VOLUNTARY RELEASE AND WAIVER
PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!
In consideration of being allowed to participate in certain volunteer activities or any activities associated therewith (the “Event”), I, the undersigned, on behalf of myself (or if signing on behalf of a child or children, on behalf of such child or children), and on behalf of my (or my minor’s or ward’s) personal representatives, heirs, next of kin, spouse, and assigns DO HEREBY hereby understand, acknowledge, and voluntarily agree with Salt Lake Climbers Alliance, Inc., its members, owners, officers, directors, employees, agents, representatives, affiliates, partners, contractors, insurers and/or lessors, and each of their respective successors and assigns (hereinafter collectively the "SLCA") as follows:
1. I HEREBY WAIVE, RELEASE, AND DISCHARGE FOREVER, THE SLCA, IT’S AFFILIATED COMPANIES, OFFICERS, DIRECTORS, OFFICIALS, CONTRACTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, MEMBERS, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, INSURERS, AND TO THE EXTENT APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE EVENT (ALL COLLECTIVELY REFERRED TO HEREIN AS “RELEASEES”), FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER, FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH, DUE TO ANY NEGLIGENCE, GROSS NEGLIGENCE, OR ANY OTHER CAUSE (INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE SLCA, OR ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR OTHERWISE) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY AND/OR MY MINOR’S OR WARD’S PRESENCE IN OR PARTICIPATION AT THE EVENT. . This release is applies regardless of whether arising out of 1) any wrongful act or omission or 2) failure or malfunction of any equipment, protective wear, machine or vehicle or 3) any other cause whatsoever, even if it may have caused injury, death, damages of any kind, delay, inconvenience or property damage.
2. I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION, LIABILITY, COSTS (INCLUDING ATTORNEY’S FEES), OR JUDGMENT RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY AND/OR MY MINOR’S OR WARD’S PRESENCE IN OR PARTICIPATION AT THE EVENT OR USE OF ANY RELATED FACILITIES, GEAR, EQUIPMENT, OR APPARATUS.
3. I understand that participation in the Event can present hazards and danger of injury. My and/or my minor’s or ward’s participation is voluntary and I VOLUNTARILY ELECT TO ACCEPT ALL RISKS connected with my and/or my minor’s or ward’s participation of the Event.
4. Acknowledge that I am, and/or my minor/ward is, familiar with any equipment I and/or my minor/ward may be using, or will become familiar with it prior to use, including any safety and warning aspects of such equipment, and I and/or my minor/ward will comply with these. If I and/or my minor/ward fail(s) to do so for any reason, I ASSUME ALL RISK for myself and/or my minor/ward and assume all liability to others for such failure, and I HEREBY RELEASE Releasees for any failure or malfunction in the equipment or its inadequacy for the use I make of it.
5. Represent that I know of no disorder (physical, mental, or otherwise) which should keep me or my minor or ward from participating in the Event and I agree that I AM SOLEY RESPONSIBLE for any and all injuries or harm that I or my minor or ward may incur in participating in the Event.
6. I agree that this agreement shall apply to any incident or death associated with the Event, and to any injury, accident, death, or damages occurring directly or indirectly related to the Event any time after the execution hereof.
7. I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Utah, and shall be governed by and interpreted in accordance with the laws of the State of Utah. I further agree that in the event any court finds any part of this agreement unenforceable, then such court shall modify such enforceable part to the extent necessary to enforce the remaining parts and provisions of this agreement.
I HAVE READ THIS DOCUMENT. I UNDERSTAND IT AS A RELEASE AND WAIVER OF ALL CLAIMS OR RIGHTS TO FILE A LAWSUIT OR OTHERWISE RECOVER FROM RELEASEES. I UNDERSTAND I ASSUME ALL RISKS INHERENT IN THE EVENT AND IN THE ACTIVITIES I WILL PARTICIPATE IN. I HAVE BEEN GIVEN TIME TO CONSIDER WHETHER TO SIGN THIS RELEASE AND TO REVIEW IT WITH MY OWN COUNSEL, AND HAVE EITHER DONE SO OR VOLUNTARILY ELECTED NOT TO DO SO. I HAVE VOLUNTARILY SIGNED MY NAME SHOWING THAT I ACCEPT THE ABOVE PROVISIONS ON BEHALF OF MYSELF AND/OR MY MINOR OR WARD.
I UNDERSTAND THAT BY TYPING MY NAME INTO THIS AGREEMENT I AND ANY OF MY CHILDREN/WARDS WHO I AM SIGNING FOR SHALL HAVE (a) NO CLAIMS WHATSOEVER AGAINST, (b) HAVE NO RIGHT TO SUE, AND (c) HAVE NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE SLCA.
PARTICIPANT’S OR GUARDIAN’S TYPED SIGNATURE
By providing my Typed Signature, I ("Participant") agree to the terms and conditions set forth in the above Voluntary Release and Waiver for the Salt Lake Climbers Alliance.*