In consideration of the services of Utah Whitewaer Gear their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "UWG"), I hereby agree to release, indemnify, and discharge UWG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in paddleboat, or raft rental activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: accidental drowning; collision with fixed objects, or other watercraft; boat capsize and entrapment; equipment failure; high wind, waves, or other inclement weather and temperature exposure which could cause heat exhaustion, sunburn, and/or dehydration; exposure to cold water, could cause cold shock, hypothermia; exposure to potentially dangerous wild animals, aggressive and/or poisonous marine life, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.
Furthermore, UWG personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless UWG from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of UWG’s equipment or facilities, including any such claims which allege negligent acts or omissions of UWG.
Should UWG or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
In the event that I file a lawsuit against UWG, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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 UWG on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at UWG.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.