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OMNIBUS CONSENT, RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as “I” or “me” or “my”) desires to participate in any or all activities offered on the premises listed in Exhibit A (whether singular or plural, hereinafter referred to as the “Activities”) provided by Zion Canyon Hot Springs, a Delaware limited liability company with offices located at 202 W 300 S, La Verkin, UT 84745 (the “Company” or “Zion Canyon Hot Springs”). In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this Omnibus Consent, Release and Waiver of Liability and Assumption of Risk (this “Release”), including in Exhibit A and all Annexes thereto and all acknowledgements and consents therein, to the extent applicable based on the Activities in which I choose to partake. I agree to comply with the Company rules as posted on the premises or otherwise communicated to me in writing, including, but not limited to, the policies set forth in Exhibit B. The Company reserves the right to change such rules in its discretion, with or without notice. I understand that my continued participation in the Activities signifies my agreement with any rules as currently posted or communicated to me in writing. I understand that the Company reserves the right to refuse to provide access to the premises and/or any Activities to me at any time and for any reason at its sole and exclusive discretion. I represent that I am in good physical condition and do not know of any condition or reason that I should not participate in any Activities. I acknowledge that the Company is not responsible for the security of items left on the premises and that my use of the premises and participation in the Activities is at my own risk.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT THE SPECIFIC RISKS VARY FROM ACTIVITY TO ACTIVITY BUT RANGE FROM MINOR INJURIES SUCH AS SCRATCHES, BRUISES, SPRAINS, LIGHT-HEADEDNESS OR DIZZINESS AND TENDERNESS TO MAJOR INJURIES SUCH AS DROWNING, JOINT OR BACK INJURIES, HEART ATTACKS, HEAT STROKE, CONCUSSIONS, AND DEATH. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I FURTHER ACKNOWLEDGE THAT ANY SUCH INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY MY OWN UNDERLYING MEDICAL CONDITION (INCLUDING PREEXISTING MEDICAL ISSUES OF WHICH I MAY OR MAY NOT BE AWARE). NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY, AND ITS OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT.

I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENAL TIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY ANY RELEASEES, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities, but acknowledge and understand that such medical treatment may not be available on the Company premises at any given time. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services. Additionally, I understand that the Company’s personnel in the course of the Activities do not diagnose illness, disease, or physical or mental disorders, nor do they prescribe medical treatments, pharmaceuticals, or perform spinal manipulations or skeletal adjustments and that nothing said in the course of the Activities should be construed as such. I acknowledge that the Activities are not a substitute for medical examination or diagnosis, and that it is recommended I see a primary health care provider for that service. I acknowledge that I am participating in any Activity at my own risk and am advised to seek, and am responsible for seeking, medical advice from a certified third-party medical professional before participating in any Activity.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Washington County, Utah and I hereby consent to the exclusive jurisdiction of such courts.



BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE THE REQUIRED EVIDENCE OF MY ASSENT TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AM AT LEAST 18 YEARS OF AGE AND FULLY COMPETENT.

PLEASE SIGN YOUR FULL NAME BELOW IF YOU AGREE

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age). By signing above, the Parent or Court-Appointed Legal Guardian agrees that they and the minor are subject to all the terms of this document, as set forth above.

Please keep a copy of this Omnibus Consent, Release and Waiver of Liability and Assumption of Risk form for your records. If you have any concerns or questions before, during, or after the treatment, please do not hesitate to contact Zion Canyon Hot Springs.

Thank you for choosing Zion Canyon Hot Springs as your wellness destination.



First Participant's Name
First Name*
Last Name*
Phone*
Select Gender
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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*
Select Gender
Parent or Guardian's Date of Birth*
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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