Important: This is a Legal Document that Affects Your Rights. Please Read Carefully Before Signing. In consideration of being permitted to participate in guided snowmobile tours (the “Activity”) provided by Park City Snowmobile Adventures, LLC, a Utah limited liability company (the “Operator”), including but not limited to riding, operating, or being a passenger on a snowmobile, traversing trails, and related activities on property used by Operator, I, the undersigned Participant (or the Parent/Guardian on behalf of a Minor Participant), agree to the following terms: 1. Acknowledgment of Risks. I understand and acknowledge that the Activity involves inherent risks and hazards that cannot be eliminated, even with all reasonable precautions. These risks include, but are not limited to: - Adverse weather and environmental conditions, including extreme cold, snowstorms, avalanches, whiteouts, high winds, changing snow conditions, acts of God, and encounters with wildlife or plants;
- Terrain hazards, such as steep slopes, cliffs, rocks, trees, branches, depressions, gullies, hidden obstacles (e.g., stumps, rocks), ice, uneven surfaces, deep powder, marked and unmarked trails, roads, waterways, fences, or other natural/man-made objects;
- Equipment issues, including mechanical failures, malfunctions (e.g., throttle, brakes, steering), manufacturing defects, or improper use;
- Operational risks, such as collisions with snowmobiles, vehicles, animals, or objects; falls, rollovers, tipping over, or loss of control due to speed, inexperience, excessive operation, or environmental factors; participants’ failure to follow safety, trail, or guide instructions; attempts to exceed skills; and responsibility to avoid areas beyond ability or comfort level, even on guided tours;
- Physical and health-related risks, including exertion leading to fatigue, hypothermia, frostbite, dehydration, altitude sickness, consumption of food/drink, or contact with animals/plants;
- Remote location challenges, including limited access to medical care, delays in emergency response, or unavailability of immediate treatment;
- Human factors, including negligence or errors by guides, participants, or third parties;
- Serious injury, paralysis, permanent disability, or death.
I recognize that snowmobiling is a high-risk recreational activity, and participation may result in personal injury, property damage, or death. I voluntarily assume all such risks, whether known or unknown, inherent or otherwise. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in bodily injury, death, illness, or damage to myself, to my property, or to others. I expressly accept those risks not specifically listed above as well. 2. Assumption of Risk. I freely and voluntarily assume all risks associated with the Activity, including those arising from the negligence of the Operator, its employees, agents, guides, or other participants. I understand that the Operator cannot guarantee my safety and that I am responsible for my own well-being, including assessing my physical fitness, skill level, and ability to participate safely. My participation in this Activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks. 3. Release and Waiver of Liability. I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE the Operator, all landowners or entities providing access to trails or facilities, including but not limited to Robert H. Garff Ranch Family, LLC, Garff Ranch Management. L.L.C., Garff Ranch Properties, L.L.C., S-W Ranch Properties, L.L.C., Five and Two Ranches LLC, J.K. Ranches Limited Partnership, RHG Family, LLC, Garff Enterprises, Inc., Garff Rogers Ranch, LLC, GRR-Summit, LLC, GRR-Wasatch, LLC, Browns Canyon Ranching Co., LLC, and Double H Ranches, LLC, and each of their respective members, managers, owners, officers, directors, employees, agents, contractors, affiliates, (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, damages, losses, or expenses (including attorney’s fees) arising out of or related to any injury, illness, disability, death, property damage, or loss I may suffer during or as a result of the Activity. This release includes, but is not limited to, claims based on negligence, breach of warranty, strict liability, or any other legal theory, except for claims arising from gross negligence, willful misconduct, or intentional acts that cannot be waived under Utah law. I understand that this release is as broad and inclusive as permitted by Utah law. I understand and acknowledge that by signing this document, I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against the Released Parties, including specifically, but not limited to, rights arising from or claims for the negligent acts or omissions of the Released Parties. In signing this document, I fully recognize that if anyone is hurt or property is damaged while I am engaged in the Activity, neither I, nor any Minor I have signed on behalf of, will have no right to make a claim or file a lawsuit against the Released Parties, even if the Released Parties negligently caused the bodily injury or property damage. 4. Indemnification and Hold Harmless. I agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all claims, demands, losses, damages, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to my participation in the Activity, including those brought by third parties or resulting from my own actions or negligence (including, without limitation, claims for bodily injury, property damage, or other losses caused by me to third parties). If I am signing on behalf of a Minor, this indemnification extends to claims related to the Minor’s participation. 5. Medical and Fitness Representations. I certify that: - I am physically fit and have no medical conditions, impairments, or limitations that could affect my safe participation in the Activity.
- I am not under the influence of alcohol, drugs, or any substances that impair judgment or reaction time, and I will not consume such substances during the Activity.
- I consent to receive emergency medical treatment if needed, at my own expense. I understand that medical facilities may be limited or delayed in remote areas, and the Operator assumes no responsibility for providing medical care.
- I certify that I have sufficient health, accident, and liability insurance to cover any bodily injury or property damage I may incur while participating in this Activity and to cover bodily injury or property damage sustained by a third party as a result of my participation in this Activity. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability.
- If I (or the Minor, if applicable) am operating a snowmobile, I certify that I (or the Minor) am at least 16 years of age and possess a valid driver’s license. I agree not to allow anyone under 16 years of age to operate a snowmobile.
6. Equipment and Instructions. I agree to inspect any equipment provided by the Operator (e.g., snowmobiles, helmets, safety gear) and notify the Operator immediately of any concerns. I assume all risks associated with using such equipment, whether rented, borrowed, or my own. I will follow all instructions, rules, and safety guidelines provided by the Operator, including wearing required protective gear (helmets) at all times. I understand and acknowledge that the Operator has explained to me the importance of wearing a helmet while participating in the Activity. I acknowledge that the Operator has provided a helmet for my participation in the Activity. I acknowledge that it is my responsibility to wear the helmet at all times while participating in the Activity. I am physically and mentally able to operate the snowmobile and I am familiar with snowmobile operation and will follow all rules and regulations for the safe operation of the snowmobile. I will read and follow all verbal and nonverbal instructions and signs. I understand there are written warnings and instructions placed on the dash and side panels of the snowmobile by the manufacturer. I understand it is my responsibility to read and adhere to all the manufacturer warnings and instructions. If I do not understand them, it is my responsibility to ask for clarification. I agree that the Operator may revoke my permission to participate and prevent my use of the snowmobile for unsafe conduct, rude conduct, or failure to obey instructions. I agree not to let anyone else operate the snowmobile without prior knowledge and written permission from the Operator. 7. Snowmobile Responsibility. If I have rented or been provided a snowmobile or related equipment by the Operator, I understand and agree that I am responsible for the care, custody, and control of the snowmobile and equipment during my participation in the Activity. Except as expressly provided below, I agree that I am fully responsible for any and all loss of, damage to, or destruction of the snowmobile or equipment, including the full cost of repair or replacement, regardless of fault. The Operator provides no warranties of any kind whatsoever, express or implied, as to the snowmobile, accessory equipment, guided tour, location, or terrain. 8. Optional Equipment Damage Waiver (Not Insurance). In consideration of payment of a non-refundable fee of $50 per snowmobile, I may elect to purchase an Optional Equipment Damage Waiver (the “Damage Waiver”). The Damage Waiver is not insurance and does not provide liability coverage or coverage for personal injury or damage to third-party property. If I elect the Damage Waiver, my financial responsibility for accidental damage to the snowmobile during the Activity shall be limited to the first $1,000 of covered repair or replacement costs per snowmobile. Any covered damage costs in excess of $1,000 shall be paid by the Operator. The Damage Waiver does not apply to, and does not cover, any damage, loss, or liability resulting from or related to: - Gross negligence, reckless operation, or willful misconduct;
- Intentional or malicious damage;
- Operation while under the influence of alcohol, drugs, or any impairing substance;
- Failure to follow guide instructions, safety rules, or operating guidelines;
- Operation outside authorized areas or designated routes;
- Collisions caused by excessive speed, misuse, or unsafe operation; and/or
- Rollovers, abandonment, theft, or loss of the snowmobile or equipment.
If I decline the Damage Waiver, I understand and agree that I am fully and personally responsible for all loss or damage to the snowmobile and equipment, without limitation, including the entire cost of repair or replacement.
9. Use of Likeness. I grant the Operator permission to use any photographs, videos, or recordings taken during the Activity for promotional purposes, without compensation or further approval. 10. Governing Law and Severability. This agreement shall be governed by the laws of the State of Utah, without regard to conflict of laws principles. Any disputes arising from this agreement shall be resolved exclusively in the courts of Summit County, Utah. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the extent necessary to make it enforceable. 11. Binding Effect. This Agreement shall be binding upon me and my heirs, next of kin, executors, administrators, and assigns, and shall inure to the benefit of the Operator and its successors and assigns. 12. Acknowledgment and Voluntary Agreement. I HAVE READ THIS ENTIRE AGREEEMENT CAREFULLY AND UNDERSTAND ITS TERMS. I AM SIGNING IT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT OR DURESS. No oral representations or statements outside this document have been made. I am at least 18 years old or, if signing for a Minor, I am the Minor’s parent or legal guardian with authority to bind the Minor to these terms. Date: October 12, 2026 |