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AGREEMENT OF RELEASE, ASSUMPTION OF RISK AND WAIVER OF LIABILITY

I hereby agree to the following:

I am participating and visiting the grounds at Swell Retreat and Swell Camping (the “Retreat”) and recognize that the Retreat requires physical exertion, and interaction with equipment and environments that may be dangerous and result in injury to myself or my property. I am fully aware of the risks and hazards connected with my participation in the Retreat, including, but not limited to, physical injury or even death. I hereby voluntarily elect to participate in the Retreat, knowing that the associated physical activity and equipment interaction, together with the natural environment, may be hazardous to me and/or my property.

I acknowledge that it is my responsibility to consult with my physician or other licensed healthcare provider prior to or regarding my participation in the Retreat. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or otherwise limit my full participation in the Retreat or have obtained written approval from my physician or other licensed healthcare provider for my participation in the Retreat in spite of such disability or condition. I agree to immediately discontinue my participation in the Retreat if I believe at any time my participation poses a threat to myself or any third party. I consent to receive medical treatment, which may be deemed advisable, in the event of injury, accident, and/or illness during my participation in the Retreat. I agree to immediately alert Retreat staff or authorized personnel regarding any risks to myself or others that I become aware of.

In consideration of being permitted to participate in the Retreat, I voluntarily assume full responsibility for ANY RISKS or LOSS, PROPERTY DAMAGE, or PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or LOSS or DAMAGE TO PROPERTY owned by me.

In further consideration of being permitted to participate in the Retreat, I hereby release, waive, and discharge Swell Camping, LLC & Swell Retreat, LLC and/or any of its officers, servants, agents, consultants, volunteers, and/or employees and the owner of the premises where the Retreat is conducted and/ or any of its officers, servants, agents, consultants, volunteers, and/or employees from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including, but not limited to, death) that may be sustained by me, or to any property belonging to me, while participating in the Retreat, or while on or upon the premises where the Retreat is being conducted including, but not limited to, any claims arising under negligence. I further and covenant not to sue Swell Camping, LLC & Swell Retreat, LLC and/or any of its officers, servants, agents, consultants, volunteers, and/or employees or the owner of the premises where the Retreat is conducted and/or any of its officers, servants, agents, consultants, volunteers, and/or employees under any such claims.

It is my expressed intent that this waiver and release shall bind any and all members of my family, including, but not limited to, my spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. It is also my expressed intent that this waiver and release shall also be deemed a full release, waiver, discharge, and covenant not to sue insofar as my aforementioned family members, heirs, assigns, and personal representatives are concerned. I hereby further agree that this waiver and release shall be construed in accordance with the laws of the State of Utah. I agree that any litigation or cause of action concerning the Retreat or activities associated with it must be brought in the District Court in and for Salt Lake County in the state of Utah.

I understand while participating in the Retreat, I may be photographed and agree to allow my photo, video, or film to be used or reasonably modified for any legitimate purpose by the Retreat holders, producers, sponsors, and organizers.

In signing this waiver and release, I acknowledge and represent that I have read and understand the foregoing and I sign it voluntarily as my own free act and deed. No oral representations, statements or inducements, apart from the foregoing written agreements have been made, and I execute this waiver and release for valuable consideration, intending to be bound by the same.

In addition, the rules of the Retreat are as follows:

-Little Lake Elevate:

We love having fun and want your stay to be as fun as possible with everyone in your party leaving with smiles on their faces! As a result these rules have become mandatory to ensure, as best as possible, that everyone stays safe.

Any violation of the below rules will result in one verbal warning, the second time will result in your lost participation in that particular fun zone. If another fun zone area rule is violated you will be asked to sit on the shore line while the rest of your party has fun. Parents and guardians or adults responsible for party are responsible for ensuring each person knows and follows the rules in their group.

  1. Each person recreating on Little Lake Elevate must have a fun zone orientation and safety brief prior to recreation.
  2. Zipline rules: one person at a time on the zipline; no bouncing on the line; weight limit is 250 lbs; earliest drop is past the ladder in the water; ensure hands are dry and do not have lotion/sunscreen on them; ensure you have a rope man/woman; if you aren’t comfortable in the water a life jacket is required; keep your head up to the horizon when you let go so you don’t face plant in the water; zipline use is at your own risk; no lifeguards on duty.
  3. Wibit Floating Island rules: no more than 15 people on the Wibit at once (3 people per section); no shoes allowed; no objects allowed on the Wibit; no boats of any sort near or touching the Wibit; life jackets are required for minors (unless parent/guardian assumes that risk); no fishing around the Wibit.
  4. Kayak and Paddle Board Rules: the paddles with one end are for the paddle boards; the paddles with two ends are for the kayaks and can’t be used with the paddle boards (they will break); put the boats back at the shore with the paddle on top of them; if a paddle is lost or broken your party will be charged $150 per broke or lost paddle.
  5. Fishing rules: if you lose a hook be sure to retrieve it or let someone in charge know to retrieve it; catch & release; do not fish near swimmers or the Wibit.
  6. Water Slide rules: one person at a time; if their are tubes involved they must be used only for the slide and no other area on the water; return the tubes to the proper bin after use; do not put the tubes on the ground, in vegetation or anywhere other than the slide or in the proper bin; any damage to a tube will be $125; slide is at your own risk.
  7. Do not put human waste in the little lake, use a porta potty. Parents/guardians & responsible leaders be sure to do regular bathroom breaks with your children. If you are found letting human waste in the water you will be charged $500 and will be asked to leave and never return.
  8. No trash in Little Lake Elevate, use the garbage receptacles at the pavilions.
  9. No smoking within 500 feet of the recreation areas. Do not leave your cigarette butts on the ground. If found doing so, you will be charged $100.

-Camp Sites (applicable if camping at the retreat):

  1. Clean up all food that falls on the ground immediately to prevent ants.
  2. Clean up all tables daily, this helps to keep them well maintained for longevity.
  3. Pit toilet is off limits. Use the porta potties.
  4. Only one person per hammock or swing, if they are included in your camp site.
  5. If your staying in the Cottonwood Grove, allow 3 hour turn around time for a water refill (keep the water tank accessible). Clean the grills after each use and wipe down the side tables. If you need a propane swap please let us know and give us 1 hour turn around time. Clean up the sink and grub hub.
  6. Once your trash liner is full, put it at the corner of your camp site for easy pickup. Do not overfill the garbage sacks to the point they can’t be tied up. There will be more liners in the bottom of your trash receptacle. Ensure your trash goes into a trash liner in the garbage can; if the liner falls down, pull it up and fix in place or it will be your responsibility to move your garbage from the receptacle to a trash bag.
  7. If you bring a dog(s) then it is your responsibility to clean up after them and properly dispose of their waste into a garbage receptacle. If we find waste from your dog you will be asked to clean it up promptly.
  8. Check out time is 10 AM on check out day. The next guest checks in at 11 AM and it is important we have this time in-between guests to service the camp site. Please ensure the site is cleaned up and in the condition you found it. If something breaks please notify us so we can figure out compensation for the loss. If you check out past 10 AM there will be a charge of $20 per minute.

Today's Date: June 10, 2023

First Guests Name

First Name*

Last Name*

Phone*
First Guests Date of Birth*
I certify that I am 18 years of age or older
First Guests Information
I'm camping*
No
Yes
First Guests Signature*
Second Guests Name

First Name*

Last Name*
Second Guests Date of Birth*
Second Guests Information
I'm camping*
No
Yes
Third Guests Name

First Name*

Last Name*
Third Guests Date of Birth*
Third Guests Information
I'm camping*
No
Yes
Fourth Guests Name

First Name*

Last Name*
Fourth Guests Date of Birth*
Fourth Guests Information
I'm camping*
No
Yes
Fifth Guests Name

First Name*

Last Name*
Fifth Guests Date of Birth*
Fifth Guests Information
I'm camping*
No
Yes
Sixth Guests Name

First Name*

Last Name*
Sixth Guests Date of Birth*
Sixth Guests Information
I'm camping*
No
Yes
Seventh Guests Name

First Name*

Last Name*
Seventh Guests Date of Birth*
Seventh Guests Information
I'm camping*
No
Yes
Eighth Guests Name

First Name*

Last Name*
Eighth Guests Date of Birth*
Eighth Guests Information
I'm camping*
No
Yes
Ninth Guests Name

First Name*

Last Name*
Ninth Guests Date of Birth*
Ninth Guests Information
I'm camping*
No
Yes
Tenth Guests Name

First Name*

Last Name*
Tenth Guests Date of Birth*
Tenth Guests Information
I'm camping*
No
Yes
Guests Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
I'm camping*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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