Ashley Gorge Via Ferrata Waiver
In consideration of the right to use and/or participate in any activity in any capacity at Ashley Gorge Via Ferrata and related facilities (referred to as “Via Ferrata”), I expressly agree, to ASSUME ANY and ALL risks of injury, including the risk of serious injury and even DEATH, regardless of the cause of injury, the activity, or the date or time on which the injury allegedly sustained at the Via Ferrata. This waiver shall be interpreted as broadly as allowed under Title 63G Chapter 7 Governmental Immunity Act of Utah and Title 78B Chapter 4 Limitations on Liability and other applicable laws. As such, I acknowledge and understand that obeying and following safety rules and/or instruction does not guarantee my safety. Uintah County is NOT in any manner an insurer of my safety. I further agree to FOREVER RELEASE Uintah County and its affiliates, related entities, employees, officers, directors, officials, volunteers, and agents (collectively “Uintah County”) from ANY and ALL LIABILITY, and to FOREVER WAIVE ANY and ALL claims, causes of action, charges, damages, and demands of any kind whatsoever, including for injuries I sustain as a result of UINTAH COUNTY’S NEGLIGENCE and/gross negligence. I have read and understand this Agreement and voluntarily enter into it without any reservation whatsoever and agree that all activities at Ashley Gorge Via Ferrata are purely voluntary in nature. I further agree that no representations have been made to me other than those expressly contained herein. In the event any part of this Agreement is deemed unenforceable, the other portions will remain enforceable. I agree that Utah law shall apply without regard to conflicts of law provisions. This Agreement and its terms are perpetual, do not expire and apply to each and every day (today and in the future) that I use and/or participate in any activity at the Ashley Gorge Via Ferrata and related facilities even if such days are not consecutive. I have read and understand all the rules and regulations associated with the Ashley Gorge Via Ferrata and all the rules and regulations for the Ashley Gorge property. I expressly agree to abide by all the rules and regulations for the via ferrata and the Ashley Gorge property. I understand that any violation of the Ashley Gorge property rules and regulations are a class B misdemeanor and will be enforced. IF PARTICIPANT IS A MINOR: On behalf of my minor child(ren), I hereby acknowledge the inherit risk of my child(ren) using the Ashley Gorge Via Ferrata and that Uintah County is not a guarantor of my child(ren)’s safety and if I do not wish to accept these risks, I will not allow my child(ren) to participate in any activity in the Ashley Gorge Via Ferrata. I hereby agree to be bound by this RELEASE OF LIABILITY, ACKNOWLEDGMENT OF RISKS, AND CONSENT AGREEMENT regarding any claim I may have concerning my child(ren) and have authority to waive the rights of all parents and guardians of the child(ren).
I AFFIRM THAT I HAVE FULLY READ THIS DOCUMENT and fully understand its terms, understand that I have given up substantial rights by signing it and signing it freely and voluntarily without inducement.
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