VOLUNTARY RELEASE AND WAIVER
RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK, AGREEMENT TO PAY CLAIMS, AND PERMISSION TO PHOTOGRAPH/RECORD
I make this agreement for myself, and for my child(ren) if applicable (collectively, my “Child”). This agreement is in consideration of my Child and me being permitted to participate in some or all of the following activities (as defined below) as part of the event(s) coordinated by any of the SLCA Parties (the “Event”):
volunteering at Adopt-a-Crag events, including event set-up, transport, food preparation, and break-down
climbing area and related natural resource stewardship
trash and graffiti removal, including through use of industrial cleaning products
trail design, marking, construction, maintenance, and repair, including use of tools, debris and downed tree removal, and constructing steps, stairs, or performing other rock work
anchor replacement, including bolt removal, drilling, hammering, and tightening, and technical rope work
instructional clinics, workshops, and related festival activities
hiking, scrambling and technical climbing in connection with the Event
other similar, related and ancillary outdoor recreation and stewardship activities.
These activities are referred to as the “SLCA Activities.” Based on this consideration, I hereby agree as follows:
1. I am 18 years or older. I represent that I am the parent or legal guardian of my Child and have authority to enter into this agreement on behalf of my Child.
2. I understand that this agreement applies to all activities my Child and I may participate in during the Event, including all SLCA Activities.
3. I understand that Salt Lake Climbers Alliance, Inc., its subsidiaries and affiliates, and its and their respective officers, directors, members, managers, shareholders, agents, employees, sponsors, partners, insurers, lessors, successors and assigns (collectively, the “SLCA Parties”) do not make any endorsement, representation or warranty, express or implied, with regard to the SLCA Activities, including, but not limited to, activities provided by or using equipment of third party vendors. I acknowledge that the SLCA Parties disclaim all liability for any loss arising from the participation in any SLCA Activities, including, but not limited to, SLCA Activities provided by or using equipment of third party vendors.
4. My Child has no existing medical condition that could worsen or result in further injury (to my Child or to others) as a result of my Child’s participation in the SLCA Activities. I have no existing medical condition that could worsen or result in further injury (to myself or to others) as a result of my participation in the SLCA Activities.
5. I understand that vehicles used for transportation, including, but not limited to automobiles, ATVs, UTVs, and mountain bikes may not be equipped with child restraining devices (e.g., child car seats or their equivalent). I accept sole responsibility for providing, installing and removing any such seat(s) or devices for my Child.
6. I am aware of the inherent risks associated with my Child’s and my participation in the SLCA Activities, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my Child’s, my own, or others’ actions, inaction, or negligence, conditions related to travel, or conditions of the location of the SLCA Activities, and those dangers and conditions which are an integral part of the SLCA Activities, including, but not limited to:
· changing weather conditions
· surface or subsurface conditions such as bare spots, forest growth, rocks (including loose rock and rock fall), stumps, streambeds, cliffs, trees and other natural objects
· variations and steepness in terrain, whether natural or as a result of design operations, and other terrain modifications, and all other constructed and natural features
· dangerous or unsafe litter or debris, including sharp or heavy objects, broken glass, razor blades, syringes, hazardous household products, dead animals, condoms, all unlabeled jugs, bottles and drums
· the potential for equipment failure, including as a result of human error
· impact with structures and their components such as signs, bridges, posts, fences or enclosures, hydrants, or water pipes
· collisions with other participants or equipment used by other participants in the SLCA Activities
· the failure of a participant in SLCA Activities to participate within the participant’s abilities
· the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others
I understand these risks include those related to food or alcoholic beverages prepared at the Event or at another location for consumption during the SLCA Activities. Nevertheless, I assume all related risks, both known or unknown to me, for my Child and for myself as a condition of my Child and me being permitted to participate in the SLCA Activities.
7. For my Child, for myself and my spouse, and for my and my Child’s heirs, successors and assigns, I release the SLCA Parties from liability from, and promise not to sue any of the SLCA Parties for, any and all claims, including claims of the SLCA Parties’ negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss my Child or I may suffer because of my Child’s or my transportation to or from, or participation in, the SLCA Activities, including but not limited to those caused by or in any way related to food or alcoholic beverages prepared at the Event or at another location for consumption during the SLCA Activities.
8. I agree to hold the SLCA Parties harmless from any and all claims, including attorney’s fees, personal injury, or damage to my Child’s property or my property, as a result of my Child’s or my transportation to or from, or participation in, the SLCA Activities. If the SLCA Parties incur these types of expenses, I agree to indemnify and reimburse the SLCA Parties.
9. For my Child and myself, I give permission to the SLCA Parties to take pictures and record and tape my Child’s and my participation in the SLCA Activities. For my Child and myself, I agree that the SLCA Parties may use, copyright, sell, distribute, edit, exhibit and reproduce such pictures and recordings of my Child and/or me as a participant in the SLCA Activities on promotional materials published and used by the SLCA Parties. For my Child and myself, I waive any rights I may have (i) to approve such pictures or recordings or (ii) receive compensation relating to the use of such pictures or recordings.
10. I understand the legal consequences of signing this agreement, including but not limited to (i) releasing the SLCA Parties from liability on my and my Child’s behalf, (b) promising not to sue the SLCA Parties on my or my Child’s behalf, and (c) assuming all risks of my and my Child’s participation in the SLCA Activities.
11. I agree and acknowledge that the SLCA Parties can rely on my representations in this agreement.
12. I understand that this agreement is written to be as broad and inclusive as legally permitted by the State of Utah. I agree that if any portion is held invalid or unenforceable, I and my Child will continue to be bound by the remaining terms.
I have read this three-page agreement, and I am signing it voluntarily. No other statements or representations have been made to me about the legal effect of this agreement.
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.*