TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
The undersigned acknowledges that TOTAL ARCHERY CHALLENGE “TAC” is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. THE UNDERSIGNED HEREBY ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN TAC AND ITS EVENTS.
The undersigned certifies that the attendee is physically fit, has sufficiently trained for participation in this event, and has not been told by anyone that they shouldn't participate.
The undersigned hereby takes the following action for themselves/attendee, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on their behalf, and expressly acknowledges that it is their intent to take these actions:
(a) THE UNDERSIGNED AGREES that attendee will abide by the competitive rules adopted by TAC;
(b) THE UNDERSIGNED AGREES that if they believe any of the course, facilities, equipment, and areas to be used to be unsafe they will advise the person supervising the event, activity, facility, or area;
(c) THE UNDERSIGNED WAIVES AND RELEASES ALL RIGHTS TO, AND DISCHARGE FROM, ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO ATTENDEE’S PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES:
Releases and/or Related Parties, TAC sponsors, all states, cities, counties, or localities in which events or segments of events are held, even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity;
THE UNDERSIGNED ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN THIS EVENT. THE UNDERSIGNED ALSO ASSUMES ANY AND ALL OTHER RISKS associated with attendee participating in this event, all such risks being known and appreciated by them, and further acknowledges that these risks include risks that may be the negligence of the persons or
entities mentioned above in paragraph (c) or other persons or entities. The undersigned acknowledges that weather, terrain, wildlife, and other natural conditions may pose risks to attendee, and voluntarily assumes all such risks. The undersigned acknowledges that by participating in a large event with many people, the attendee is at risk of contracting an illness
including, but not limited to, COVID-19, and assumes this risk.
(d) THE UNDERSIGNED AGREES NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, losses, or liabilities that the undersigned has waived, released or discharged herein;
(e) THE UNDERSIGNED AGREES TO INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of:
(i) attendee’s actions or inactions,
(ii) the actions or inactions of others, up to and including negligence, with particular emphasis on those parties under section (c) above,
(iii) the conditions of the facilities, equipment, or areas where the event is being conducted,
(iv) the Competitive Rules, or
(v) any other harm caused by an occurrence related to this TAC event.
(f) THE UNDERSIGNED GRANTS PERMISSION for the use of attendees name and/or likeness relating to participation in TAC event, and waives all right to any future compensation to which may otherwise be entitled as a result of the use of my likeness. THE UNDERSIGNED UNDERSTANDS that this usage may include attendee’s likeness being used online, in social
media, in TAC advertising, and other additional uses
(g) THE UNDERSIGNED AUTHORIZES event personnel to secure emergency medical treatment on attendee’s behalf if deemed necessary and the undersigned is unable to consent to said medical treatment, and the undersigned assumes all financial responsibility for such treatment.
(h) THE UNDERSIGNED UNDERSTANDS and accepts that the entry fee is non-refundable under any circumstance.
If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
THE UNDERSIGNED HEREBY AFFIRMS THAT THEY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THE UNDERSIGNED HAS READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE FOLLOWING SECTION.
BRIAN HEAD RECREATION I, LLC DBA BRIAN HEAD RESORT
WARNING, ASSUMPTION of RISK, LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person participating in the TOTAL ARCHERY CHALLENGE or other events, or activities related thereto, at Brian Head Resort shall be referred to hereinafter as“PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that participating in Total Archery Challenge, including but not limited to USE OF ARCHERY EQUIPMENT, COMPETING IN EVENTS, riding the SCENIC CHAIRLIFT, HIKING AND CLIMBING IN MOUNTAIN TERRAIN whether self-guided or with guide, climbing on NATURAL ROCK, and riding in RESORT VEHICLES, for any purpose (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
2. The Undersigned represent that Participant has the physical and emotional ability to participate in the ACTIVITY and agree and understand that ANY OR ALL OF THE VARIOUS ACTIVITY(IES), require physical exertion, can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH which could occur including the risks of being STRUCK BY AN ARROW, inexperienced or careless shooters, equipment failures, negligent acts or omissions by other shooters, loading, riding and unloading the aerial lifts, changing weather conditions, loose gravel and dirt, rocks, uneven terrain, collisions with natural, man-made and other objects or persons, climbing stairs, dangers from flying objects whether man-made or natural from other participants or yourself, and all of the other risks that are included in participation in the sport of archery and other related various outdoor activities in a mountain environment INCLUDING BUT NOT LIMITED TO THE FOLLOWING UNDERSTANDING:
I understand that this ACTIVITY includes hazards and risks and that these risks include, but are not limited to: sharp arrows being shot in the area, careless or inexperienced shooters, negligent acts or omissions by other shooters, equipment failure, improper use of equipment, existing and changing trail conditions, rocks of various sizes, rugged mountainous terrain, collisions with natural or man-made objects, varying slopes, uneven and/or slippery trail conditions, varying weather and surface conditions, variations in terrain, bumps, stumps, forest growth, trees, erosion, loose dirt and gravel, wet surfaces, holes and potholes, downed timber, debris, bikes and vehicles, paved and unpaved surfaces, soft shoulders, lightning, strenuous activity, dehydration, high altitude, becoming lost or separated, driving to and from the ACTIVITY site. Participant assumes the responsibility of and certifies that they are familiar with the rules of safe archery equipment handling and use. Participant is responsible for reading, understanding and complying with all signage, including instructions on use of lifts. Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts. Further, the Undersigned understand that a MINOR Participant may use the ski lifts WITHOUT AN ADULTpresent. The Undersigned are advised that vehicles, structures and other equipment may be encountered at any time, and the Undersigned recognize that falls and collisions occur and injuries are a common and ordinary occurrence of the ACTIVITY.
3. Participant is responsible for reading, understanding and complying with all signage and direction from event officials. The Undersigned are advised that vehicles, structures, other participants and other equipment may be encountered at any time. Participant represents that he/she is sufficiently fit, healthy, skilled and physically trained to participate in the Activity. Undersigned UNDERSTAND and AGREE that Undersigned is responsible for obtaining LIFE, ACCIDENT and HEALTH INSURANCE BEFORE PARTICIPATING in the Activity.
4. The Undersigned acknowledge and understand that the description of the risks listed above are not complete and that participating in the Activity, whether or not described, may be dangerous and may also include risks which are inherent and/or which cannot be reasonably avoided without changing the nature of the Activity. By signing this document, the Undersigned recognize that property loss, injury, serious injury and death are ALL POSSIBLE while participating in the Activity. The UNDERSIGNED AGREES THEY WILL NOT consume ALCOHOL OR DRUGS OF ANY KIND before, during or after the Activity and that DOING SO WOULD GREATLY INCREASE THE RISK OF INJURY OR DEATH.
5. The Undersigned understand that the Participant has the opportunity to inspect the training course and/or competition course prior to participating in the Activity and that Undersigned assumes the risk of all course conditions, including but not limited to course construction or layout and obstacles, the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Party identified in Paragraph 7 below. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
6. In consideration for allowing the PARTICIPANT to participate in the ACTIVITY THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY/REIMBURSE The United States Forest Service, Brian Head Recreation I, LLC, their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) FOR ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’S participation in the ACTIVITY, including those claims based on any RELEASED PARTY’S alleged or actual NEGLIGENCE or BREACH OF any express or implied WARRANTY or any STATUTE.
7. THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO DEFEND AND INDEMNIFY/REIMBURSE/ each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT’S participation in the ACTIVITY. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.
8. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for the PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims arising therefrom.
9. In the case of a minor PARTICIPANT, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that but for the foregoing, the minor PARTICIPANT would not be permitted to participate in the ACTIVITY.
10. By signing this release without a parent or guardian’s signature, the PARTICIPANTrepresents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, Undersigned represents that you are the legal parent or guardian of the minor PARTICIPANT.
11. The Undersigned understand and acknowledge that this Agreement IS A CONTRACT and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be BINDING upon UNDERSIGNED, the assignees, subrogors, heirs, next of kin, executors and personal representatives of the Undersigned, AND THE MINOR FOR WHOM SIGNING.
12. The undersigned gives FULL PERMISSION for Resort to use ANY AUDIO OR VISUAL MATERIALS of myself or said Minor(s) taken at the resort, and by signing below, Undersigned is releasing the use of any audio or visual materials taken, or on file, for any uses by Resort. It is agreed that all said images and sound recordings shall constitute the property of Resort, solely and completely.
13. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall also be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.
14. In exchange for, and in consideration of, BRIAN HEAD RESORT making the ski area available to me and my child(ren) for participation in The ACTIVITY and related activities, I CONTRACTUALLY AGREE that any and all disputes between MYSELF or any MINOR for whom I am signing and BRIAN HEAD RESORT arising from riding the lift and/or participating in ARCHERY and related activities and including any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE OF UTAH and the EXCLUSIVE JURISDICTION thereof will be in the STATE OR DISTRICT COURT for IRON COUNTY, STATE OF UTAH.
THIS IS A CONTRACT. DON’T SIGN IT IF YOU DON’T UNDERSTAND IT. IT IS A FULL RELEASE, WHICH MEANS YOU CAN’T SUE IF HURT. IT IS AN INDEMNITY CONTRACT, WHICH MEANS IF YOU BREAK THIS CONTRACT AND SUE, YOU WOULD HAVE TO PAY THE RESORT’S ATTORNEYS FEES AND COSTS AS WELL AS ALL OTHER MONEY EXPENSES.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST, INCLUDING THOSE OF ANY MINOR FOR WHOM I AM SIGNING.
