which may be asserted by me, my guests(s), or other third parties against me or my children as a result of participating in ADRIFT's programs, events, or activities. This agreement shall be effective and binding upon myself or warrant that I am the parent or legal guardian of the children I seek to bring and that I am authorized in such capacity to execute this Agreement.
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