Art Studio Workshop Release Agreement
I, the undersigned; and if a minor, my parent and I; in consideration of: participation in the various workshops (i.e. pottery, jewelry making, photography, drawing and painting, and printmaking), riding the Sundance Resort lift(s); rental of any outdoor related equipment from the Sundance Mountain Outfitter; hiking on or off the Sundance Resort property; participation in any event sponsored by or affiliated with Sundance Resort; or use of Sundance Resort’s facilities (collectively referred to herein as the “Activities”), hereby expressly accept, agree and understand the following:
Conditions. I, represent and agree: (1) That I am physically and mentally able to participate and familiar with the Activities the significant risks involved in the Activities; (2) To read and follow all instructions and signs; (3) To exercise caution and awareness of the area; and (4) That the risks encountered may not be marked or readily visible. Sundance may revoke my use of the area for unsafe conduct, rude conduct or failure to obey instructions at its sole discretion without reimbursement or appeal.
If I have rented equipment from Sundance, then I am fully responsible for all damage or loss to the equipment, and agree to pay for all repairs at full retail value or for the full retail cost of the equipment if lost or stolen.
A. Express Assumption of Risks. Persons participating in the Activities may sustain injuries, including death, head injuries, burns and broken bones. The risks include, but are not limited to: falling; use of the pottery kilns; use of the hand tools and torches; inhalation of chemicals; problems loading, unloading or riding the lift; changing weather, wildlife, lightning, trees, rocks, structures, varying terrain, steepness, mud, holes, dust, cliffs, gravel, narrow trails, negligence of others and/or negligent actions 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”). I expressly agree to assume all risks of any loss, damage, or injury resulting in any way from the Activities including any negligence on the Released Parties’ behalf.
B. Release of all Liability (Including Negligence). 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 result in whole or in part from my participation in the Activities. I expressly agree to release the Released Parties for its negligence in causing in whole or in part any injury or damage to me.
C. 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 any way from my participation in the Activities or my rental of Equipment. 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 repayment of all attorneys’ fees and cost 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.
D. Final Agreement. I understand and agree that this integrated contract is binding upon my heirs and legal representatives and is a final and complete agreement. If portions of this Agreement are invalid, then I agree that the remaining portions will remain enforceable.
I HAVE READ, AGREE TO AND UNDERSTAND THIS AGREEMENT.