1. I acknowledge that use of a stand up paddleboard (SUP), paddleboard, canoe, kayak, foam mat (also referred to as the Activity), including accessory equipment (including, but not limited to water ski flag, anchor, rope, personal flotation device (PFD), ankle leash, paddle, etc.), is hazardous and involves a great risk of physical injury. I assume all risks associated with the Activity including, but not limited to, varying water conditions, obstacles, other canoes, kayaks and boats, other kayakers and water users, domestic or wild animals, natural and manmade objects, varying weather conditions, as well as varying depth and currents. I acknowledge that use of a SUP, canoe, or kayak may involve serious personal injury or even death. I hereby recognize and assume those risks on my own behalf and on behalf of my child or children and any other minors within my care (Minors).
2. In consideration of the purchase, rent, or demo of a SUP, canoe, kayak, foam mat, and/or accessory equipment from Dig Paddlesports, LLC (The Shop), I agree to release and hold harmless The Shop, its subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors and employees, volunteers, participants, equipment suppliers or manufacturers, as well as Sand Hollow State Park Complex, its subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors, employees and volunteers (collectively the Released Parties) from any and all claims I might have as a result of the Activity, including those claims based on negligence or breach of warranty. Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever brought by a third party for any damage which I may cause or which any other person may cause while engaged in the Activity.
3. I agree to return all equipment rented, tested, or demoed in the same condition as I received it, normal wear and tear accepted. I understand and agree that I am responsible for the stand up paddleboard, canoe, or kayak and any accessory or protective equipment provided, and that I will be charged a reasonable amount for repair or replacement, at The Shop’s discretion, of that equipment in the event of damage or loss. I acknowledge that the Shop has advised me the use of a U.S. Coast Guard-Approved Personal Flotation Device (PFD) is mandatory.
4. If I am signing this liability release on behalf of a minor, less than 18 years of age (the child), I represent that I am the parent and/or legal guardian of the child; I accept responsibility for all the child's medical expenses incurred in connection with the Activity; I agree to indemnify the Released Parties for any and all claims brought by the child; and I agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with the child.
5. RELEASE OF RIGHTS TO AUDIO, VIDEO AND/OR PHOTOGRAPHIC IMAGES. I agree that The Shop may use such photographs and/or videos of me and/or children with or without identifying information for any lawful purpose, including such purposes as publicity, illustration, advertising, and Web content. I hereby grant The Shop on behalf of myself and any Minors in my care and in connection with the Activity to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the Minors. On my behalf and on behalf of the Minors, I waiver any right to inspect or approve the use of any such photographic image, audio or video. I agree that The Shop will be the exclusive owner or all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.
6. In exchange for The Shop allowing me to rent or demo the aforementioned equipment, I contractually agree that any and all disputes between myself and The Shop arising from my use of this equipment OR my participation in the Activity, INCLUDING any claims for personal injury, are to be resolved in the county where the alleged tort occurred or federal court of the State of Utah.
Date: January 24, 2020