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The ROAM General Liability Waiver


WAIVER AND RELEASE OF LIABILITY 

THIS IS A LEGAL DOCUMENT. By signing it, you are limiting your ability to recover from ROAM Outdoor Adventure Co, LLC, and it's associated entities, (hereafter “ROAM”), including East Zion Experiences, ROAM Unlimited, the State of Utah School and Institutional Trust Lands Administration, The Federal Bureau of Land Management, Cave Lakes Canyon Ranch LLC and other associated entities as released and indemnified for any damages you sustain or incur while participating in any outdoor activity offered by ROAM, including but not limited to hiking, canyoneering, UTV tours, and/or Horseback riding. If you have any questions about the legal consequences of this document, please obtain advice from a lawyer prior to signing. This document must be signed before you participate in any activity with ROAM. You agree not to sue ROAM for any claims you may have and to indemnify, defend and hold harmless ROAM for any claims made by you or your child or any other individual in your care or under your supervision by any group, organization, or entity.

NOTICE: THIS IS A LEGALLY BINDING CONTRACT. In consideration of the services of ROAM Outdoor Adventure Co, LLC and it's associated entities, it’s agents, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively referred to herein as ROAM Outdoor Adventure Co, LLC), I hereby agree on behalf of myself, my children, my parents, my heirs, successors, assigns, personal representative and estate as follows: I HEREBY ACKNOWLEDGE THAT THIS ACTIVITY ENTAILS KNOWN AND UNANTICIPATED RISKS, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential and inherent qualities of this activity. The risks may include, among other things, potential for slips and falls, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions and/or other injuries. Other risks may include transportation to, from, and during the activity, getting lost, lightning, cold or hot weather injury, including frostbite and hypothermia, heat stroke or exhaustion or even more severe life-threatening hazards. During an activity there may be contact with plants, animals or insects that could create hazards such as stings, allergies, and associated diseases. In addition to the risks listed above, there may be risks specific to this activity, which I accept as they are inherent to this activity.

I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGER AND RISK INVOLVED.

I release and discharge ROAM Outdoor Adventure Co, LLC from any claims or liability for any injuries, death, disabilities or property loss or damage I may sustain while participating in this activity with ROAM Outdoor Adventure Co, LLC even if arising out of the negligence of ROAM Outdoor Adventure Co, LLC. This release, however, does not extend to loss or damage arising out of intentional acts or from the gross negligence of ROAM Outdoor Adventure Co, LLC. In the event ROAM Outdoor Adventure Co, LLC is held liable for negligence in any form, the damages shall be reduced by my, or my child’s percentage of negligence or contributory negligence. I hereby voluntarily agree to indemnify, defend and hold harmless ROAM Outdoor Adventure Co, LLC. From any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use, my children’s use, or use by someone a member of my organization’s use of ROAM Outdoor Adventure Co, LLC. Equipment, facilities, including any such claims which allege negligent acts or omissions of ROAM Outdoor Adventure Co, LLC. Should ROAM Outdoor Adventure Co, LLC be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold it harmless for all such reasonable attorney’s fees and costs.

I also agree I shall be financially responsible for any expenses incurred or damages suffered by me or any other participant as a consequence of my personal acts or omissions while participating in this activity. I certify that I, my child, or other individual under my care and supervision have adequate health insurance to cover any injury or damage we may suffer while participating in this activity. I further certify that we have no medical or physical conditions, which could interfere with my safety or the safety of others in this activity. In the event that I file a lawsuit against ROAM Outdoor Adventure Co, LLC, I agree to do so solely in the State of Utah, in the County of Kane, and I further agree that the substantive law of that state shall apply in the action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I fully realize and accept the responsibility to myself and to the other participants to carry out all activities according to ROAM Outdoor Adventure Co, LLC procedures and in a safe and prudent manner. 

I give my permission to use any images taken of me for any media purpose (except pornographic and defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that I have had sufficient opportunity to read this entire document and to ask questions. I have read and understood it, and I agree to be bound by its terms. By signing this release of liability and engaging in these activities, I agree to defend and indemnify, and hereby fully and forever release, discharge, indemnify and hold harmless ROAM and its employees and agents from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my use, or my child’s use or intended use of said activities, facilities or equipment. I fully and forever release and discharge ROAM and its employees and agents from any and all negligent acts and omissions in the same, and intend to be legally bound by this release.

By signing this form, I acknowledge that I have read this document in its entirety and fully understand this release. I am at least eighteen (18) years of age and agree to the terms above. I am signing of my own free will and volition. I agree that my electronic signature is valid and fully enforceable, and shall bind me to the terms of this Agreement to the fullest extend under the Law.



First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email
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*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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