NOTICE: THIS IS A LEGALLY BINDING CONTRACT. In consideration of the services of SUU, it’s agents, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (collectively referred to herein as SUU), I hereby agree on behalf of myself, my children, my parents, my heirs, successors, assigns, personal representative and estate as follows:
I HEREBY ACKNOWLEDGE THAT THIS ACTIVITY ENTAILS KNOWN AND UNANTICIPATED RISKS, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this activity. The risks may include, among other things, potential for slips and falls, rope burns, pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions and/or other injuries. Other risks may include transportation to, from, and during the activity, getting lost, lightening, drowning, giardia or any other injury associated with water, chance of getting caught in an avalanche or any type of cold or hot weather injury, including frostbite and hypothermia, heat stroke or exhaustion or even more severe life threatening hazards. During an activity there may be contact with plants, animals or insects that could create hazards such as stings, allergies, and associated diseases. In addition to the risks listed above, there may be risks specific to this activity, which I accept as they are inherent to this activity. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGER AND RISK INVOLVED.
I release and discharge SUU from any claims or liability for any injuries, death, disabilities or property loss or damage I may sustain while participating in this activity with SUU even if arising out of the negligence of SUU. This release, however, does not extend to loss or damage arising out of intentional acts or from the gross negligence of SUU.
I hereby voluntarily agree to indemnify and hold harmless SUU from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SUU equipment or facilities, including any such claims which allege negligent acts or omissions of SUU.
Should SUU be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold it harmless for all such reasonable attorney’s fees and costs.
I also agree I shall be financially responsible for any expenses incurred or damages suffered by me or any other participant as a consequence of my personal acts or omissions while participating in this activity.
I certify that I have adequate health insurance to cover any injury or damage I may suffer while participating in this activity. I further certify that I have no medical or physical conditions, which could interfere with my safety or the safety of others in this activity.
In the event that I file a lawsuit against SUU, I agree to do so solely in the State of Utah, and I further agree that the substantive law of that state shall apply in the action without regard to the conflict of law rules of that state.
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.
I fully realize and accept the responsibility to myself and to the other participants to carry out all activities according to SUU procedures and in a safe and prudent manner.
COVID 19 Acknowledgment and Assumption of Risk. I acknowledge the contagious nature of the Coronavirus, hereby referred to as COVID-19, and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that SUU has put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that SUU cannot guarantee that I will not become infected with Covid-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, university staff, students, and other university clients and their families. I voluntarily seek participation in this activity and acknowledge that I am increasing my risk to exposure to COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending this activity.
I give SUU my permission to use any images taken of me for any media purpose (except pornographic and defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service.
I agree that I have had sufficient opportunity to read this entire document and to ask questions. I have read and understood it, and I agree to be bound by its terms.