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Non-Member: Release of Liability, Acknowledgement of Risks, and Consent Agreement

 

I understand that the sport of diving has inherent risks, including serious physical injury or death.  Accordingly, in exchange for the ability to participate in swimming and/or diving activities (including high diving) (my “Participation”) at the UOLF Utah Olympic Park (the “Facilities”), I agree to each of the following items in this Release of Liability, Acknowledgement of Risks, and Consent Agreement (this “Agreement”).

  1. I AM AWARE AND UNDERSTAND THAT MY PARTICIPATION IS DANGEROUS AND INVOLVES THE RISK OF SERIOUS PERSONAL INJURY, BODILY INJURY, PARALYSIS, DEATH, OR PROPERTY LOSS OR DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES OR LOSSES THAT I SUSTAIN MAY BE COMPOUNDED BY THE NEGLIGENCE OF OTHERS, INCLUDING EMERGENCY RESPONSE OR RESCUE OPERATIONS. I AM VOLUNTARILY ENGAGING IN MY PARTICIPATION WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, PARALYSIS, DEATH, OR PROPERTY DAMAGE. I assume these risks regardless of the cause of injury, the facilities used, the activity participated in, or the date or time on which the injury is allegedly sustained, and regardless of whether the injury occurs before, during or after the time of my Participation. 
  2. I will follow all rules and all instructions regarding my Participation.  However, I acknowledge and understand that my Participation is inherently dangerous, so I may nevertheless suffer injury or property damage.  I represent and warrant that (i) I am in good health and am physically and mentally capable of my Participation; (ii) I have no physical, mental, or other health conditions that may affect my Participation; and (iii) I am not under the influence of any drugs or alcohol during my Participation.  
  3. I accept as-is and with all faults the Facilities (including without limitation any equipment or anything else in or associated with the Facilities).  I agree that there is no warranty of any kind, including no implied warranty of merchantability or fitness or any other kind of express or implied warranty, in connection with the Facilities or anything else in connection with my Participation.  I acknowledge that my Participation involves only services.
  4. I RELEASE AND FOREVER DISCHARGE INTERNATIONAL HIGH DIVING INSTITUTE LLC AND USA DIVING, INC., AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, CONTRACTORS, AND REPRESENTATIVES, (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, DAMAGES, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH MY PARTICIPATION, INCLUDING WITHOUT LIMITATION ANY INJURY TO PERSON (INCLUDING DEATH AND INJURIES I SUSTAIN AS A RESULT OF THE RELEASED PARTIES’ NEGLIGENCE) OR PROPERTY RESULTING FROM, OR OCCURRING BEFORE, DURING, OR AFTER MY PARTICIPATION, WHETHER IN THE UNITED STATES OR ELSEWHERE, AS WELL AS FOR ANY MEDICAL TREATMENT. THIS RELEASE SHALL BE CONSTRUED AS BROADLY AS PERMISSIBLE UNDER APPLICABLE LAW.
  5. To the maximum extend allowed by law, I will indemnify, defend, and hold harmless the Released Parties from and against any and all expenses, damages, claims, suits, actions, awards, attorneys’ fees and liabilities or any kind or nature (“Third Party Claim(s)”) arising out of or in any way related to my Participation, except to the extent of the gross negligence or willful misconduct of the Released Parties. The Released Parties shall be entitled to control the defense of, and otherwise represent their interests in, the Third-Party Claim, including the right to select and direct legal counsel and other consultants, and in good faith to propose, accept, or reject settlement offers.  My indemnification obligation applies to amounts paid in good faith settlement of any Third Party Claim.  Nothing in this Agreement prevents me from participating in my defense to any Third Party Claims at my own expense.  I will cooperate with the Released Parties, or any of them, in the contest and defense of a Third Party Claim.
  6. I understand and acknowledge that (i) I am not a member of USA Diving, Inc. (“USA Diving”); (ii) I am not entitled to any of the benefits of membership in USA Diving; and (iii) USA Diving has no involvement with, or liability for, my Participation.
  7. This Agreement is binding on my relatives, personal representatives, heirs, beneficiaries, next of kin, or assigns and shall inure to the benefit of the Released Parties.  If any provision (or portion of any provision) of this Agreement is held to be invalid or unenforceable, that provision shall be enforceable in part to the fullest extent permitted by law, and such invalidity or unenforceability shall not otherwise affect any other provision of this document.  I agree that any lawsuit filed against the Released Parties will be filed in state court or federal court in Utah and that Utah law will apply, excluding its choice of law rules.
  8. I have read and understand this Agreement and voluntarily enter into it without reservation.  My Participation is purely voluntary. No representations have been made to me other than those expressly contained herein. THIS AGREEMENT IS PERPETUAL, DOES NOT EXPIRE AND APPLIES TO EACH DAY (TODAY AND IN THE FUTURE) OF MY PARTICIPATION EVEN IF SUCH DAYS ARE NOT CONSECUTIVE AND EACH AND EVERY INJURY I SUSTAIN REGARDLESS OF WHETHER I SIGN THIS AGREEMENT BEFORE OR AFTER SUSTAINING THE INJURY.
First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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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*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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