For purposes of this Waiver the term “Adventure Activities" shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the OPERATORS, including but not limited to participation in an adventure travel tour, travel to remote areas without access to medical facilities or treatment, animal encounters, canyoneering, caving, city tours, cycling, hang-gliding, horse riding and other animal mounted activities (e.g., camel riding, elephant riding), hot air balloon rides, element exposed outdoor activities, mountain biking, parasailing, rock/rope climbing, rappelling, zip lining, scuba diving, helicopter activities, white water rafting, travel in jet boats/speed boats, sailing, trekking, mountaineering, surfing, paragliding, travel to and from the tour areas, travel while at the tour area, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to these activities.
I acknowledge that if I have health insurance, it is my responsibility to check whether such insurance will cover trips such as the ones with the Releasees. I understand that Releasees do not provide any type of insurance whatsoever and that I have been advised to obtain suitable travel insurance on my own.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
1. TO WAIVE ANY AND ALL CLAIMS that I now have or that may arise in the future against THE OPERATORS AND RELEASEES and to RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or my next of kin may suffer, resulting from my participation in Adventure Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE ON THE PART OF THE OPERATORS OR RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE OPERATORS OR RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES (except gross negligence or reckless misconduct), BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE;2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATORS AND RELEASEES from any and all liability for damage to real or personal property or personal injury to any third party resulting from my participation in the Adventure Activities;3. That this Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, including in the event of my death or incapacity.4. That this Waiver and any rights, duties, and obligations as between the parties to this Waiver shall be governed by and interpreted solely in accordance with the laws of the State of Utah and no other jurisdiction and;5. Any litigation involving the parties to this Waiver shall be brought solely within the State of Utah and shall be within the exclusive jurisdiction of the Courts of the State of Utah.
I AM OF SOUND MENTAL CAPACITY TO EXECUTIVE THIS WAIVER AND I AM NOT RELYING UPON ANY ORAL,WRITTEN, PICTORIAL OR VIDEO REPRESENTATIONS OR STATEMENTS MADE BY THE OPERATORS OR RELEASEES WITH RESPECT TO THE SAFETY OF ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS WAIVER.I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS WAIVER PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS WAIVER I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CERTIFY THAT I, PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, HAVE THE CAPACITY TO AND DO CONSENT AND AGREE TO HIS/HER RELEASE OF ALL THE RELEASEES, AND FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FOR ANY AND ALL LIABILITIES INCIDENT TO THE UNDERSIGNED PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THESE ADVENTURE ACTIVITIES.