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FLY FISHING RELEASE AND INDEMNITY AGREEMENT (Includes FFPR)

Read Carefully

I, the undersigned, and if a minor, my parent/guardian and I (collectively “I” or “my”), in consideration of being allowed to participate in fly fishing, transportation to and from the waters fished, instructions, or use of Sundance Mountain Resort’s (the “Resort”) 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. The risks include NATURAL, MAN-MADE, ENVIRONMENTAL CONDITIONS AND INHERENT RISKS, including changing weather, mud, rocks, natural and man-made obstacles, equipment failure and the negligence of others. “Inherent risk” with regard to fly-fishing activities means those dangers or conditions, which are an integral part of fly-fishing. I expressly agree to assume all risks of injury, loss, falls, 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, Fly Fishing Provo River, LLC (“FFPR”) and their respective owners, affiliates, insurance carriers, agents, employees, property owners, 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 abide by the rules and regulations of the Activity provided by the Resort and FFPR. 

2.   Release & Indemnity. To the fullest extent allowed by law, I agree to fully release the Released Parties from all liability for damages, losses, injuries, or claims, including any from the negligence of the Released Parties to myself or any other person or property, which in any way relates to my participation in the Activity. I agree that this release includes all claims regarding transportation to and from the waters fished, instructions, or conditions of the fly fishing area, structures or equipment utilized in fly fishing activities, 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 Partiesare 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 and FFPR 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.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
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*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Persons under the age of 18 are required to have a Parent or Legal Guardian (Responsible Party) read and countersign this release. To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue the Released Parties, including for negligence. The Responsible Party releases all of their rights or claims against the Released Parties including wrongful death damages and agrees to indemnify the Released Parties for any other Responsible Parties’ claims even if the Released Parties are negligent. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate control and protect the minor(s) from all of the risks involved in the Activity. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against the Released Parties. The Responsible Party agrees to make all decisions concerning the minor’s participation in the Activity and use of the Resort.


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 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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