3. I hereby voluntarily and irrevocably release, forever discharge, and agree to indemnify and hold harmless Whisper Ridge and the landowner from any and all actions, claims, demands, causes of action, damages, costs, fees, and expenses of any kind, which are in any way connected with or related to my participation in this activity or my use of Whisper Ridge’s services, transportation, facilities, and/or equipment, including any such claims which allege negligent acts or omissions of Whisper Ridge.
4. Should Whisper Ridge or anyone acting on its behalf incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I represent and certify to Whisper Ridge that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this activity. Should my insurance prove insufficient, I agree to be solely responsible for all the costs of such injury or damage, whether to myself, to another participant, or to the property of another.
6. I represent and certify to Whisper Ridge that I, and if applicable my minor children, am/are physically and mentally capable of safely participating in this activity. I expressly agree to assume full financial responsibility and assume all risks to myself and my minor children for bodily injury, death, or loss of or damage to my/our personal property and expenses as a result of the inherent risks and dangers in this activity, and for my/our own negligence in participating in this activity. I warrant that I have the authority to make such decisions and accept such liabilities on behalf of my minor children and myself. I also expressly agree to assume full financial responsibility and assume all risks of any known or unknown medical or physical condition I or my minor children may have.
7. I agree that this agreement shall be governed by the laws of the State of Utah, without regard to Utah’s conflict of law rules or jurisprudence.
8. For purposes of interpreting this agreement or for any claims I may have relating to my participation in this activity, I irrevocably agree and consent to the exclusive jurisdiction and venue in the First Judicial District Court, Cache County, State of Utah, and I agree that no other court, anywhere, shall be a proper venue. I hereby knowingly and voluntarily waive any and all rights I may have to litigate any dispute I have with Whisper Ridge in any other court, including U. S. District Court for the District of Utah.
9. I affirm that my statements herein are true and correct, and I acknowledge and agree that Whisper Ridge, in agreeing to contract with me as a participant, has reasonably relied on my representations herein. My promises herein, in conjunction with my ticket price, constitute the full consideration to Whisper Ridge for my participation in this activity.
10. This Participation Agreement, Release, and Assumption of Risk is entered into by me for the benefit of Whisper Ridge and any and all landowners who have made their property available to Whisper Ridge for the activities contemplated herein.
It is the intent of the undersigned and Whisper Ridge that this agreement be interpreted as broadly and expansively as possible, with any questions about the scope of the release being interpreted in favor of releasing Whisper Ridge.By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Whisper Ridge on the basis of any claim from which I have released it herein.I have had sufficient time to read this agreement. I have fully read and understood this agreement and I agree on behalf of myself, my spouse, my children, my parents, my heirs, my assigns, my personal representatives, and my estate to be bound by its terms. I acknowledge I am not relying on any oral, written, or visual representation or statements made by Whisper Ridge, including those made in its brochures, on its website, or as part of any other promotional material or event, to induce me to participate in this activity.