In consideration of and as a condition to allowing (“Participant”) to take part and/or, to be present in any capacity, whether as a participant or otherwise, in any trip, excursion, tour or similar event; and/or, to use any routes, facilities, or equipment related to such event; and/or, to act as a participant in any such event, in the broadest sense; (all of which are collectively herein referred to herein as “Services and Activities”) rendered, sponsored, or provided to Participant by Uinta Adventures, or any of its agents, owners, members, directors, officers, affiliates, principals, sponsors, sanctioners, volunteers, servants, employees, suppliers, contractors, guests, participants, parent or sister or subsidiary entities and all other persons or entities acting in any capacity on behalf of Uinta Adventures (all of which are also referred to herein as the “Released Parties”); Participant, on behalf himself or herself and his or her spouse, children, parents, heirs, assigns, personal representative and estate does hereby release, hold harmless and agree to indemnify the Released Parties of and from any and all claims, demands, actions or rights of action, costs, losses, damages, liabilities and expenses, of any kind or nature whatsoever, known or unknown (collectively, "Claims") that Participant or anyone claiming on Participant’s behalf may now or hereafter have, including without limitation, any and all Claims for illness, injury to or death of any person or any loss, damage to or theft or destruction of any property resulting or claimed to result from or arising out of any of the Services and Activities rendered, sponsored or provided by Uinta Adventures, including specifically such as may arise out of or be claimed to arise out of the negligence or omissions of any Released Party.
Participant acknowledges that he/she has been informed and is aware of the risks and dangers that are inherent with any off road vehicle and/or Waverunner activity such as transportation to and from such activity; off-road vehicle and/or Waverunner orientation and training; operating, driving, co-driving or as a passenger in off-road vehicles and/or Waverunner; whether on public or private land and/or body of water; or whether on improved roadways, trails, or off-road; maintenance and repair of vehicles and/or Waverunners; all of which entail known and unanticipated risks that could result in physical or emotional injury, death, or damage to the Participant, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of these activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in normal day to day activities and that these inherent risks contribute to the enjoyment and excitement and are an integral reason for the Participant’s participation in this activity. As a Participant, I understand and acknowledge that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity; and, that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in these activities. Communication headsets may be available for use by Participants with off road vehicles, which are incompatible with most helmets. Participants may opt to use communication headsets without using a helmet and do so at their own risk.
The inherent risks associated with these activities in which I am about to participate include, but are not limited to:
Dirt roads and trails, or turbulent weather conditions and the possibility that I will be jolted, jarred, bounced, thrown to and from and shaken about during rides upon these roads, trails and off trail and it is possible that I could be injured if I come in contact with my off road vehicle or another off road vehicle or other equipment necessary to the operation of an off road vehicle (hereinafter referred to collectively as “Off Road Equipment”). The Off Road Equipment may break down or be faulty; it is possible that loss of control of the Off Road Equipment could occur resulting in collision, overturning; or crashing, and that if a piece of Off Road Equipment turns over or crashes I could be thrown out. I could slip and fall when getting on or off a vehicle or be thrown out of the Off Road Equipment even on flat terrain. I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or getting to and from the Off Road Equipment and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. The Off Road Equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, boulders, bridges, etc. Accidents can occur getting on and off the equipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold can result in hypothermia and in extreme cases death; I may encounter dangerous wildlife, snakes, insects, etc.; I can receive musculoskeletal injuries, including injury to my head, neck, back and extremities; should injury occur communication in the terrain in which these activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Note: I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, pain, or death.
Turbulent weather conditions and the possibility that I will be jolted, jarred, bounced, thrown to and from and shaken about during rides upon the Waverunner. It is possible that I could be injured if I come in contact with my Waverunner or another Waverunner or other equipment necessary to the operation of a Waverunner (hereinafter referred to collectively as “Waverunner Equipment”). The Waverunner Equipment may break down or be faulty; it is possible that loss of control of the Waverunner Equipment could occur resulting in collision, overturning/capsizing; or crashing, and that if a piece of Waverunner Equipment turns over/capsizes or crashes, I could be thrown off. I could slip and fall when getting on or off a Waverunner or be thrown off of the Waverunner Equipment even on flat or calm wat e r . I could be negligent and/or the others around me could be negligent, including but not limited to operator error and decision making including misjudging distances, depths, weather, other individuals on the water, and route locations. The Waverunner Equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, floating logs or debris, other boats, etc. Accidents can occur getting on and off the equipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold can result in hypothermia and in extreme cases death; I may encounter dangerous wildlife, snakes, insects, etc.; I can receive musculoskeletal injuries, including injury to my head, neck, back and extremities; should injury occur communication in the terrain in which these activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Note: I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, pain, or death.
Services and Activities may involve lodging at third-party commercial establishments outside of the control of Uinta Adventures or camping in rustic and rugged situations which may present ‘comfort style’ issues for which I accept responsibility. Food preparation may be a part of some of the Services and Activities and I acknowledge my responsibility to inform Uinta Adventures of any specific food related allergies; I may be eating in the outdoors or community style environments and that some of the food may not be to my liking; there may be errors in food storage or preparation that could cause my dissatisfaction and/or illness; water purification systems may or may not be used and/or may or may not function correctly; I specifically acknowledge that, in the event I choose to consume alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to the equipment or to other guests. I acknowledge that I could be left alone, unsupervised and/or out of contact with a guide/staff person for extended periods of time. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. Although Uinta Adventures seeks safety, its employees, contractors and agent are not infallible and do not guarantee your safety, fitness or abilities; may misjudge weather or other environmental conditions; may give incomplete warning or instructions, and the equipment used may malfunction.
Express assumption of Risk: As a Participant, having read and understanding these Inherent Risks, acknowledge that my participation in these Services and Activities, in spite of the risk, is purely voluntary, that I am ultimately responsible for my own safety during my participation in these Services and Activities. I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity including risks of bodily injury, death, or property damage, whether caused by negligence of any released party, the actions or inactions of others whether a participant or otherwise.
Indemnity: Should Uinta Adventures, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, as a Participant, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless for all such fees and costs. I further agree to indemnify and hold each of the Release Parties harmless from and against any and all claims brought by other persons or entities arising out of my actions or inactions in anyway related to the Services and Activities.
Personal Skill & Insurance: As a Participant, I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the Services and Activities. I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves. I agree to abide by all rules, policies, procedures and guidelines of Uinta Adventures and I further agree to be responsible for injuries to others or property claims of others caused by me or my children as a Participant in the Services and Activities.
Operation of Waverunner/Limitations of Use: With respect to the operation of the Waverunner(s) during the rental period, I agree, represent, and warrant the following:
a. That under U.S. Federal Law, it is illegal to discharge anything into the water and that I am responsible for the penalties and fines for doing such;
b. That no other driver/operator shall operate the Waverunner(s) unless such person is listed as an additional authorized driver/operator on the rental agreement;
c. That all authorized drivers of the rented Waverunner(s) must be at least 18 years of age minimum;
d. That I agree to stay on marked waterways at all times and will not litter at any time;
e. That I understand that I am completely responsible for any tickets or citations received during the rental period;
f. That no dogs, cats, or other pets shall be taken aboard the Waverunner(s);
g. That I shall not operate the Waverunner(s) in a willful disregard for the safety of the persons or property in a manner that might endanger the life or limb of any person or any property;
h. That I shall not fasten the Waverunner(s) to any navigation maker or buoy, except in an emergency and shall not operate the Waverunner(s) in any manner which shall unreasonably constitute a navigational hazard;
i. That all passengers and operators will wear a personal flotation device while operating or riding on the Waverunner(s) and obey all wake zone speed limits and other appropriate local laws;
j. That I will not dry dock, pull onto the beach or secure my rental to anything that will cause hull damage to the Waverunner(s); and
k. That I am aware that I cannot operate the Waverunner(s) in less than 4 feet of water. This unauthorized operation will likely cause impeller damage that will be paid for by renter.
Jurisdiction, Venue, etc.:
a. This Agreement shall be binding upon, and inures to the benefit of the parties and their respective and permitted successors, assigns, and personal and legal representatives;
b. This Agreement shall be governed by and enforced in accordance with the laws of the State of Utah, without regard to its conflicts of law principles;
c. If any portion of the Agreement is found to be void or unenforceable, the remaining terms shall remain in full force and effect;
d. Any action or proceeding seeking to enforce any provision of, or base upon any rights arising out of, this Agreement may be brought against any of the parties in the courts of the State of Utah, Summit County, or if it has or can acquire jurisdiction in the United States District Court of the District of Utah and each of the parties consents to the jurisdiction of such courts, (and of appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein;
e. A copy of this Agreement can be used as if it were the original and
f. This document along with the Uinta Adventures ATV/UTV/Waverunner Rental Agreement, which is incorporated herein by reference, constitute the entire Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement between Participant and Uinta Adventures and cannot be modified or changed unless in a writing signed by the parties.
Acknowledgment and Agreement: As the Participant, I acknowledge and agree that I have read this Agreement and fully understand that I have given up substantial rights by signing it freely and voluntarily without any inducement, assurance or guarantee being made to me. By extending my signature below, I intend to completely and unconditionally release the Released Parties from any and all liability to the greatest extent allowed by law. If signing below as a Parent or Legal Guardian, I acknowledge that I have read the foregoing Agreement and I agree that the Participant(s) named below, and I as their parent or guardian will be bound by the terms of this Agreement. I UNDERSTAND THAT DRIVING AN OFF ROAD VEHICLE AND/OR WAVERUNNER IS DANGEROUS AND THAT I COULD BE SERIOUSLY INURED, MAIMED OR KILLED.
Today's Date: December 7, 2022