In consideration of the risk of injury while participating in a 4x4 Activity (the “Activity”), and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or cause of action of any kind whatsoever arising out of my participation in the activity, and do hereby release and forever discharge Hellman's Xtreme 4x4 Tours LLC., located at 2182 US 191, Moab, UT 84532, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned activity, including traveling to and from an event related to this activity. I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, which may include but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity. I agree to indemnify and hold harmless Hellman's Xtreme 4x4 Tours LLC. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or by anyone else acting on my behalf. If Hellman's Xtreme 4x4 Tours LLC. incurs any of these types of expenses, I agree to reimburse Hellman's Xtreme 4x4 Tours LLC. I acknowledge that Hellman's Xtreme 4x4 Tours LLC. and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Hellman's Xtreme 4x4 Tours LLC. I acknowledge that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, minor injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to participants, guides, volunteers, spectators, event officials and event monitors, and/or producers of an event. I acknowledge that an inherent risk of exposure to COVID-19 and other disease and illness exists in any public place where people are present, by attending the “activity”, you and any guests voluntarily assume all risks related to exposure to COVID-19 and any other disease and illness; and agree not to hold Hellman's Xtreme 4x4 Tours LLC.; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury.” I acknowledge that I have carefully read this “WAIVER AND RELEASE OF LIABILITY” and fully understand that it is a release of all liability. I expressly agree to release and discharge Hellman's Xtreme 4x4 Tours LLC. and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal activity against Hellman's Xtreme 4x4 Tours LLC. for personal injury or property damage. To the extent that statute of case law does now prohibit releases for negligence, this release is also for negligence on the part of Hellman's Xtreme 4x4 Tours LLC., its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any and all costs incurred as a result of such treatment. I am aware and understand that I should carry my own health Insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. I understand that I am operating a vehicle or willfully participating and I undertake to indemnify Hellman's Xtreme 4x4 Tours LLC. and the vehicle owner against all liabilities for claims, demands, actions, suits, losses, costs, charges, expenses, damages, death, personal injury; whether fatal or otherwise caused during the drive by my own fault or the fault of others. I will bear all loss or damage to the vehicle and any other losses, damage, cost, and expense whatsoever and howsoever caused during the drive, without claiming from Hellman's Xtreme 4x4 Tours LLC. or the vehicle owner's motor insurance. In the event that I damage a vehicle, specifically on a guided U-Drive tour offered and guided by Hellman's Xtreme 4x4 Tours LLC. or damage another vehicle due to my negligence, I am responsible for any and all damages done to the vehicle I am driving and/or the vehicle I damaged that was not the one I was driving. I agree to pay retail price plus hourly garage rate of $100/hr for all of the damage repairs done to any damaged vehicles while I was driving. If I roll or turn over a vehicle while specifically on a U-Drive tour offered and guided by Hellman's Xtreme 4x4 Tours LLC. I agree to pay for any damages done to my vehicle, plus any damages done to any other vehicle if I damaged it, plus $100/hr garage rate. This amount will be paid at the return point of the tour. These rates apply to the negligent driver only, anybody involved whom was hit or damaged by the negligent driver is not responsible for the damages done. I Confirm that neither I, an adult visitor, nor the child, if applicable, is pregnant, nor do I or the child, have any physical or emotional conditions which would cause us to be a danger to ourselves or to others while participating in the activity, including transportation and participation in its activities. This Agreement was entered into at arm's -length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Hellman's Xtreme 4x4 Tours LLC. agree that this agreement is clean and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into. Acknowledgment of Risks I am aware that this activity entails risks of injury or death. I understand and acknowledge that the description above (“Activities and Risks”) of the risks of Hellman's Xtreme 4x4 Tours LLC. activities is not complete and that other, including unknown or unanticipated risks, inherent or otherwise, may result in property loss, injury or death. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of, and with full knowledge of, the inherent and other risks involved. I assume and accept full responsibility for myself and all minor children in my care for bodily injury, death, or loss of personal property (and expenses) as a result of risks and dangers identified herein and those risks and dangers not specifically identified as well as my negligence. I understand medical help and hospital facilities are distant or not available and I will not receive the type of care that I am accustomed to at home. I understand injuries are more likely to occur if I am using drugs or alcohol or I am not physically prepared to undertake the activity. I certify that I am fully capable of participating in this activity. I have verified with my, or the minor(s) for whom I sign, physician or other medical professionals that I, or the minor(s), have no past or current physical or psychological condition that may affect my, or the minor(s), participation in the Hellman's Xtreme 4x4 Tours LLC. activity. I am, or the minor is, able to participate without causing harm to myself, or to him or her, or to others. Medical information given to Hellman's Xtreme 4x4 Tours LLC. is accurate and all pertinent medical conditions have been disclosed. Prior to the start of the activity, Hellman's Xtreme 4x4 Tours LLC. will be informed of any medical condition that has not been previously disclosed. Costs reasonably associated with medical services, including evacuation, shall be borne by me. Any legal claims that may arise from participation in this activity shall be resolved under Utah law (not including the laws which might apply to the laws of another jurisdiction) in Moab, Utah, where Hellman's Xtreme 4x4 Tours LLC. has its principal place of business. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable, the remainder shall continue in full force and effect. This agreement is intended to be interpreted as broadly as possible to enforce its intent and purpose. This agreement may be modified only in writing. I have carefully read, clearly understood, and accepted the terms and conditions stated on this page and the previous two pages and acknowledge that this agreement shall be effective and binding upon me, my spouse, heirs assigns, personal representatives, estate and all members of my family, including minor children, during and after the period of participation in this activity.
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