RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT! PLEASE READ CAREFULLY BEFORE SIGNING! BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE!
In consideration of the right to participate in any avalanche awareness training class or instruction, and any skiing, snowboarding, or other activity associated with an avalanche awareness training class or instruction (collectively, “Activity” or “Activities”) sponsored or provided by Friends of the Utah Avalanche Forecast Center, and its employees, officers, directors, agents, affiliates, and related entities (collectively “UAC”), I agree to release, hold harmless and indemnify UAC, on behalf of myself and my family members, partners, heirs, estate, and assigns as follows:
- I acknowledge that the Activity entails risks (including without limitation unpredictable and/or variable snow and or weather conditions; high elevation; wildlife encounters; insect bites; hazardous plants; exposure to the elements; falling trees, limbs and other objects; collisions with other people, machinery or equipment; unmarked obstacles; deep snow conditions; tree wells; unstable ice and snow; including without limitation slides and avalanches; extreme temperatures; slick or uneven walking surfaces; changes or variations in terrain or snow conditions; surface and subsurface conditions; rugged mountainous terrain; cliffs; acts of others; being lost or separated from guides; and/or equipment malfunctions) that could result in extreme fatigue, physical or emotional injury, paralysis, DEATH, and/or other injuries or damage to me, to property, or to third parties. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand that the risks cannot be eliminated without jeopardizing the essential qualities of the Activities. I acknowledge and understand that obeying and following safety rules and/or instruction does not guarantee my safety. I understand that UAC is not in any manner an insurer of my safety. I understand and acknowledge that UAC instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of my fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
- I understand and I have considered the risks involved, and I voluntarily and freely choose to ACCEPT and ASSUME any and all the risks of participating in the Activity. My participation in this Activity is purely voluntary, and I elect to participate in spite of the risks.
- I also expressly agree to accept “AS IS” and “WITH ALL FAULTS” any equipment or facilities that I use and further understand and acknowledge that UAC provides NO implied warranty of merchantability and/or fitness or any other warranties of any kind whatsoever and further agree that any Activity provided by UAC concerns services being rendered only.
- I RELEASE and FOREVER WAIVE any claims, demands, court actions, causes of action, or other legal proceedings that are in any way connected with my participation in any Activity provided by UAC or my use of UAC’s equipment or facilities, including, without limitation, claims that UAC was negligent.
- I will DEFEND, INDEMNIFY, HOLD HARMLESS, and REIMBURSE UAC from and for all damages, losses, costs, or expenses (including legal fees) incurred by UAC or paid by them to any person (including without limitation me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity and/or my use of UAC’s equipment or facilities. I will reimburse UAC if anyone makes a claim against UAC in connection with my participation in an Activity and/or my use of UAC’s equipment or facilities, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused. I agree to bear the costs of any injury or damage I may cause or suffer while participating in an Activity whether I have adequate insurance to cover any such injury or damage.
- I will not initiate any claim, demand, lawsuit, court action, cause of action or other legal proceeding against UAC, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in an Activity, and I waive any right I may have to do so. This means that I CANNOT SUE to hold UAC responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of UAC. I waive my insurers’ right to make a claim against UAC based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against UAC.
- I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury, or medical emergency resulting from or in connection with my participation in the Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation.\
- I grant to UAC the right to use, reproduce, display, distribute and make derivative works, in any and all media, of my voice, image and/or likeness recorded while participating in any Activity.
- This Agreement and its terms are perpetual and do not expire and shall be construed as broadly as possible under Utah laws, ordinances, statutes, rules, and regulations. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against UAC based on any claim from which I have released it. I have had sufficient opportunity to read this agreement. I have read and understood it, and agree to be bound by its terms.