I, the undersigned, and if I am a person under 18 years of age, my parents and I (hereafter “I”), desire to participate in one or more activities, adventures or sports including wagon rides, horseback trail rides, mountain bike rides, go-carts, climbing wall, rappelling, zipline, ATV tours, paintball, shooting, archery, hiking and expeditions (collectively with all related operations, the “Activities”).
I understand and acknowledge that High Country Leasing, LLC dba East Zion Adventures and Ponderosa Resort, LC dba Zion Ponderosa Ranch Resort, where applicable; have consented to my participation in activities expressly subject to my execution of this waiver and release (this “Release”) and my performance of each of the obligations described in the Release.
I understand that the Activities involve SIGNIFICANT RISK OF PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR
EVEN DEATH. I understand and expressly accept that there are NATURAL, MANMADE, AND ENVIRONMENTAL CONDITIONS AND RISKS involved in being on property and in the Activities, including, falls, changing weather, variations in steepness or terrain, natural and manmade obstacles, equipment failure, collisions with objects, structures, or other people, animal bites, and reactions, bumps, burns, negligence of others or exceeding my own abilities, which may cause severe or even fatal injuries.
In consideration of my participation in the Activities, I agree to the following terms and conditions:
I expressly agree to assume all conditions, risks of injury and responsibility for all falls, accidents, personal injuries, and/or property damage, including all risks of injury or damages resulting from activities offered by High Country Leasing, L.C. dba East Zion Adventures; Zion Ponderosa Development Co., Inc.; Ponderosa Resort, L.C.; Ponderosa Ranch, L.C.; its agents, employees, property owners, or sponsors of the Activities (hereinafter collectively “East Zion”).
- 1. I agree to forever waive and release East Zion from any and all claims, damages, rights of action and injuries, losses and damages resulting in any way from my participation in any of the Activities or proximity thereto. I agree to indemnify and hold East Zion harmless from all claims, damages or injuries related to my participation in the Activities or proximity to the Activities, including reimbursement of any attorney’s fees and costs incurred by East Zion.
- 2. I agree that no lawsuit will be filed by me or on my behalf against East Zion as a result of my participation or proximity to the Activities or for any injuries or damages that I sustain. If I file a lawsuit, I agree to pay any attorney fees, costs, or judgments incurred by East Zion, and shall only file such lawsuit in a Utah court. I understand that this is a contract, which limits my legal rights and that it is binding upon my heirs and my legal representatives, if portions of this agreement are invalid, it is agreed that the remaining portions will remain enforceable.
- 3. I agree that I am responsible for my own safety and I shall accept and abide by the rules and regulations of each Activity. I shall follow all instruction and directions from East Zion and its employees and agree to ask questions to clarify misunderstandings of East Zion and its employees.
- 4. I irrevocably grant and agree that East Zion shall have the right to use, air, publish or reproduce photographs, video and/or pictures of my name, image and likeness for any lawful purpose.
- 5. I UNDERSTAND THAT I AM FINANCIALLY RESPONSIBLE FOR ANY AND ALL DAMAGE THAT I MAY CAUSE. I understand that if I damage equipment, unless I have purchased damage insurance, I will be financially responsible for all costs for repair. I further understand that the damage costs may not be determinable prior to the end of my stay. Accordingly, I specifically authorize and consent to the costs of repairs and other fees being charged to my credit card.
- 6. I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, AND I HAVE SIGNED IT VOLUNTARILY