Liability Waiver and Release of Claims
This Liability Waiver and Release of Claims ("Agreement") is entered into voluntarily by the undersigned participant ("Participant") for the benefit of JP Adventures ("Company"), a Utah-based company providing private and corporate adventure experiences, including but not limited to snowshoeing, fishing, and UTV off-road tours (collectively, the "Activities").
By signing this Agreement, Participant acknowledges and agrees to the following:
Assumption of Risk
Participant acknowledges that the Activities involve inherent risks, dangers, and hazards, including but not limited to:
Uneven or unstable terrain;
Equipment malfunctions or failure;
Weather-related risks (e.g., extreme temperatures, storms, or avalanches);
Encounters with wildlife;
Physical exertion leading to injury or illness;
The negligence of other participants or third parties;
Potential rollovers or vehicle accidents specific to UTVs;
Risks associated with high-speed travel over rough terrain;
Exposure to dust, debris, or environmental hazards.
Participant understands that these risks can result in serious physical injury, permanent disability, death, property damage, or financial loss. By signing this Agreement, Participant voluntarily assumes all risks associated with the Activities.
Release of Liability
Participant agrees to release, waive, and discharge the Company, its owners, officers, employees, agents, representatives, contractors, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action, arising out of or related to participation in the Activities, including but not limited to:
Personal injury or death;
Property damage or loss;
Financial or other damages, whether caused by the negligence of the Released Parties or otherwise.
Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, damages, costs, or expenses (including reasonable attorney fees) brought by any third party arising out of or related to Participant's participation in the Activities.
Medical Acknowledgment
Participant represents that they are physically fit and capable of safely participating in the Activities. Participant acknowledges that they are solely responsible for any medical conditions that may arise or be exacerbated during the Activities. In the event of an emergency, Participant consents to medical treatment at their own expense.
Compliance with Instructions
Participant agrees to comply with all safety instructions, rules, and guidelines provided by the Company or its representatives during the Activities. Participant agrees to use the UTV responsibly and acknowledges that the condition of the vehicle can impact safety. Participant agrees not to consume alcohol or use drugs that could impair judgment before or during the Activities. Failure to comply may result in removal from the Activities without refund.
Media Release
Participant grants the Company permission to capture and use photographs, videos, or other media of Participant taken during the Activities for promotional purposes, without compensation or further consent. If Participant does not wish to be included in media, they must notify the Company in writing prior to the Activities.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Utah. Any disputes arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Utah.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Acknowledgment of Understanding
By signing below, Participant acknowledges that they have carefully read this Agreement, fully understand its contents, and agree to be bound by its terms. Participant further agrees that this Agreement is binding on their heirs, assigns, personal representatives, and estate.
