Operation Pay It Forward, LLC Acknowledgement, Waiver & Release from Liability Agreement
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NOTICE: THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO SUE OR BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO YOURSELF OR YOUR PROPERTY.
1. Assumption of Risks.*
I consent with all terms in section 1.
I, for myself or as the parent/legal guardian of a participating minor child, wish to engage in some or all of the following activities, including but not limited to: Hunting, Fishing, Shooting, Horseback Riding, Traveling to and from Events, ATV/Razor Riding, Snowmobiling, Dog Sledding, Archery, Hiking, and Mountain Biking (hereinafter, the “Activities”). I agree to abide by the rules and policies adopted by Operation Pay It Forward, LLC, its directors, officers and volunteers (hereinafter “Operation Pay It Forward”) and any of its Vendors, Affiliates, and Donors (hereinafter “Affiliates”) that pertain to the Activities. I understand and acknowledge that engaging in the Activities involves inherent risks and dangers. I am also aware that hazards may exist, may be unmarked and occur without warning, and that appropriate safety equipment, proficiency checks, supervision and enforcement of rules by Operation Pay It Forward and the above named do not and cannot guarantee my/my minor child’s safety. I am/my minor child is able to perform the essential functions of the Activities, and I am/my minor child is freely and voluntarily engaging in such Activities. I specifically understand that loaded firearms and weapons may be discharged not only by myself, but also by others participating in said Activities. I and my minor child do hereby agree to assume the risks of injuries, damages and death that may occur in connection with said Activities, including, without limitation, the use and discharge of firearms, and acknowledge that we do perform these Activities of our own free will and choice. I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTOOD THE PROVISIONS OF THIS DOCUMENT, THAT I AM OF SOUND MIND, THAT I HAVE LEGAL AUTHORITY AND FREELY ACCEPT AND FULLY ASSUME THE RISK THAT I/MY MINOR CHILD MAY SUFFER PROPERTY DAMAGE, SEVERE PERSONAL INJURY OR EVEN DEATH WHILE ENGAGING IN THE ACTIVITIES.
2. Indemnification.*
I consent with all terms in section 2.
By signing this document, I accept all liability and responsibility for everyone in my party, including friends and family, and agree to pay all costs associated with each individual. I hereby agree to indemnify and hold Operation Pay It Forward and its Affiliates harmless from any injuries, damages and/or death that may occur or result from participating in the Activities described herein.
3. Consent.*
I consent with with all terms in section 3.
I acknowledge that I am/my minor child is participating in the Activities, and that I am/my minor child is a guest of Operation Pay It Forward. I hereby consent to administration of first aid and other emergency medical treatment for any injury or illness that may occur during my/my minor child’s engagement in the Activities. I have/my minor child has adequate health insurance or resources to cover the costs of treatment in case of any injury. I assume full responsibility for the selection and use of personal transportation for me/my minor child in connection with the Activities. I agree to refrain/cause my minor child to refrain from, and not be impaired by, the use of alcohol or any controlled substance while engaging in the Activities. I also grant to Operation Pay It Forward and its Affiliates the use of any photos, video recordings, or other media to be used for future publicity without payment.
4. Waiver Release and Indemnification.*
I consent with all terms in section 4.
Waiver, Release and Indemnification. In consideration for my being allowed to participate in the Activities, and in recognition of the inherent risks of the Activities, I knowingly and intentionally agree on behalf of myself, my/our heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me, or on my behalf, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY, RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE Operation Pay It Forward or its Affiliates with respect to all actions, suits, claims damages and liability (INCLUDING ATTORNEY FEES OR COSTS) or demands, obligations and/or causes of action of any nature whatsoever which I/we or, my heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me may have against Operation Pay It Forward or its Affiliates, on account of any personal injury, property damage, death or accident of any kind, arising out of or in any way connected with participation in the Activities. I agree to indemnify and hold harmless Operation Pay It Forward and its Affiliates from any and all liabilities or claims made by other individuals or entities as a result of my participation in the Activities. This release shall be effective even though said loss, damage, injury, paralysis, loss, or death results or has resulted from negligence, wrongful acts, omissions, breach of warranty or strict tort liability of Operation Pay It Forward and its Affiliates.
5. Covenant Not to Sue.*
I consent with all terms in section 5.
I agree never to institute any lawsuit of any nature, any action at law, or otherwise against Operation Pay It Forward and its Affiliates, nor to initiate or assist the prosecution of any claim for damages or any cause of action which I may have by reason of injury to me, my minor child, or damage to property arising out of the Activities. Should any lawsuit or action at law be instituted in violation of this Section, I agree that Operation Pay It Forward and its Affiliates shall be entitled to recover, in addition to any other damages which may be incurred, all attorney fees and costs incurred in the defense of such actions, including appellate proceedings.
6. Damage Policy.*
I consent with all terms in section 6.
I agree to pay any and all damages to machines, equipment, and/or property, including transportation costs to and from the repair shop, lost rental charges, extra credit card transaction fees, interest on late payment over seven (7) days of charge date, and any and all other expenses from Operation Pay It Forward and its Affiliates, including collection fees.
7. Severability.*
I consent with all terms in section 7.
I agree that if any provision of this Waiver is determined to be unenforceable, the remaining provisions of the Agreement will be legally binding and enforceable.
8. Applicable Law / Venue / Jurisdiction.*
I consent with all terms in section 8.
I agree that the laws of the State of Utah shall apply to all issues arising out of this Agreement, including but not limited to the construction, interpretation, and validity of this Agreement, and that Utah law shall govern any dispute between me and Operation Pay It Forward and its Affiliates. By signing this Agreement, I, on behalf of myself, heirs, next of kin, assigns, executors, administrators, guardians, and legal representatives, submit to the jurisdiction of the State of Utah.