RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

1. Activities and Associated Risks

I have chosen to participate in the instruction and/or operation of hydrofoiling, e-foiling, water sports, or any aspect of these, as well as the transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage (hereinafter referred to as “the Activities”), which is organized by Adventure Elevated, LLC (hereinafter referred to as “the Operator”). I understand that:

The Activities are inherently hazardous and involve known and unknown risks and dangers which may result in serious injury or death to myself, to other participants, or to third parties. These risks and dangers include, but are not limited to: unpredictable lake or river currents, lightning, hypothermia, hostile or aggressive wildlife, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, dangerous or unanticipated weather, overexertion, overheating, falls, fractures, concussions, severe injuries to the head, severe injuries to the neck, severe injuries to the back, surfers’ myelopathy, drowning, injuries from my lack of fitness or conditioning, equipment failures, or my failure to wear a personal flotation device or use other protective gear, or negligence of others;
I am solely responsible for my own safety and well-being while participating in the Activities;
Hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities; and
The Operator assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I incur.

In consideration of the permission to participate in the Activities, I agree to the terms contained in this document.

2. Assumption of the Risks

I hereby freely assume all risks, both known and unknown, associated with my participation in the Activities, including any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities, whether caused by the negligence of the Operator, its employees, agents, and officers, its contractors, and other Activities participants or otherwise. I also understand that any equipment that I provide or may borrow or rent from the Operator or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

3. Release of Liability

In consideration of the permission to participate in the Activities, I hereby RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Operator, its employees, agents, officers, and contractors, the providers of any equipment used in the Activities, landowners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES, INCLUDING THOSE CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR IN ANY WAY RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR IN ANY WAY RELATED TO THE ACTIVITIES, INCLUDING DURING TRANSPORTATION TO OR FROM THE ACTIVITIES. This release includes, but is not limited to, claims for personal injury, property damage, wrongful death, loss or harm, and any other claims or damages that may arise out of my participation in the Activities. This release does not extend to claims that Utah law does not permit to be released by agreement.

4. Indemnification, Hold Harmless, and Defense

I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. In accordance with these promises, I will promptly notify the Operator of any claims or potential claims that arise as a result of my participation in the Activities and will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.

5. Rules and Guidelines

I agree to follow all rules and guidelines set forth by the Operator during the Activities. I agree to follow directions given to me by the leaders of the Activities. I understand that failure to do so may result in my removal from the Activities and forfeiture of any fees paid.

6. Agreement to Wear Protective Gear

I agree to wear approved protective gear as instructed by the Operator. I understand that the protective gear is intended to reduce the risk of injury but cannot guarantee my safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to: the wearer’s face, neck, or spinal cord or from surfers’ myelopathy. I certify that I am a proficient swimmer.

7. Equipment Loss & Damage

In case of damaged or lost equipment that is the property of the Operator, the Operator will determine if the damage is a result of normal wear and tear and if the item can be repaired. If it is determined that the damage was the result of my negligence I will be responsible for the cost of repair or the cost of replacement if the item cannot be repaired. I acknowledge that I am responsible for all equipment damage outside of normal wear during the Activities.

8. Use of My Likeness

I understand that during the Activities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Adventure Elevated, LLC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

9. Severability

I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Utah law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.

10. Applicable Law and Forum

This Agreement shall be construed in accordance with the laws of the state of Utah, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the Superior Court of Salt Lake County, in Salt Lake City, Utah, or in the U.S. District Court for the District of Utah, and I agree to the jurisdiction and venue of those courts for any such dispute.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.