RELEASE AND INDEMNITY “SUNDANCE”
I, the undersigned, and if a minor, my parent/guardian and I, in consideration of taking part in some or all of the activities at Sundance, including but not limited to fly-fishing, transportation, or use of Sundance’s facilities (collectively the “Activities”), hereby expressly accept, agree and understand the following:
1. Assumption of Risk. I expressly agree to assume all risks of personal injury, falls, accidents, and property damage, including, those resulting from any negligence of Sundance Partners, Ltd, Sundance Holdings, LLC, Sundance Development Corporation, Sundance Group, LLC, Sundance Enterprises, Inc., affiliated entities, trust instruments, Robert Redford, and all of their officers, members, partners, employees, and agents (collectively “Sundance”). I understand that the Activities can involve SIGNIFICANT RISK OF SERIOUS PERSONAL INJURY, INCLUDING DEATH.
2. Release & Indemnity. To the fullest extent allowed by law, I agree to fully release Sundance from all liability for damages, injuries or claims, including any from the negligence of Sundance to myself or any other person or property, which in any way result in whole or in part from my participation in the Activities or the risks above. This release includes all claims regarding transportation to and from the waters fished, instructions, or conditions of the fly-fishing area, structures or equipment utilized in fly-fishing activities, express or implied warranties and the negligence of Sundance. I authorize Sundance and its authorized personnel to arrange for transportation to medical facilities or medical care for the Participant, if, in the sole opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, Sundance shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation shall be paid by the undersigned and the undersigned does hereby release, indemnify and hold harmless Sundance of and from any costs incurred therein.
3. No Lawsuit/Hold Harmless. To the fullest extent allowed by law, I agree not to file any lawsuit against Sundance, and to indemnify Sundance and hold it harmless for any damages, injuries, judgments or lawsuits, resulting in anyway from my participation in the Activities. I agree that my obligation not to sue and to indemnify and hold Sundance harmless applies even if Sundance is negligent and includes repayment of all attorneys’ fees and cost incurred by Sundance. I agree that any lawsuit that is filed against Sundance shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
4. Photographs. I irrevocably grant and agree that Sundance shall have the right to use, air, publish, or reproduce photographs, video, and pictures of my name, image, and likeness for any lawful purpose.
5. I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGN THIS RELEASE AND INDEMNITY AGREEMENT.
Persons under the age of 18 are required to have a Parent or Legal Guardian (Responsible Party)
read and countersign this agreement.
To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this Agreement. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue Sundance, including for negligence. The Responsible Party releases all of their rights or claims against Sundance including wrongful death damages and agrees to indemnify Sundance for any other Responsible Parties’ claims even if Sundance is negligent. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate control and protect the minor(s) from all of the risks involved in the Activities. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against Sundance. The Responsible Party agrees to make all decisions concerning the minor’s participation in Activities and use of Sundance.