In consideration of the services of Epic Recreation LLC & Eprec Equipment LLC, their agents, owners, officers, volunteers, participants, personnel, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ER LLC & EE LLC"), I hereby agree to release, indemnify, and discharge ER LLC & EE LLC, 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 in guided fishing, wake surfing lessons and rentals of boats/trailers, UTVs, PWCs, jet skis, boats, gooseneck trailers, touring trucks, kayaks, paddleboards, water trampoline, watersport & amusement 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: drowning; slips and falls; collision with fixed or movable objects or other 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; the negligence of other participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity. There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that riders could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; further, passengers can be thrown off the vehicles which can result in any of the above events occurring; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; the machine itself may fail; and slips and falls are always a possibility on hikes. Furthermore, ER LLC & EE LLC 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. 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 ER LLC & EE LLC 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 ER LLC & EE LLC’s equipment or facilities, including any such claims which allege negligent acts or omissions of ER LLC & EE LLC. 4. Should ER LLC & EE LLC 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 ER LLC & EE LLC, I agree to do so solely in 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 ER LLC & EE LLC 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. Dated: October 1, 2024 |
