2021 ZipTour® Release and Indemnity Agreement
I, the undersigned, and if a minor, my legal guardian and I (collectively “I” or “my’), in consideration of being allowed to participate in Sundance Mountain Resort’s (the “Resort”) ZipTour® (the “Activity”), hereby expressly accept, agree and understand the following:
Assumption of the Risks: The Activity includes but is not limited to: riding a chair lift, walking on rocky, uneven mountain terrain, the ability to understand and follow warnings and instructions, sliding on an elevated and tensioned track cable while wearing a harness and associated hardware and holding onto and engaging a brake dampening system, controlling my speed and controlling my starting and stopping of the ride. I understand, accept and acknowledge that the Activity involves many risks, including high elevations, high rates of speed, environmental hazards (including terrain and weather), high winds, use of the chair lifts (including but not limited to loading and unloading a moving chairlift on foot), mechanical breakdown, equipment failure, hilly, rocky and wooded terrain, cliffs, ravines, creek beds, potential harmful plants, animals and insects, failure to follow instructions, errors in judgment, or failure to exercise reasonable care by staff or participants in the Activity, or otherwise, and may occur in spite of the reasonable efforts of staff to prevent them. I understand and acknowledge that these risks can lead to severe injury, including but not limited to, fear and panic, psychological trauma, scrapes, head injuries, bruises, cuts, broken bones, paralysis, hand and finger injuries, bites, stings, sprains, damage or loss to personal property and, in extraordinary cases, even death. Injuries may result from environmental hazards. The risks include the negligent actions of Sundance Mountain Resort, Storyteller Canyon Property Owner LP, Storyteller Canyon Operating Company, LLC, Sundance Partners, Ltd., Sundance Development Corporation and their respective owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, and shareholders (collectively the “Released Parties”). I expressly agree to assume all risks of any loss, damage or injury related or resulting in any way from the Activity, and/or using the premises at the Resort, including any negligence of the Released Parties.
Physical and Mental Health: The Activity is designed for participants of average mobility and strength who are in reasonably good health. I represent and warrant that I have the physical and mental health necessary to participate in the Activity, including walking on rough terrain from the lift to the loading area, unloading the lift, controlling my own speed with the braking system, and possessing the necessary strength for that, the ability to understand and hear the English language, to receive instructions and warnings to participate in the Activity, and the ability to see signs, markers, and warning signals. I understand that certain factors including but not limited to pregnancy, back or spine problems, heart or lung issues, high blood pressure, arthritis, tendonitis, fear of heights and other physical and psychological conditions may impair the safety and well-being of participants in the Activity. I acknowledge that the Activity is not recommended for anyone who has a history of neck, back or spine injuries. Participants with underlying medical problems that put them at greater risk of injury or illness during the Activity should not participate.
By signing this release I represent and warrant that:
I am not pregnant;
I am at least ten years old;
I am between 50 and 260 pounds; and
I am between 48” to 82” tall.
Warnings and Instructions: The Resort will be providing warnings and instructions regarding how to operate the zipline equipment. I agree, represent and warrant that I will listen to, read, ask questions and follow all warnings and instructions. I agree, represent and warrant, that if I do not understand the warnings and instructions, and am unable to properly operate the braking system, that I will not participate in the Activity. My participation in the Activity confirms my understanding of the warnings and instructions.
Release of Liability: To the fullest extent allowed by law, I agree to fully release the Released Parties from all liability for damages, injuries, or claims, including any from the negligence of the Released Parties to myself or any other person or property, that in any way results in whole or in part from my participation in the Activity and/or use of the Resort’s premises.
No Lawsuit/Hold Harmless: To the fullest extent allowed by law, I agree not to file any lawsuit against the Released Parties, and to indemnify the Released Parties and hold them harmless for any damages, injuries, judgments or lawsuits, resulting from my participation in the Activity and/or use of the premises. I agree that my obligation not to sue and to indemnify and hold the Released Parties harmless applies even if they are negligent and includes payment of all attorneys’ fees and costs incurred by the Released Parties. I agree that any lawsuit that I file against the Released Parties shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
Photography Release: I give the Resort permission to take and use photographs, video recordings or movies of myself (or my minor) taken during the Activity to be used in marketing and/or public relations material in the promotion of the Resort or Activity.
Final and Complete Release: I understand and agree that this release is binding upon my heirs and legal representatives and is a final and complete release. If portions of this release are invalid, then I agree that the remaining portions will remain enforceable. I agree that my participation in the Activity is conditioned on my acceptance and signing of this release and is proof of my acceptance and agreement to the terms of this release.
I HAVE READ, UNDERSTAND AND VOLUNTARILY SIGN THIS RELEASE. I REPRESENT AND WARRANT THAT I HAVE BEEN TRUTHFUL IN ALL INFORMATION PROVIDED AND MY AGREEMENTS HEREIN.
Persons under the age of 18 are required to have an Adult Responsible Party or Legal Guardian read and countersign this release.
To the fullest extent allowed by law, the Adult Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Adult Responsible Party agrees with and acknowledges Adult Responsible Party and minor’s express assumption of risk, acceptance of the risks of the Activity, release of liability, indemnity and covenants not to sue the Released Parties including for negligence and/or wrongful death. The Adult Responsible Party is responsible for the minor’s listening, reading and following of all instructions and warnings including explaining and enforcing all rules of the Activity. The Adult Responsible Party agrees to undertake all duties and responsibilities to educate, control and protect the minor from all of the risks involved in the Activity and/or use of the area. The Adult Responsible Party agrees to determine whether the minor is able to participate, and follow instructions and warnings as required by the Activity. The Adult Responsible Party agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against the Released Parties. The Adult Responsible Party agrees to indemnify and hold harmless the Released Parties for any damages caused by their own breach of the release and their obligations under this release including attorney’s fees and costs incurred by the Released Parties.