EVERYONE 18 and older must fill out a personal waiver.
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER OF CLAIMS
WARNING: PLEASE READ THIS DOCUMENT CAREFULLY, IN ITS ENTIRETY, BEFORE
SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND WAIVER OF CLAIMS (the
“Agreement”, “Waiver” and/or “Release”) is made by Participant (as defined below) and Utah's Lantern Festival, which is comprised of Activities including, but not limited to, concerts, alcohol and
food vending, camping, large water slides, jump tower, blob launch, water trampoline, rope swing, zip
line, paddle boarding, swimming, and other water Activities taking place in both deep and shallow areas in
untreated lake water, as well as volleyball, axe throwing, (collectively the "Activities" and individually the “Activity”). The Venue is designed for adults and
children whose parents/guardians have agreed to the terms of this Agreement and Waiver, and who are of
suitable age and experience.
- I, as a Participant (defined below) or as the parent/guardian of a Participant, hereby acknowledge, understand and agree that UTAHSLF is not responsible in any way whatsoever for the Venue or the Activities, including but not limited to, the safety and condition of the Venue and its facilities and equipment, the supervision, management and operation of the Venue, and/or the hosting of any Participant.
- I understand that the Venue’s Activities MAY BE EXTREMELY HAZARDOUS AND MAY
CAUSE SERIOUS ILLNESS, SEVERE PHYSICAL INJURY, DEATH and/ or significant loss of
or damage to property. I understand that each person being admitted to the Venue will be deemed to be
participating in the Activities and shall be deemed herein to be a "Participant". I am signing this release
on my own behalf and, if a Participant is under the age of 18, I am signing as such Participant's parent or
legal guardian.
- I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES. I understand
that the risks associated with the Activities may include but are certainly not limited to: SERIOUS
ILLNESS, SEVERE PHYSICAL INJURY, SIGNIFICANT PROPERTY DAMAGE, AND/OR
EVEN DEATH (collectively referred to as “Possible Damages and Injuries”), which Possible Damages
and Injuries may be caused by accidents and events, including but not limited to, the following:
collisions, improper function or malfunction of Venue equipment and/or fixtures, drowning, suffocation,
asphyxiation, chemical poisoning over overdose, sliding at an accelerated speed, turning, twisting, falling,
high speed impacts, jumping from an elevated tower, jumping on water trampolines, chemical and
biological risks naturally occurring from and in untreated pond water, entanglements, or falls, into or with
other people or equipment, above and below the water, in addition to all other risks even those currently
unknown or of which Participant may not be aware, and those risks not mentioned herein which may be
foreseeable or unforeseeable. I also understand that there are Activities at the Venue where there is a risk
of being submerged under the water and becoming severely injured or even dying. I understand that
severe injury, paralysis, property damage, and even death could occur to Participant and/or the property
belonging to Participant. I also understand that the Activities are UNSUPERVISED and there is NO
LIFEGUARD ON DUTY.
- I expressly acknowledge that: (A) Participant (and/or the parent/guardian of Participant) has been informed of
and understands all rules and regulations of participation in the Activities and the
Venue; (B) Participant shall use common sense and obey common water safety rules; (C) Participant shall be responsible for wearing a life jacket at all times when
participating in and around the water-based Activities; that Participant, and/or
Participant's parent/guardian, hereby further acknowledges, understands and agrees
that the Venue and the Company are not providing life jackets to any participant and
that Participant shall be solely responsible for bringing and using his/her own life
jacket; and that even though Participant and/or others may be ignoring or disregarding
this requirement, the Company’s awareness of such disregard by Participant or others
shall not be a factor in determining the Company’s liability for drownings or other
injuries or damages caused by submersion in the water located on the Venue;
(D) Equipment and obstacles may be encountered at any time;
(E) Participants must exercise common sense and obey common UTV/ATV operating
rules. Including but not limited to utilizing appropriate safety equipment and restraints;
and
(F) Falls and collisions may occur and that injuries are an ordinary occurrence of the
Activity;
(G) Participant assumes the risk of all course and venue conditions. If my child is
participating, I also acknowledge that:
(1) I have spoken to my child about the Activity;
(2) My child understands and appreciates the risks of participating in the Activity;
and
(3) My child is voluntarily participating in the Activity.
- IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE
ACTIVITIES, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD
HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE the Venue, all of their
affiliated companies and subsidiaries, TPO (the land owner), the equipment manufacturers, and all
of their respective insurance companies, successors in interest, commercial and corporate sponsors,
manager, agents, employees, representatives, assignees, officers, directors, and shareholders (each a
"Released Party") FROM ANY AND ALL LIABILITY and/or claims for injury or death to
persons or damage to or loss of property arising from participation in the Activity, INCLUDING
THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY'S ALLEGED
OR ACTUAL NEGLIGENCE (including the failure to take reasonable steps to protect against the
risks of the Activity) OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. While the
following parties are not in any way involved in the training, management, supervision or operation
of the Venue, TPO, the State of Utah, the Utah Board of Reclamation and the Central Iron County
Water Conservancy District are hereby included as Released Parties as defined in the foregoing
sentence and Participant's signature below shall operate as a full and complete waiver and release of
all such parties, including the aforementioned Released Parties. I AGREE TO PAY ALL COSTS
AND ATTORNEY'S FEES INCURRED BY ANY RELEASED PARTY IN DEFENDING A
CLAIM OR SUIT BROUGHT AS A RESULT OF PARTICIPANT'S PARTICIPATION IN
THE ACTIVITY.
- I further agree to release the State of Utah, its agencies, departments, officers, employees,
agents and all sponsors, officials and staff or volunteers from any and all liability, claims, demands,
breach of warranty, negligence, actions and causes of actions whatsoever for any loss, claim,
damage, injury, illness, attorney's fees or harm of any kind or nature to me arising out of my
participation at the Activity. This release extends to any claim made by Participant's family, estate,
heirs or assigns arising from or in any way connected with the Activities.
- I represent that Participant is in good health and that there are no problems associated with
Participant's physical or mental condition that may preclude Participant from participating in the
Activities. I authorize a licensed physician and/or other medical care provider to carry out any
emergency medical care for Participant when deemed necessary and agree to be fully responsible for
any associated costs and fees, which may be substantial.
- I agree that ANY AND ALL CLAIMS FOR LOSS, INJURY AND/OR DEATH REGARDING
AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE OF UTAH
AND EXCLUSIVE JURISDICTION SHALL BE IN THE STATE OF UTAH AND THAT ANY
RELATED LITIGATION SHALL ONLY BE INITIATED IN DISTRICT COURT IN IRON
COUNTY, UTAH.
- If Participant is under the age of 18, I represent that I am the minor Participant's parent or legal
guardian and I VOLUNTARILY GRANT PERMISSION FOR THE MINOR TO TAKE PART
IN THE ACTIVITIES. I acknowledge that I am also signing this release on behalf of the minor
Participant and that THE MINOR PARTICIPANT SHALL BE BOUND BY ALL THE TERMS
OF THIS RELEASE. By signing this release without a parent or guardian’s signature, I represent
that I am at least 18 years of age. By signing this release on behalf of the minor Participant, I further
represent that Participant is of suitable age and experience to participate in the Activity.
- I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND
CLAIMS, INCLUDING EXPERT AND ATTORNEYS' FEES AND COSTS, ARISING FROM
ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
- USE OF A PARTICIPANT PROVIDED LIFE JACKET IS RECOMMENDED. I
understand that A LIFE JACKET IS IN NO WAY A GUARANTEE OF SAFETY and that no life
jacket can protect the wearer against all foreseeable or unforeseeable risks associated with the
Activities. I further understand that participation in the Activities can expose the Participant to risks
that cannot be prevented by the use of a life jacket.
- USE OF A HELMET IS REQUIRED DURING USE OF THE UTV RACETRACK, IN
CERTAIN OTHER ACTIVITIES A HELMET WOULD BE RECOMMENDED. I understand
that A HELMET IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the
wearer against all foreseeable or unforeseeable risks associated with the Activities. I further understand
that participation in the Activities can expose the Participant to risks that cannot be prevented by the
use of a helmet.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed
to be unenforceable, the remaining terms shall be an enforceable contract between the parties. By
signing this release on behalf of a minor, this release shall be fully binding upon the minor's assignees,
subrogates, parents. spouse, assigns, legal guardian, estate, distributors, heirs, next of kin, executors and
personal representatives.
- I hereby consent to and authorize the use and reproduction by UTAHSLF of any and all photography and/or videography that is taken of me (or my minor child) for any
purpose, both personal and commercial, without compensation to me of any kind. All digital image
and/or video files are wholly owned by UTAHSLF, which reserves the right to
use these images and/or videos for publications of any and all types, including but not limited to online
publications, blogs, websites, printed materials, email, text, physical mailings, billboards, signs, etc.
- For minors (children and youth under 18) I hereby consent to and authorize the use and
reproduction by the Venue, the Company and Lindon Marina of any and all photographs and/or video that have
been taken of a minor child in my custody as parent or guardian, for any purpose, without compensation
to me, the child or assignees. All such images and digital files are owned by the UTAHSLF, which reserve the right to use any such photographs and/or video for publications of any and
all types, including but not limited to online publications, blogs, websites, printed materials, email, text,
physical mailings, billboards, signs, etc.
I hereby report that I am 18 years of age or older and have read and understood the terms of this release.
I understand that I may engage an independent attorney to represent me and my interests in
understanding this Agreement, Waiver, and Release, prior to my signing of this Agreement. In the
event I do not engage such attorney to represent me and my interests, I am nevertheless
responsible for all of the terms, conditions and agreements made herein. 