SUNDANCE FLY FISHING RELEASE AND INDEMNITY
I, the undersigned, and if a minor, my parent/guardian and I (collectively “I” or “my”), in consideration of being allowed to participate in fly fishing, transportation to and from the waters fished, instructions, or use of Sundance Mountain Resort’s (the “Resort”) facilities (collectively the “Activity”), I hereby expressly accept, agree and understand the following:
1. Assumption of Risk. I understand that the Activity can involve SIGNIFICANT RISK OF SERIOUS PERSONALY INJURY, PROPERTY DAMAGE, OR EVEN DEATH. The risks include NATURAL, MAN-MADE, ENVIRONMENTAL CONDITIONS AND INHERENT RISKS, including changing weather, mud, rocks, natural and man-made obstacles, equipment failure and the negligence of others. “Inherent risk” with regard to fly-fishing activities means those dangers or conditions, which are an integral part of fly-fishing. I expressly agree to assume all risks of injury, loss, accidents, or damage, including, those resulting from any negligence 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”)
2. Release & Indemnity. 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, which in any way results from my participation in the Activity. I agree that 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 the Released Parties.
3. 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 in anyway from my participation in the Activity. I agree that my obligation not to sue and to indemnify and hold the Released Parties harmless applies even if the Released Parties are negligent and includes payment of all attorneys’ fees and costs incurred by the Released Parties. I agree that any lawsuit that is filed 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.
4. Medical Care. I authorize the Resort, at the discretion of any Resort employee, to obtain third party medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against the Resort and/or Released Parties for any medical or transportation expense.
5. Final And Complete Release. I understand and agree that this release is binding upon my heirs, assigns, successors-in-interest, estate 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. This release will be effective for one year commencing on the date it is signed.
6. Photographs. I irrevocably grant and agree that the Resort shall have the right to use, air, publish, or reproduce photographs, video, and pictures of my name, image, and likeness for any lawful purpose.
7. I HAVE READ, UNDERSTAND 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 release.
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 release. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue the Released Parties, including for negligence. The Responsible Party releases all of their rights or claims against the Released Parties including wrongful death damages and agrees to indemnify the Released Parties for any other Responsible Parties’ claims even if the Released Parties are 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 Activity. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against the Released Parties. The Responsible Party agrees to make all decisions concerning the minor’s participation in the Activity and use of the Resort.