By participating in the Matt’s Off-Road Recovery Off Road Wrecker Games event at Sand Hollow State Park, you agree that you will abide by all of the below notes and rules (listed below), in addition to the Park’s rules and regulations reproduced below, related to your participation at the event. You also agree that Matt’s Off-Road Recovery is offering this opportunity to you only, and that Matt’s Off Road Recovery is not involved in the Park’s activities. Matt’s Off-Road Recovery is only offering you this opportunity in consideration of this acknowledgment and waiver. Any use to broadcast, or any pictures, descriptions, or accounts of the wrecker games without Matt's Off-Road Recovery's consent is prohibited. THIS IS A NO ALCOHOL EVENT – ALCOHOL SUBJECT TO CONFISCATION. YOU RELEASE, WAIVE, COVENANT NOT TO SUE, AND DISCHARGE MATT’S OFF-ROAD RECOVERY AND ITS AFFILIATES FROM ANY LIABILITY, CLAIM, DEMAND, AND CAUSE OF ACTION DUE TO YOUR PARTICIPATION IN THIS EVENT FOR ANY LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, OR FOR ANY PROPERTY DAMAGE, WHETHER CAUSED BY NEGLIGENCE BY PARK OFFICIALS OR ANY PERSON INVOLVED IN ANY WAY WITH MATT’S OFF-ROAD RECOVERY OR OTHERWISE. Event Notes and Rules: • Do not cross barriers around competition areas • Beware of slip/trip/fall hazards due to terrain, vegetation, etc. • Bites from insects and/or wildlife • Hazards due to weather exposure and inclement weather conditions • Dehydration due to low humidity and elevation • Operating around moving vehicles (Shuttle ATVs with drivers will be provided; ride at own risk) • Personally owned vehicles and conveyances operated at own risk • You are responsible for your own safety throughout the event • Please obey all staff and volunteer instructions • No alcohol – alcoholic beverages will be confiscated Sand Hollow State Park Guidelines
Pets must be leashed and under control at all times. Please clean up after your pet. Quiet Hours must be observed, which is from 10 p.m. – 6 a.m. Campfires are allowed only in designated fire rings. Do not leave fires unattended. Firearms are prohibited. Fireworks are prohibited Plants and animals in the state park are protected and it’s unlawful to remove, alter or destroy. Campsites are only for those that paid for the campsites. They are not to be used for day-use. Climbing on the jumping rocks area is hazardous and you do so at your own risk. Glass is prohibited in the park. Do not tread on vegetation Park in designated areas only. Vandalism is unlawful to mutilate or deface any natural or constructed feature or structure. Sand Mountain requires all off roading rigs to have a whip flag and must be registered for UT state. All machines must be currently registered. Utah law requires anyone under 18 to wear a helmet. Ride responsibly, don’t just ride anywhere and everywhere in the park. Machines are not welcomed anywhere in the park.
Mad Moose Rentals:
PRODUCT RENTAL AGREEMENT Please read completely before signing. This Product Rental Agreement (the "Agreement") is made as of the date signed below between Polaris Experience, LLC d/b/a Polaris Adventures ("Company") and the undersigned ("Borrower") and will remain in effect for the duration of the use of all Products as defined below. IN CONNECTION WITH THIS PRODUCT RENTAL, COMPANY AND BORROWER AGREE AS FOLLOWS: 1. USE AND MAINTENANCE OF PRODUCT: Borrower covenants that the Product(s) as defined in ARRIVAL will be: a. Used or operated only by Borrower. b. Used and operated only within the skill and experience of the Borrower. c. Used or operated in accordance with all applicable laws, ordinances and regulations. d. Used or operated only in the United States in areas legal by state and local law, designated routes, and areas limited to within Washington County. e. Not be used in any unauthorized location or to trespass on any property which Borrower is not authorized to operate the Product. f. Not be used, operated or ridden under the influence of alcohol, drugs or any other substance that could impair judgment, driving or riding ability or motor skills during operation of the Product. g. Used or operated only in the manner for which it was designed and intended, and in its delivered configuration; it will not be modified without the express written consent of Company. h. Used or operated in accordance the recommended operating practices contained in the owner's manual, any applicable safety videos and on Product warnings, including, without limitation, the use of safety gear (e.g., helmet, eye protection) as further detailed in Exhibit A. i. Used or operated only while carrying a number of passengers for which it was designed, and all passengers are able to grasp handholds and firmly plant their feet on the footrests with their back fully against the seat back rest, as applicable. j. Maintained in first class condition, protected from loss or damage, and retaining all Company brand identification with all expenses incident to the maintenance borne by Borrower. k. Not be operated or ridden until the Borrower and all other operators and passengers execute a Product Rental Agreement and the applicable "Ride Waiver and Release" ("Ride Waiver") attached as Exhibit B. l. Not be operated while carrying passengers under the age of 18 ("Minor Passengers"), unless the driver is at least 25 years of age and the parent or legal guardian of the Minor Passenger(s). m. Not be used: i) as property for hire or for other non-recreational, commercial purposes; ii) to tow or push anything; iii) to be operated in a test, race or contest; iv) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substance or contraband; v) recklessly; or vi) while overloaded. n. Not be used while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail, or text messages. o. If Borrower's rental includes a trailer, used or operated in compliance with applicable tow vehicle and trailer Gross Vehicle Weight Ratings and not in excess of either rating at any time. Any trailer rented under this Agreement shall only be used for trailering the Product. 2. REPRESENTATIONS AND WARRANTIES: Borrower represents and warrants that: a. Borrower, and any other person operating the Product is duly qualified, skilled, and experienced in the operation of the Product. b. Borrower is 18 years of age or older and may be legally bound by this Agreement. c. Borrower has reviewed and understands the safety instructions and warnings contained in the owner's manual, any applicable safety videos, vehicle overviews and on Product warnings, including, without limitation, the use of safety gear (e.g., helmet, eye protection) as further detailed in Exhibit A. d. Borrower has received and will wear the required safety gear at all times while operating the Product. e. If Borrower is executing this Agreement on behalf of another party, the undersigned is duly authorized to execute this Agreement on behalf of the named party. f. Product, trailers and other Company equipment as part of the rental shall be returned in the same condition as when originally loaned, normal wear and tear excepted. g. If Borrower's rental includes a trailer, Borrower agrees and understands how to properly load, unload, and secure the Product to a trailer. 3. ASSUMPTION OF RISK, WAIVER AND RELEASE Borrower assumes all risks, perils and dangers in the operation of the Product. Borrower further covenants to execute the Ride Waiver, prior to any use or operation of the Product. Borrower expressly acknowledges and agrees that Borrower's covenant in this Section 3 is a material inducement to Company's agreement to rent the Product to Borrower under this Agreement, and that failure to do so is a material breach of this Agreement. 4. TERMINATION Company may terminate this Agreement at any time and for any reason. Upon termination for any reason, Borrower shall immediately cease all use of the Product and return it to Company in accordance with the Company's instructions. If Company terminates this Agreement for cause due to a breach of the warranties, representations or terms and conditions of this Agreement, all outstanding security deposits and Polaris Adventures Select credits shall be forfeited and no refunds shall be available. COMPANY WILL DENY FUTURE REQUESTS FOR PRODUCT RENTALS IF THIS AGREEMENT IS BREACHED. 5. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties with respect to the loan of the Product, including Exhibit A (Terms and Conditions), Exhibit B (Ride Waiver), Exhibit C (Accidental Damage Waiver Terms), and Exhibit D (Rental Details), which both parties acknowledge and agree are expressly incorporated herein. Each party further agrees that it is not relying upon any representation, verbal or written, that has not been reduced to writing in this Agreement In the event of a conflict in the language of the documents, the documents shall control in the following order: (a) Exhibit B - Ride Waiver; (b) this Agreement; (c) Exhibit A - Terms and Conditions; (d) Exhibit C - Accidental Damage Waiver Terms; and (e) Exhibit D - Rental Details. 6. TITLE AND TRANSFER OF PROPERTY Title to the Product shall remain with Company and Borrower shall not sell, transfer, lease, mortgage, borrow against, pledge or otherwise create a legal or equitable interest by any third party in the Property. Borrower shall not hold the Property as being owned by Borrower. 7. AMENDMENT; MODIFICATION; WAIVER This Agreement may only be amended, modified or supplemented by an agreement in writing signed by Borrower and Company. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the waiving party. Except as otherwise set forth in this Agreement, no failure to exercise or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 8. SURVIVAL The rights and obligations of the parties set forth in Sections 3-10, and those rights and obligations by their nature and context are intended to survive termination or expiration of this Agreement, including, without limitation, provisions relating to payment, indemnification, and disputes, shall survive any such termination or expiration. 9. SEVERABILITY If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement to affect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 10. ASSIGNMENT This Agreement, and the obligations expressed herein, are not assignable by the Borrower, however the Company may assign its rights and obligations under this Agreement at any time. 11. SUCCESSORS AND ASSIGNS This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and assigns. Borrower or Borrower Parent/Legal Guardian signature is below. NOTE: Borrower should contact Borrower's insurance agent or broker to verify that Borrower is covered by own insurance within the terms and conditions of this Agreement. EXHIBIT A -- Terms and Conditions for Product Rental A. ACCIDENTS OR LOSS/THEFT OF PRODUCT; ACCIDENTAL DAMAGE WAIVER Borrower agrees to comply with all directions and procedures from Company or Mad Moose Rentals LLC ("Outfitter") for reporting damage, loss or theft of the Product. This includes, without limitation, promptly reporting any and all Product damage, loss or theft to the Company, Outfitter and law enforcement. B. INDEMNIFICATION; LIMITATION OF LIABILITY; ATTORNEYS' FEES To the fullest extent permitted by law, Borrower will indemnify, and hold Company, its authorized Outfitters, parent company, subsidiaries and affiliates and their respective officers, directors, employees, shareholders, agents, representatives, successors and assigns (collectively, the "Released Parties") harmless from and against any and all liabilities, losses, claims, demands, deficiencies, causes of action, suits, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatsoever kind, now known or unknown, including attorneys' fees and the costs of enforcing the right of indemnification under this Agreement, and the cost of pursuing any insurance provider (collectively, "Losses"), including, but not limited to, those Losses arising from: (1) Borrower's possession, custody, storage, transportation, control, use, operation, and/or maintenance of the Product; (2) any bodily injury, death, loss or property damage, which directly or indirectly arises out of or is connected with the use of the Product; or (3) any breach of this Agreement by Borrower. Borrower assumes the risk of, and shall be responsible for, any Losses to the Product while the Product is in Borrower's possession or control. If the Product is beyond repair (i.e., total loss or constructive total loss), Borrower's liability to Company for the irreparable Product is the Kelly Blue Book market value of the Product. It is further agreed that if Company files any action to recover possession, the value or the cost of repairing the Product, or if Company employs an attorney to defend it in any action filed by Borrower or anyone claiming damages for personal injuries or property damage arising out of the use of the Product while in the actual or constructive possession of Borrower, Borrower agrees to pay Company upon demand any and all reasonable sums incurred by Company for attorneys' fees and court costs and expenses, through and including any appeal(s). TO THE FULLEST EXTENT PERMITTED BY LAW, RELEASED PARTIES SHALL NOT BE LIABLE TO BORROWER OR ANY OTHER PERSON FOR ANY INJURY TO OR LOSS OF GOODWILL, REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR WHETHER BORROWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN ALL CASES, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR LOSSES OF ANY KIND IN EXCESS OF THE COSTS PAID BY THE BORROWER IN THE TWELVE (12) MONTHS PRIOR TO THE OCCURENCE OF SUCH DAMAGES. C. NO WARRANTY -- INHERENTLY DANGEROUS ACTIVITY -- NO INSURANCE PROVIDED COMPANY MAKES NO WARRANTY OF ANY KIND, NATURE, OR DESCRIPTION, EXPRESS OR IMPLIED, AS TO THE QUALITY, MANUFACTURE, SAFETY, DRIVABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCT COVERED BY THIS AGREEMENT. BORROWER ACCEPTS ANY PRODUCT PROVIDED BY COMPANY IN ITS "AS IS" CONDITION WITH ALL FAULTS. BORROWER HEREBY ACKNOWLEDGES THAT RENTING THE PRODUCT IS A DANGEROUS ACTIVITY, WITH A HIGH RISK OF SERIOUS BODILY INJURY OR DEATH TO ONESELF OR OTHERS. COMPANY DOES NOT PROVIDE MEDICAL INSURANCE AND ADVISES THAT SERIOUS INJURIES CAN BE FINANCIALLY DEVASTATING. BORROWER ACCEPTS ALL RISKS AND LIABILITIES OF THIS ACTIVITY. BORROWER UNDERSTANDS THAT BY EXECUTING THIS DOCUMENT BORROWER IS GIVING UP IMPORTANT LEGAL RIGHTS. D. INSURANCE Borrower agrees to, at its own expense, maintain Bodily Injury and Property Damage Liability Insurance, with limits in compliance with local statute, covering the use of the Product during the time it is in Borrower's possession and until it is returned to Company. Company shall not be required to carry or provide Bodily Injury or Property Damage Liability Insurance during that period. Borrower acknowledges that its promise to obtain and maintain the appropriate insurance under this Section is a material inducement to Company entering into this Agreement and to its decision to loan Product to Borrower.  Borrower shall obtain and maintain the required insurance herein at all times during the term of the Agreement. Company may request a certificate of insurance from Borrower evidencing such insurance coverages at any time. Failure to maintain such insurance shall be considered a material breach of this Agreement and good cause grounds for immediate termination the Agreement and return of the Product to Company. E. REQUIRED SAFETY APPAREL Borrower agrees that the Product will be used or operated only when all users and operators wear the required safety gear listed in the owner's manual for the Product. Borrower acknowledges and agrees that wearing safety gear does not in any way guarantee safety. The required safety gear includes, without limitation, the following: ● Side-By-Side Vehicles (RGR, RZR, GENERAL): A D.O.T. approved helmet, eye protection (shatterproof goggles or helmet face shield), gloves, long sleeves, over-the-ankle boots and long trousers, seat belts, and cab nets or doors as provided on the Product. ● All-Terrain Vehicles: A D.O.T. approved helmet, eye protection (shatterproof goggles or helmet face shield), gloves, long sleeves, over-the-ankle boots and long trousers. ● Snowmobiles: A D.O.T. approved helmet, eye protection (shatterproof goggles or helmet face shield), boots, gloves, pants and jacket. ● Motorcycle: A D.O.T. approved helmet, eye protection (glasses, goggles or helmet face shield), gloves, jacket, boots and long trousers. ● Slingshot: A D.O.T. approved full-face helmet and eye protection (glasses, goggles). F. USE OF NAME, LIKENESS AND AGREEMENT Borrower hereby grants to the Released Parties, and those acting with their authority, the unrestricted, perpetual, worldwide right and license to use his/her name, photograph, likeness, voice, biographical information, and any photographs, video, verbal or written statements, or audio tape that may be taken of Borrower that includes such materials without further compensation or notice to or permission from Borrower or any third party. G. RETURN OF PRODUCT The Product shall be returned to Company or Outfitter at the place designated by Company or Outfitter, on or before the check-in time noted in Exhibit D, in the same condition it was in upon check-out or delivery, normal wear and tear excepted. Borrower shall be responsible for all transportation costs associated with the return of the Product. Borrower waives any claim which Borrower may have, or which may hereafter arise for all expenses, costs, fees (including attorneys' fees) or damages Borrower may hereafter sustain or incur by reason of any action, civil or criminal, which Company, or its agents, may take in connection with Borrower's use or retention of the Product beyond the return date. If Borrower fails to return the Product on the return date, or upon demand by Company, Borrower agrees to pay to Company upon demand the Kelly Blue Book market value of the Product. Borrower may be charged a late fee if the Product is brought back late, at Outfitter's discretion. H. DAMAGE TO PRODUCT Except for reasonable wear and tear, Borrower shall be responsible for all damage to the Product which occurs after delivery or pick up and prior to the return of the Product, in accordance with the Accidental Damage Waiver Terms, attached as Exhibit C. Borrower shall be responsible for, and agrees to pay upon demand, all costs to repair damage to the Product, including loss of use of the Product at the full day rental rate for each day from the date of damage until the Product is repaired and replaced in rental service, not to exceed Accidental Damage Waiver Terms. Any violation of this Agreement or the terms in Exhibit C will nullify Accidental Damage Waiver protection, and Borrower will be responsible for all costs to repair and replace the Product in rental service, as described above. If Borrower nullifies Accidental Damage Waiver protection and Company determines that the damage to the Product renders it a total loss, then Borrower shall pay upon demand to Company the Kelly Blue Book market value of the Product. I. CREDIT CARD AUTHORIZATION Borrower hereby authorizes Company or Outfitter to charge Borrower's credit card account provided as a part of this transaction for any and all additional rental, damage, and loss of use charges that Borrower may incur under the terms of this Agreement. All rentals are subject to a security deposit in the form of a credit card pre-authorization to be determined by Company Outfitter. Damages, penalties, and other additional charges will be taken from Borrower's pre-authorization first. A receipt of all additional charges will be available upon request. J. MEDICAL TREATMENT Borrower consents to receive medical treatment which may be deemed necessary in the event of any illness, accident, injury, or medical emergency resulting from or in connection with use of the Product. Borrower is solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. K. REFUND POLICY Refunds for cancelled reservations are only available if notice is provided at least 72 in advance of reservation. If the product is not operating properly, Borrower must report immediately. Failure to make contact will delay or forfeit any possible refunds. Depending on the availability and circumstances of failure, Company or Outfitter may replace the Product and/or issue a refund for the portion of the day the in-operation/lack of Product us occurred. Company and Outfitter are under NO obligation to issue a refund or discount for bad weather. If Borrower is not satisfied with the overall experience of the trails or areas, Company and Outfitter are in no way responsible. If Borrower is injured during the rental period and is unable to continue the rental experience for the rental time already purchased, Company and Outfitter are not responsible and are under no obligation to issue any refunds. Select Members must contact Polaris Customer Service for all cancellation, Product replacement, or refund requests. Contact information for Polaris Customer Service can be located by accessing the Select Membership Portal. All other Non-Select rentals must contact the Outfitter directly. L. FORCE MAJEURE Company and Outfitter shall not be liable or responsible to the undersigned, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Event(s)"): (1) acts of God; (2) flood, fire, earthquake, or other potential disasters or catastrophes, such as epidemics or pandemics; (3) war (whether war is declared or not), invasion, hostilities, terrorist threats or acts, riot, or other civil unrest; (4) government order or law; (5) actions, embargoes, or blockades in effect on or after the date of this Agreement; (6) action by any governmental authority; (7) national or regional emergency; (8) strikes, labor stoppages, or slowdowns or other industrial disturbances; (9) shortage of adequate power or transportation facilities; and (10) other similar events beyond Company's or Outfitter's control. Company or Outfitter shall give notice within thirty (30) days of the Force Majeure Event to the undersigned. Company or Outfitter shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. M. GOVERNING LAW; SUBMISSION TO JURISDICTION This Agreement and all related documents, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Minnesota . N. DISPUTE RESOLUTION Informal Mediation. In the event a dispute arises out of or in connection with the Agreement ("Dispute"), the Parties agree to first work in good faith to informally resolve the Dispute before pursuing other legal remedies. Written notice of a Dispute shall be delivered to the other Party in the manner provided for notice below. After delivery of the written notice, the Parties shall attempt to resolve the Dispute for a period of thirty (30) days through discussions between designees of each Party, who must at least be at the Vice President level or above. If these discussions are not successful, or both Parties agree in writing that they cannot be resolved in thirty (30) days, either Party may commence legal proceeding as provided below. Arbitration. Any Dispute arising out of, related to, or in connection with this Agreement shall be solely and finally settled by arbitration in Minnesota in accordance with the United States Arbitration Act (9 U.S.C. §1), the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases. The arbitrator will apply Minnesota law and will have the power to decide all issues relating to the Dispute, including, without limitation, the validity, enforceability, and scope of this provision, the arbitrability of any issue, and the jurisdiction of the arbitrator. The arbitrator will have the power to award all remedies at law, to order specific performance of this Agreement, and to hear and decide any and all issues or claims through summary judgment or summary disposition motions without requiring a hearing. The Parties waive all respective rights to appeal or redress in any other forum, except to obtain execution of any award as permitted under 9 U.S.C. Sections 10 and 11. Unless otherwise agreed by the Parties in writing, the arbitrator will be appointed within thirty (30) days after filing the demand for arbitration and the hearing will take place no later than one-hundred twenty (120) days after JAMS notifies the Parties that an arbitrator has been appointed. Except as may be required by law or as necessary to enforce an award in a court of competent jurisdiction, neither Party nor an arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both Parties. EXHIBIT B -- RIDE WAIVER AND RELEASE PLEASE READ THIS RIDE WAIVER AND RELEASE CAREFULLY. RIDING VEHICLES MAY RESULT IN SERIOUS RISK OF INJURY OR DEATH. DO NOT SIGN THIS RIDE WAIVER UNLESS YOU AGREE TO THESE TERMS. RIDING IS VOLUNTARY, YOU ARE NOT REQUIRED TO RIDE. In consideration for being permitted to use, operate and/or ride the vehicle(s) described in the Product Rental Agreement, I expressly, knowingly and voluntarily agree to the terms and conditions of this Ride Waiver and Release ("Ride Waiver") as follows: SAFETY INSTRUCTIONS: I acknowledge, agree and represent that: a. I have a valid driver's license if I am operating the Product and will comply at all times with all applicable laws and regulations. b. I have reviewed, am familiar with, and will comply with the safety instructions and information about the Product provided to me, the safety warnings and instructions set forth in the Owner's Manual and on any on-Product labels, including without limitation, wearing all required protective/riding gear (including helmets), using nets or doors (if equipped) and wearing seat belts/harnesses (if applicable), all educational and field training required before operation of the Product and all age and size requirements for drivers and passengers. c. I have not and will not consume alcohol, drugs or any other substance that could impair my judgment or driving ability. d. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to operate the Product. e. I have never been refused insurance coverage or had special conditions imposed. f. If my rental includes a trailer, I have received, am familiar with, and will comply with appropriate and thorough safety instructions and a trailering operations review including information about handling, safety features, risks, hazards, instructions. INFORMED CONSENT AND ASSUMPTION OF RISK: I have been informed of and I expressly, knowingly and voluntarily assume the risk of injury or death by operating the Product. I am aware of and accept that operating the Product may involve the danger of encountering known and unknown risks, including, but not limited to, the unique risks associated with the Product and the significant risk of serious bodily injury, illness, including infectious diseases (e.g. coronavirus), disability, emotional trauma, property damage and death. I have been informed of and I expressly, knowingly, and voluntarily assume all such risks, both known and unknown, from any cause including, without limitation, loss of vehicle control, collisions, mechanical failures, trail, road and/or traffic conditions, inadequate training, failure to supervise, failure to warn of potential risks, contraction of infectious diseases (e.g. coronavirus), my negligent acts and the negligent acts of others, including the Released Parties (as defined below). I assume full responsibility for use of the Product RELEASE AND WAIVER OF LIABILITY; COVENANT NOT TO SUE: To the fullest extent allowed by law, I, individually, and on behalf of my heirs, executors, administrators, personal representatives, next of kin, successors and assigns, release, forever discharge and covenant not to sue Polaris Industries Inc. ("Company"), its affiliates, subsidiaries and its authorized Polaris Adventures Outfitters and their respective officers, directors, employees, shareholders, agents, representatives, successors and assigns (collectively, "Released Parties"), from and against any and all liabilities, losses, claims, demands, deficiencies, causes of action, suits, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatsoever kind, now known or unknown, including attorneys' fees and the costs of enforcing the right of indemnification under this Ride Waiver, and the cost of pursuing any insurance provider (collectively, "Losses"), including, but not limited to, those Losses arising from bodily injury, illness including infectious diseases (e.g. coronavirus), death, loss or property damage to me, my property or others, which directly or indirectly arise out of, occur during, relate to, or are in any way the result of or connected with the use of the Product. Without limiting the generality and breadth of the foregoing, I expressly agree to waive, release, and will forever be barred from pursuing any lawsuit or claim related to (whether directly or by subrogation or otherwise) or arising under any legal theory, including, without limitation, a claim for negligence, breach of warranty, strict liability, failure to warn, or any other claim relating to the design, manufacture, sale, distribution, or rental of the Product or any other alleged act or omission by the Released Parties. I knowingly agree to this waiver and release the Released Parties of liability, regardless of whether the injury, loss, death, or damage is caused by the Released Parties. I further agree that the Released Parties are not in any way responsible for any injury or damage that I sustain as a result of my own acts. I am aware of, and understand, the provisions of California Civil Code Section 1542 ("Section 1542"), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release. INDEMNITY: To the fullest extent allowed by law, I, individually, and on behalf of my heirs, executors, administrators, personal representatives, next of kin, successors and assigns, agree to indemnify and hold the Released Parties harmless from and against any and all Losses, including, but not limited to, those Losses arising from: (1) my possession, custody, storage, transportation, control, use, operation, and/or maintenance of the Product; or (2) any bodily injury, death, loss or property damage, which directly or indirectly arises out of or is connected with the use of the Product. PERSONAL INSURANCE: I represent that I have obtained health insurance coverage for me to cover any aspect of my use of the Product. I acknowledge that Company does not offer health insurance as part of my rental. I further represent that my vehicle insurance policy meets minimum coverage requirements for bodily injury, death, and property damage; and I will provide the Company with proof of valid insurance and registration upon request. CONTROLLING LAW: For the sake of predictability and uniform application of the law of the home state of the Company, this Ride Waiver shall be governed by Minnesota law, without regard to its choice of law rules. FORUM SELECTION: Any dispute for which a party is permitted to bring a court proceeding shall be instituted in the federal courts of the United States or the courts of the State of Minnesota in each case located in the city of Minneapolis and County of Hennepin, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court. I HAVE READ THIS RIDE WAIVER CAREFULLY PRIOR TO SIGNING IT BELOW. I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS BY SIGNING THIS RIDE WAIVER. Borrower or Borrower Parent/Legal Guardian signature is below. Information submitted is governed by Polaris' privacy policy, available at: http://www.polaris.com/en-us/company/privacy.aspx EXHIBIT C -- ACCIDENTAL DAMAGE WAIVER TERMS Accidental Damage Waiver ("ADW") is a way for Borrower to limit their financial responsibility if an accident were to occur. ADW is not insurance and protects Borrower only against accidental damage to the Product. ADW protection is included with each rental, and Borrower accepts ADW protection by signing the Product Rental Agreement, but Borrower may upgrade their protection for an additional fee. Under ADW protection, Company assumes financial responsibility for damage to the Product above the listed maximum out-of-pocket and waives all charges above the Borrower's maximum out-of-pocket for parts, labor, and loss of use. If the Product is damaged as a direct or indirect result of a violation of the Product Rental Agreement, Borrower is responsible and will reimburse Company for all loss of or damage to the Product regardless of cause. If the Product is damaged, Borrower will pay Company's estimated repair cost, or if, in Company's sole discretion, it determines to sell the Product in its damaged condition, Borrower will pay the difference between the Product's Kelly Blue Book market value before it was damaged and the sale proceeds. Borrower authorizes Company to charge for the actual cost of repair or replacement components damaged or lost as a result of excessive use or abuse. Borrower understands that he/she is not authorized to repair or have the Product repaired without Company's express prior written consent. If Borrower repairs or has the Product repaired without our consent, Borrower will pay the estimated cost to restore the Product to the condition it was in prior to your rental. Certain uses of the Product and other things Borrower may do, or fail to do, will nullify ADW protection. It is a violation of the ADW program that nullifies protection under the program if Borrower: 1) fails to promptly report any damage to or loss of the Product when it occurs, or when Borrower learns of damage, and provide Company with a written accident/incident report or fails to cooperate with Company's investigation; 2) fails to report an accident to law enforcement; 3) obtains the Product through fraud or misrepresentation; 4) intentionally or with willful disregard causes or allows damage to the Product, or 5) returns the Product after hours and the Product is damaged, stolen or vandalized, or otherwise fails to take reasonable steps to secure the vehicle, its keys or other remote entry and starting devices. ADW Protection Levels: Product Type Standard Protection. (Included with Rental - No additional cost to Borrower) Premier Protection. (Additional cost to Borrower to reduce Maximum Out of Pocket) Cost to Borrower Out of Pocket Maximum Cost to Borrower Out of Pocket Maximum Off-Road (RZR, RANGER, GENERAL, ACE SPORTSMAN, RS1) Included $3000 $15 $1500 Slingshot Included $1500 $15 $750 Indian Motorcycle Included $1500 $15 $750 Snowmobile Included $1000 $15 $500 Situational Examples: The following scenarios illustrate how the Accidental Damage Waiver program operates. All situations assume accidental damage to the Product without violations of the Product Loan Agreement. Product Type Borrower’s Protection Level-Max Out of Pocket Total Repair Estimate Amount Charged to Borrower Off-Road Standard Protection - $3000 $1200 $1200 Off-Road Standard Protection - $3000 $6000 $3000 Off-Road Premier Protection - $1500 $1200 $1200 Off-Road Premier Protection - $1500 $6000 $1500 Snowmobile Standard Protection - $1000 $800 $800 Snowmobile Standard Protection - $1000 $2500 $1000 Snowmobile Premier Protection - $500 $350 $350 Snowmobile Premier Protection - $500 $2500 $500 Slingshot or Indian Motorcycle Standard Protection - $1500 $1200 $1200 Slingshot or Indian Motorcycle Standard Protection - $1500 $6000 $1500 EXHIBIT D -- ADDITIONAL RENTAL DETAILS a) Vehicle check-out time is no earlier than 7:00 a.m. b) Vehicle check-in time is no later than 10:00 p.m. For 24 hour rentals, check-in time is 24 hours after checkout. c) Borrower is aware that there is no Insurance or Accidental Damage Waiver coverage outside of the designated ride time and that Product movement can be monitored 24 hours a day, including all historical rides, routes, and trails. Borrower is also aware that they can be subject to punishment for operating the Product outside of the designated ride time. d) Damage Waiver deposit will be held for a maximum of 15 days. e) Borrower agrees to make all payments for Product repair or replacement as part of the Accidental Damage Waiver program within 15 days. f) Law Enforcement will be notified if vehicle is not returned and Borrower does not make contact with Outfitter within 24 hours. g) There are no refunds or discounts if Borrower picks up the vehicle late. h) Select Members Only: Borrower will be charged up to a $99 late fee per Vehicle, at Company's sole discretion, that is brought back 15 minutes late of check-in (delivery or drop off). For delivery drop-offs and return pick-ups, Borrower is required to be present during Borrower's agreed upon and scheduled appointment. If the Vehicle(s) is not personally received prior to the 15-minute grace window expiring, delivery personnel will leave, the reservation will be forfeited, and Polaris Adventures Select credits will not be refunded. i) Adventure Rentals Only: Borrower will be charged $125 late fee per unit if the vehicle is brought up to one hour late of check-in. Borrower will be charged a full day rental late fee per unit if the vehicle is brought back up to two hours late of check-in. After two full hours late, the late fee will be a full day rental charge.
Red Rock Humvee Tours
Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement Red Rock Humvee Tours The undersigned participant(s), and the minor children under the age of 18 years old for whom the undersigned is responsible (collectively, the “Participants”) desires to participate in [activities including, but not limited to, riding or driving in off-road vehicles, climbing, hiking, or mountain biking] (the “Activities”), provided by Red Rock Humvee Tours, LLC (“RRHT”). In consideration of being permitted by RRHT to participate in the Activities and in recognition of RRHT’s reliance hereon, the Participants agree to all the terms and conditions set forth in this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the “Agreement”). 1. Express Assumption of Risk: THE PARTICIPANTS ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. THE PARTICIPANTS ACKNOWLEDGE THAT ANY INJURIES THAT THE PARTICIPANTS SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF RRHT, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF RRHT. NOTWITHSTANDING THE RISK, THE PARTICIPANTS ACKNOWLEDGE THAT THE PARTICIPANTS ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE 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 THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF RRHT OR OTHERWISE. 2. Inherent Risks: The Participants understand and acknowledge that the enjoyment and excitement of the Activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in the Activities. The Participants understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. The Participants also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in the Activities. The inherent risks associated with the Activities in which the Participants are about to participate include, but are not limited to: dirt roads and trails and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these roads and trails; it is possible that the Participants could be injured if the Participants come in contact with supplies, storage containers, or other fixed equipment necessary to the operation or outfitting of vehicles or bicycles (hereinafter referred to collectively as “Equipment”). The Equipment may break down or be faulty; it is possible that loss of control of the Equipment could occur resulting in collision, or crashing, and that if a piece of Equipment turns over or crashes the Participants could be thrown out. Surfaces are slippery when wet and are naturally unstable so that the Participants could slip and fall or be knocked out of the Equipment even on flat terrain. The Participants may become disoriented, panicked and/or experience trauma from rocks, boulders, etc.; the Participants can slip or fall during hiking or getting to and from the Equipment and the Participants understand that the areas in which the Participants might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. The Equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, boulders, bridges, etc. Accidents can occur getting on and off the Equipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and the Participants are aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish the Participants’ or other individuals’ ability to react or respond; the Participants may encounter dangerous wildlife, insects, etc.; communication in the terrain in which the Activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. THE PARTICIPANTS ACKNOWLEDGE THAT THEY ARE ULTIMATELY RESPONSIBLE FOR THEIR OWN SAFETY DURING THEIR PARTICIPATION IN THE ACTIVITIES. The Participants specifically acknowledge also that the Activities may involve lodging/camping in rustic and rugged situations which may present “comfort style” issues for which the Participants accept responsibility. The Participants acknowledge that food preparation is an integral part of some of these Activities and that the Participants may be eating in the outdoors or community style environments and that some of the food may not be to the Participants’ liking; there may be errors in food storage or preparation that could cause the Participants’ dissatisfaction and/or illness; the Participants acknowledge their responsibility to inform RRHT of any specific food related allergies. Water purification systems may or may not be used and/or may or may not function correctly; the Participants specifically acknowledge that, in the event the Participants (over the age of 21) choose to consume alcohol while participating in the Activities, the Participants will bear complete responsibility for themselves and for any damages the Participants may cause to RRHT, its property or to other guests. The Participants acknowledge that their time at RRHT, Activities may require me to use equipment (i.e. – tents, stoves, water filtration, etc.) that the Participants might not be familiar with and will require the Participants to interact with other guests and participants with whom the Participants are also unfamiliar; any of these things can cause discomfort and stress and have inherent risks. The Participants acknowledge that the Participants could be left alone, unsupervised and/or out of contact with an RRHT representative for extended periods of time. The Participants acknowledge that there are numerous other issues the Participants may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. The Participants acknowledge that they may choose to participate in activities that are provided by other vendors or operators (i.e. buses, flights, biking, climbing, horseback riding) over which RRHT has no control. Those activities are incidental to the Activities provided by RRHT and may involve errors in judgment by the other vendors or operators for which RRHT can bear no liability. RRHT is not a “Common Carrier” but rather is in the business of providing adventure type trips. Transportation to and from the Activities is incidental to the Activities. Transport by car, bus or van in some instances may be provided by RRHT and may involve errors in judgment by RRHT staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, RRHT guides have difficult jobs to perform, and will seek to perform their tasks safely, but they are not infallible. For example, RRHT guides might: (i) be unaware of the Participants’ fitness or abilities; (ii) misjudge the weather, the elements, or the terrain; or (iii) give inadequate warnings or instructions and/or the Participants may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by RRHT guides and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault by RRHT at a later point in time. 3. Express Assumption of Risk: As lawful consideration for being allowed to participate in the Activities, the Participants expressly agree and promise on behalf of themselves, to accept and assume all the risks existing in the Activities. The Participants’ participation in the Activities are purely voluntary, and the Participants elect to participate in spite of the risks. The Participants expressly agree and acknowledge that the terms and conditions of this Agreement are contractual in nature and that the Participants are signing it of their own free will. 4. Release and Waiver of Rights Including for Claims of NEGLIGENCE: The Participants hereby expressly waive and release any and all claims, now known or hereafter known, against RRHT, and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to the Participants’ participation in the Activities and/or use of the Equipment, whether arising out of the negligent acts of omissions of RRHT or any Releasees or otherwise. The Participants covenant not to make or bring any such claim against RRHT or any other Releasee, and forever release and discharge RRHT and all other Releasees from liability under such claims. 5. Indemnity: The Participants shall defend, indemnify, and hold harmless RRHT and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related by the Activities and/or use of the Equipment, including any claim related to the Participants’ own negligence or the ordinary negligence of RRHT or any Releasees or otherwise. 6. Personal Skill & Insurance: The Participants represent and warrant that: (i) the Participants have sufficient skill and fitness to participate in the Activities; (ii) the Participants have no medical, mental or physical conditions which could interfere with such Participant’s safety or ability to participate in these Activities, or else such Participant is willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition; and (iii) the Participants have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs the Participants may cause or suffer in connection with the Activities and/or use of the Equipment, or else agree to bear the costs of such injury, damage or emergency transportation costs. 7. Medical Issues: The Participants hereby consent to receive medical treatment deemed necessary if the Participants are injured or require medical attention while participating in the Activities. The Participants understand and agree that the Participants are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The Participants hereby release, forever discharge, and hold harmless RRHT from any claim based on such treatment or other medical services. 8. Photographic Assignment: The Participants understand that RRHT reserves the right to take photographic or film (of whatsoever nature) records of any or all of its Activities or trips and agrees that RRHT may use such records for promotional and/or commercial purposes without any remuneration to the Participants. The Participants hereby assign all right, title and interest the Participants may have in or to any and all media in which the Participants’ name or likeness might be used by RRHT. 9. Release as Contract and Personal Capacity: The Participants expressly agree and acknowledge that the terms and conditions of this Agreement are contractual in nature and that the Participants are signing it of such Participant’s free will. The Participants expressly acknowledge that the Participants are not under the influence of drugs or alcohol at the time of the signing of this Agreement and that there are no other impediments or reasons why the Participants would lack the capacity to enter into this Agreement. 10. Entire Agreement: This Agreement constitutes the sole and entire agreement of RRHT 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 Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of RRHT and the Participants and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provisions or rule (whether or the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Washington County, Utah and the Participants hereby consent to the exclusive jurisdiction of such courts. By signing this document, I acknowledge for myself and any of the children for which I am responsible that if anyone is hurt or property is damaged while participating in the Activities, I may be found by a court of law to have waived my and their right to maintain a lawsuit against RRHT on the basis of any claim from which RRHT has been released herein. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND UNDERSTOOD THE AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
Tuachan Bus Transport
Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement Tuacahn Center for the Arts The undersigned participant(s), and the minor children under the age of 18 years old for whom the undersigned is responsible (collectively, the “Participants”) desires to participate in [activities including, but not limited to, riding or driving in shuttle vehicles, provided by Tuacahn Center for the Arts (“TCA”). In consideration of being permitted by TCA to participate in the Activities and in recognition of TCA’s reliance hereon, the Participants agree to all the terms and conditions set forth in this Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (the “Agreement”). 1. Express Assumption of Risk: THE PARTICIPANTS ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. THE PARTICIPANTS ACKNOWLEDGE THAT ANY INJURIES THAT THE PARTICIPANTS SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF TCA, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF TCA. NOTWITHSTANDING THE RISK, THE PARTICIPANTS ACKNOWLEDGE THAT THE PARTICIPANTS ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE 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 THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TCA OR OTHERWISE. 2. Inherent Risks: The Participants understand and acknowledge that the enjoyment and excitement of the Activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in the Activities. The Participants understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. The Participants also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in the Activities. The inherent risks associated with the Activities in which the Participants are about to participate include, but are not limited to: dirt roads and trails and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these roads and trails; it is possible that the Participants could be injured if the Participants come in contact with supplies, storage containers, or other fixed equipment necessary to the operation or outfitting of vehicles or bicycles (hereinafter referred to collectively as “Equipment”). The Equipment may break down or be faulty; it is possible that loss of control of the Equipment could occur resulting in collision, or crashing, and that if a piece of Equipment turns over or crashes the Participants could be thrown out. Surfaces are slippery when wet and are naturally unstable so that the Participants could slip and fall or be knocked out of the Equipment even on flat terrain. The Participants may become disoriented, panicked and/or experience trauma from rocks, boulders, etc.; the Participants can slip or fall during hiking or getting to and from the Equipment and the Participants understand that the areas in which the Participants might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. The Equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, boulders, bridges, etc. Accidents can occur getting on and off the Equipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and the Participants are aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish the Participants’ or other individuals’ ability to react or respond; the Participants may encounter dangerous wildlife, insects, etc.; communication in the terrain in which the Activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. THE PARTICIPANTS ACKNOWLEDGE THAT THEY ARE ULTIMATELY RESPONSIBLE FOR THEIR OWN SAFETY DURING THEIR PARTICIPATION IN THE ACTIVITIES. The Participants specifically acknowledge also that the Activities may involve lodging/camping in rustic and rugged situations which may present “comfort style” issues for which the Participants accept responsibility. The Participants acknowledge that food preparation is an integral part of some of these Activities and that the Participants may be eating in the outdoors or community style environments and that some of the food may not be to the Participants’ liking; there may be errors in food storage or preparation that could cause the Participants’ dissatisfaction and/or illness; the Participants acknowledge their responsibility to inform TCA of any specific food related allergies. Water purification systems may or may not be used and/or may or may not function correctly; the Participants specifically acknowledge that, in the event the Participants (over the age of 21) choose to consume alcohol while participating in the Activities, the Participants will bear complete responsibility for themselves and for any damages the Participants may cause to TCA, its property or to other guests. The Participants acknowledge that their time at TCA, Activities may require me to use equipment (i.e. – tents, stoves, water filtration, etc.) that the Participants might not be familiar with and will require the Participants to interact with other guests and participants with whom the Participants are also unfamiliar; any of these things can cause discomfort and stress and have inherent risks. The Participants acknowledge that the Participants could be left alone, unsupervised and/or out of contact with an TCA representative for extended periods of time. The Participants acknowledge that there are numerous other issues the Participants may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. The Participants acknowledge that they may choose to participate in activities that are provided by other vendors or operators (i.e. buses, flights, biking, climbing, horseback riding) over which TCA has no control. Those activities are incidental to the Activities provided by TCA and may involve errors in judgment by the other vendors or operators for which TCA can bear no liability. TCA is not a “Common Carrier” but rather is in the business of providing world class theatre. Transportation to and from the Activities is incidental to the Activities. Transport by car, bus or van in some instances may be provided by TCA and may involve errors in judgment by TCA staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Furthermore, TCA guides have difficult jobs to perform, and will seek to perform their tasks safely, but they are not infallible. For example, TCA guides might: (i) be unaware of the Participants’ fitness or abilities; (ii) misjudge the weather, the elements, or the terrain; or (iii) give inadequate warnings or instructions and/or the Participants may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by TCA guides and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault by TCA at a later point in time. 3. Express Assumption of Risk: As lawful consideration for being allowed to participate in the Activities, the Participants expressly agree and promise on behalf of themselves, to accept and assume all the risks existing in the Activities. The Participants’ participation in the Activities are purely voluntary, and the Participants elect to participate in spite of the risks. The Participants expressly agree and acknowledge that the terms and conditions of this Agreement are contractual in nature and that the Participants are signing it of their own free will. 4. Release and Waiver of Rights Including for Claims of NEGLIGENCE: The Participants hereby expressly waive and release any and all claims, now known or hereafter known, against TCA, and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to the Participants’ participation in the Activities and/or use of the Equipment, whether arising out of the negligent acts of omissions of TCA or any Releasees or otherwise. The Participants covenant not to make or bring any such claim against TCA or any other Releasee, and forever release and discharge TCA and all other Releasees from liability under such claims. 5. Indemnity: The Participants shall defend, indemnify, and hold harmless TCA and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related by the Activities and/or use of the Equipment, including any claim related to the Participants’ own negligence or the ordinary negligence of TCA or any Releasees or otherwise. 6. Personal Skill & Insurance: The Participants represent and warrant that: (i) the Participants have sufficient skill and fitness to participate in the Activities; (ii) the Participants have no medical, mental or physical conditions which could interfere with such Participant’s safety or ability to participate in these Activities, or else such Participant is willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition; and (iii) the Participants have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs the Participants may cause or suffer in connection with the Activities and/or use of the Equipment, or else agree to bear the costs of such injury, damage or emergency transportation costs. 7. Medical Issues: The Participants hereby consent to receive medical treatment deemed necessary if the Participants are injured or require medical attention while participating in the Activities. The Participants understand and agree that the Participants are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. The Participants hereby release, forever discharge, and hold harmless TCA from any claim based on such treatment or other medical services. 8. Photographic Assignment: The Participants understand that TCA reserves the right to take photographic or film (of whatsoever nature) records of any or all of its Activities or trips and agrees that TCA may use such records for promotional and/or commercial purposes without any remuneration to the Participants. The Participants hereby assign all right, title and interest the Participants may have in or to any and all media in which the Participants’ name or likeness might be used by TCA. 9. Release as Contract and Personal Capacity: The Participants expressly agree and acknowledge that the terms and conditions of this Agreement are contractual in nature and that the Participants are signing it of such Participant’s free will. The Participants expressly acknowledge that the Participants are not under the influence of drugs or alcohol at the time of the signing of this Agreement and that there are no other impediments or reasons why the Participants would lack the capacity to enter into this Agreement. 10. Entire Agreement: This Agreement constitutes the sole and entire agreement of TCA 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 Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of TCA and the Participants and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provisions or rule (whether or the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Washington County, Utah and the Participants hereby consent to the exclusive jurisdiction of such courts. By signing this document, I acknowledge for myself and any of the children for which I am responsible that if anyone is hurt or property is damaged while participating in the Activities, I may be found by a court of law to have waived my and their right to maintain a lawsuit against TCA on the basis of any claim from which TCA has been released herein. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND UNDERSTOOD THE AGREEMENT, AND I AGREE TO BE BOUND BY ITS TERMS.
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