PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS This Agreement must be signed by all visitors of Elan Stone Fort, LLC, a Utah limited liability company (“ESF” collectively referred to herein with ESF’s employees, owners, officers, directors, members, managers, agents, independent contractors, successors, assigns, and collectively with each of their respective employees, owners, officers, directors, members, managers, agents, independent contractors, successors, and assigns, as “Elan”). If the visitor is a minor, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in “Elan Activities” (defined below) and other persons that enter any property owned by Elan and/or take part in any activity with any party employed by, engaged by, or related to, Elan. I recognize that my execution of this Agreement, as evidence of my acceptance of the terms of this Agreement, is an essential part of Elan’s willingness to allow me to participate in Elan Activities, and without it, Elan would not permit participation in Elan Activities. In consideration of the opportunities and services provided by Elan hereunder, and in accordance with the terms and conditions of this Agreement, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows: ACTIVITIES: This Agreement applies to all property owned by Elan, other facilities that Elan uses for its activities, and any outdoor or remote locations where Elan is conducting activities, or has otherwise permitted me to engage in any Elan Activities. “Elan Activities” include, but are not limited to, the following: activity of any kind, including by way of illustration and not limitation, spectating, climbing, belaying, bouldering, fitness classes, camps, classes, travel to activity areas, use of parking areas, renting or borrowing equipment from Elan, and other activities of any kind, and use of property, facilities and/or equipment of Elan. RISKS: I recognize and understand that there are extreme risks, hazards and danger in Elan Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury, paralysis or death. The risks involved in Elan Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas; falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces (whether natural or manmade); being struck by other visitors or objects; loose handholds or loose rock, equipment failure (even if equipment is properly used); the conduct, including intentional or negligent conduct, of other visitors, participants and others; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; and a variety of other risks, including those that are foreseeable and unforeseeable. These and other risks are inherent in participating in Elan Activities, and cannot be eliminated without changing the nature of the visit and participation in Elan Activities. Participation in Elan Activities is voluntary and visitors may withdraw from participation at any time, and are hereby advised to withdraw at any time they feel uneasy or feel their safety or well-being may be compromised in any manner whatsoever. ASSUMPTION OF RISKS: Understanding the forgoing risks and dangers, and understanding that innumerable other risks will be encountered, I expressly assume all risks associated with Elan Activities, inherent and otherwise, and whether or not described above. If the visitor is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in Elan Activities nevertheless, and I hereby consent to such minor’s participation in Elan Activities. RELEASE OF LIABILITY AND INDEMNITY:I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and agree to release, discharge and indemnify (that is, defend and pay, including costs and attorneys’ fees) each and every party associated with Elan (collectively, the “Released Parties”) with respect to any damages, claims, liability, or causes of action arising out of my, or the minor child’s, participation in Elan Activities. This obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors and their respective families, and a member of my, or the minor visitor’s, families, arising out of my, or the minor visitor’s, participation in Elan Activities. OTHER:I am, or the minor visitor is, capable of participating in Elan Activities, and have no mental or physical condition that would cause me, or the minor visitor, to be of danger to ourselves or others. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear and equipment and declare that it is in good condition for use. I understand that Elan is not liable in any manner whatsoever for any lost or stolen equipment or personal items. I understand that Elan has no duty to monitor my participation in Elan Activities, and recognize that personnel of Elan, rescue personnel, medical personnel, and medical facilities or expertise will not likely be readily available to address any injuries, damages, or circumstances which I, or the minor visitor, may encounter or experience. In the event of an accident, I authorize Elan to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Elan, medical care is needed and I am unable to make such decisions. I agree to pay all costs associated with such actions on the part of Elan, and to indemnify and hold Elan harmless from any consequences resulting from such care. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. I understand that this Agreement constitutes the entire agreement between Elan and myself regarding the subject matter contained herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in any and all Elan Activities. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement. This Agreement shall be construed in accordance with the laws (but not the conflict of law provisions which might invoke the laws of another jurisdiction) of the State of Tennessee and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the minor visitor hereby submit to the exclusive jurisdiction of the courts of Salt Lake County, Utah, or such other courts which Elan, in its discretion, may elect to try the case. I voluntarily waive any right I or the minor child may have to a jury trial in any action under this Agreement.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS,RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, and each of our respective, heirs, assigns, and administrators.
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