R13, 2020-07-22

NOTE: All Seasons Adventures does not accept paper waivers, please submit electronically.

Powder Trout Adventure Company LLC dba All Seasons Adventures 


WAIVER AND RELEASE OF LIABILITY AGREEMENT

Please read carefully before signing

This is a release of liability and waiver of certain legal rights that is perpetual and does not expire

In consideration of me being permitted to participate in any activity as provided by Powder Trout Adventure Company LLC dba All Seasons Adventures (hereinafter referred to as “All Seasons Adventures”), I agree to the following Waiver and Release of Liability without any condition or reservation of rights.

I acknowledge that various recreational activities such as kayaking, rafting, fly fishing, hiking, mountain biking, snowshoeing, skiing (cross-country or otherwise), dog sledding, team building, and other pursuits and transportation associated with these activities all have risks, hazards, and dangers (inherent and non-inherent) that exist and All Seasons Adventures makes absolutely no guarantee or assurance regarding my safety and/or that of my minor child(ren). I UNDERSTAND THAT THESE RISKS, HAZARDS AND DANGERS INCLUDE BUT ARE NOT LIMITED TO:

  1. Water hazards in boating and wading in the rivers including drowning.
  2. Hiking and/or biking rugged country.
  3. Injuries from fishing equipment and other participants.
  4. Encounters with wildlife, animals and insects.
  5. Temperature extremes.
  6. Inclement weather conditions and unavailability of immediate medical attention in the outdoor environment in case of injury.
  7. Exposure/contraction of communicable disease/virus (due to worldwide pandemic or otherwise).

I understand the risks, hazards and dangers of the activities I will be participating in and have had the opportunity to research/investigate such risks, hazards and dangers to my satisfaction prior to signing this Agreement and that All Seasons Adventures provides services only and does not offer any express or implied warranties of any kind whatsoever. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I represent that I have good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities, but nevertheless understand that regardless of my abilities, I may still be exposed to risks, dangers and hazards that can cause injury and/or damage to me. I agree to follow all written and verbal instructions and warnings. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks (inherent and non-inherent) and, in doing so, I am not relying in any way on any discussions with All Seasons Adventures or its employees or agents. I AM VOLUNTARILY USING THE SERVICES OF ALL SEASONS ADVENTURES WITH THE FULL KNOWLEDGE THAT RISKS, HAZARDS, AND DANGERS EXIST (BOTH KNOWN AND UNKNOWN) AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF PROPERTY DAMAGE AND PERSONAL INJURY TO ME, INCLUDING BUT NOT LIMITED TO PARALYSIS AND DEATH.

I also for myself, my heirs, successors, executors and subrogees, to the fullest extent provided by law, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS ALL SEASONS ADVENTURES and their directors, officers, agents, employees, and volunteers FULLY AND FOREVER from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for property damage or any personal injury to me, including, but not limited to paralysis or death, which are related to, arise out of, or are in any way connected with my participation in any of these activities and/or any NEGLIGENCE of ALL SEASONS ADVENTURES or any other entity or person whether foreseen or unforeseen and regardless of when or what date the property damage or personal injury occurs on. I, for myself, my heirs, my successors, executors and subrogees further agree not to sue All Season Adventures as a result of any injury, paralysis or death suffered in connection with my use and participation in the activities in which I have chosen to participate as provided by All Seasons Adventures. I agree that any lawsuit that I file shall be filed in Utah State Court, or Federal District Court for the District of Utah and that Utah law shall apply. To the extent any portion of this Agreement is unenforceable, all remaining portions that are enforceable will remain in full force and effect.


I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT.   


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