HORSEBACK RIDING 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 horseback riding (including but not limited to mounting, riding, dismounting, walking, grooming, feeding, use of horse barn, paddock, trails or horse ring, in any capacity), instruction, transportation, or use of Sundance Mountain Resort’s (the “Resort”) and/or Sundance Stables and/or A Plus Horses 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. Inherent risk with regard to the Activity means those dangers or conditions which are an integral part of the Activity which may include, NATURAL, MAN-MADE, AND ENVIRONMENTAL CONDITIONS, including but not limited to, changing weather, mud, rocks, natural and man-made obstacles, mounting; riding; dismounting; walking; grooming; feeding; use of horse barn, paddock, trails or horse ring, in any capacity; falling off horse whether horse is bucking, flipping, spooked; or my failure to understand any equine professional’s directions relating to my riding or otherwise use and control, or lack thereof, of my horse or the horse I have been assigned to; the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; collisions with other animals or objects; and the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability (the “Risks”). 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, Sundance Stables, Rocky Mountain Outfitters, LLC, A Plus Horses, L.L.C., and their respective owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, and shareholders (collectively the “Released Parties”). I agree that I am mentally and physically able to participate in the Activity and that I have received all information necessary to participate. I shall accept and abideby the rules of the Activity.
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 result in any way from my participation in the Activity. I agree that this release also includes all claims relating in anyway to the Risks above, the design, maintenance, manufacture, horseback riding instructions, or conditions of the horseback riding area, course, structures or equipment utilized in the Activity, 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.