In consideration of the services of Epic Recreation LLC; Eprec Equipment LLC & Epic Recreation Idaho, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "EPIC"), I hereby agree to release, indemnify, and discharge EPIC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation with inflatable waterpark and water trampoline activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, 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: accidental drowning; slips and falls; collision with fixed or movable objects or watercraft; raft capsize and entrapment; high wind, waves, or other inclement weather; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; musculoskeletal injuries including wrist, arm, shoulder, head, neck and back injuries; rope burns; exposure to potentially dangerous wild animals, aggressive and/or poisonous marine life, insect bites, and hazardous plant life; falling off of or being thrown from the unit; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure or operator error; transmissible pathogen or disease; the negligence of other participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity. 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. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EPIC 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 EPIC’s equipment or facilities, including any such claims which allege negligent acts or omissions of EPIC. 4. Should EPIC or anyone acting on their behalf, be required to incur lawyer'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 EPIC, 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 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 EPIC on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at EPIC. 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. |