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REDSTONE PEAKS, PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION * * * * PLEASE READ THIS DOCUMENT CAREFULLY * * * * BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY Redstone Peaks consists of two properties located at 508 Old Paragonah Hwy Parowan, UT 84761 and 436 Old Paragonah Hwy Parowan, UT 84761. And is recorded as Iron County APN #C-0007-0013-0003, C-0007-0013-0002, C-0590-0002- 0001-02, and C-0604-0000-0000
Initial Here BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHTS AND THE RIGHTS OF MY SPOUSE AND/OR CHILD(REN) TO SUE REDSTONE PEAKS FOR ANY INJURY, INCLUDING PARALYSIS OR DEATH, CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF REDSTONE PEAKS, INCLUDING ANY OF ITS OWNERS, AFFILIATES, AGENTS, EMPLOYEES AND EQUIPMENT SUPPLIERS.
Initial Here PLEASE ONLY ATTEND Redstone Peaks IF THE FOLLOWING APPLY:
(1) You and your minor are healthy enough to participate, and do not feeling sick and have not been coughing, sneezing, short of breath, with fever or otherwise not feeling well and (2) You do not live with or visited a person or family member that has been diagnosed with or suspected of having COVID-19.
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that: (1) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, (2) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, (3) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself or my child(ren)/ward(s) from participation and bring such to the attention Redstone Peaks management team immediately; and (4) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and, (5) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS REDSTONE PEAKS, its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Initial Here In consideration of being allowed to participate in any or all of the services and activities, including, but not limited to, zip Lining, kayaking, fishing, horseback riding, swimming in either the pool or the pond, shooting, riding motorized vehicles (such as quads, side-by-sides, snowmobiles and dirtbikes), trampolining, tennis, pickleball, volleyball, mini golf, pump track, mountain biking, woodshop activities, and heavy equipment such as a caterpillar Skid Steer and any other activities (collectively “ACTIVITIES”), provided by REDSTONE PEAKS and its agents, owners, parent company, subsidiaries, affiliated facilities, franchisors, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “REDSTONE PEAKS”), I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge REDSTONE PEAKS on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider the areas used by REDSTONE PEAKS as premises and facilities for ACTIVITIES. It is further warranted that such entry into REDSTONE PEAKS for observation or use of any facilities or equipment or participation in ACTIVITIES constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)/ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that (i) I/we are in good health and in proper physical condition to participate in the Activities in which REDSTONE PEAKS provides; and (ii) I/we are not, and during ACTIVITIES will not be, under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in ACTIVITIES; (iii) I/we have not been advised against activities by a health professional; and (iv) I/we agree that I/we do not have to participate in any ACTIVITIES I/we do not voluntarily wish to participate in and that I/we will only participate in any ACTIVITIES for which I/we have sufficient skill to avoid injury. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in ACTIVITIES. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), agree to be familiar with and to abide by the rules established for the ACTIVITIES, which include without limitation the rules posted in the facility and/or the website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the ACTIVITIES, and the condition and adequacy of the equipment.
Initial Here (1) ASSUMPTION OF RISK AND RELEASE OF LIABILITY: I acknowledge that I and/or my spouse, minor child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the ACTIVITIES, which I agree are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained monitors; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my spouse and/or my child(ren)/ward(s), REDSTONE PEAKS, and/or any other person and/or entity while on the premises utilizes by REDSTONE PEAKS. I hereby voluntarily assume all such risks. I further understand and acknowledge that REDSTONE PEAKS does not manufacture the equipment or maintain or own the facilities utilized by or provided by or provided by REDSTONE PEAKS but purchases and/or leases the facilities and equipment and therefore REDSTONE PEAKS may not be held liable for defective products. Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about facility utilized by or provided by or provided by REDSTONE PEAKS, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s) hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue REDSTONE PEAKS, including its suppliers, designers, installers, manufacturers of any equipment, or such other material and equipment utilized by or provided by REDSTONE PEAKS (all hereinafter referred to as “EQUIPMENT SUPPLIERS”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by REDSTONE PEAKS or any EQUIPMENT SUPPLIERS while in or about the premises and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises utilized by or provided by REDSTONE PEAKS and/or while using any items purchased in or about the premises utilized by or provided by REDSTONE PEAKS, whether the action arises out of any damage, loss, personal injury, emotional injury, or death to me or my spouse, minor child(ren)/ward(s). This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of REDSTONE PEAKS and/or any EQUIPMENT SUPPLIERS.
Initial Here (2) INDEMNIFICATION: I understand that the known and unknown risks may be caused in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions of others participating in activities, or the acts, inaction or any type of negligence of REDSTONE PEAKS or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to enter onto and into facilities utilized by or provided by REDSTONE PEAKS for observation or use of any facilities or equipment or participation in ACTIVITIES, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) while in or about the premises utilized by or provided by REDSTONE PEAKS and/or while participating in or as a result of participating in any of the ACTIVITIES in or about the premises utilized by or provided by REDSTONE PEAKS and/or while using any items purchased in or about the premises utilized by or provided by REDSTONE PEAKS, including any such loss due to the sole or partial negligence of REDSTONE PEAKS and all EQUIPMENT SUPPLIERS and agree to indemnify and hold harmless REDSTONE PEAKS and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by REDSTONE PEAKS and all EQUIPMENT SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against REDSTONE PEAKS and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgments REDSTONE PEAKS and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of REDSTONE PEAKS or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/ward(s) I further agree to indemnify and hold harmless REDSTONE PEAKS for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to REDSTONE PEAKS or the facility utilized by or provided by REDSTONE PEAKS and/or to any and all other persons and entities acting in any capacity on behalf of REDSTONE PEAKS.
Initial Here(3) LIABILITY BY PARTICIPANT TO REDSTONE PEAKS: I, on behalf of myself and/or my spouse and my minor child(ren)/ward(s) agree that if I and/or my spouse and my minor child(ren)/ward(s) damage any of the assets located at REDSTONE PEAKS that I, on behalf of myself and/or my spouse and my minor child(ren)/ward(s) agree to pay all necessary costs to restore REDSTONE PEAKS and the assets at REDSTONE PEAKS to the condition prior to the damage I and/or my spouse and/or my minor child(ren)/ward(s) caused.
Initial Here (4) LIABILITY FOR PROPERTY: I, on behalf of myself and/or my spouse and my minor child(ren)/ward(s) agree REDSTONE PEAKS is not liable to me/us or our guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the REDSTONE PEAKS premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise, whether or not REDSTONE PEAKS was negligent.
Initial Here(5) ATTORNEYS’ FEES: To the extent permitted by law, I promise to indemnify and pay REDSTONE PEAKS for any attorneys’ fees and/or costs incurred to enforce the Mediation, Non Binding Arbitration portion of this agreement, including all costs associated with any collection efforts.
Initial Here(6) PHOTO RELEASE: By entering facilities utilized or provided by REDSTONE PEAKS and participating in the ACTIVITIES, I hereby grant REDSTONE PEAKS on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with REDSTONE PEAKS and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind.
Initial Here(7) TERMS OF AGREEMENT: I understand that this agreement extends through _______________________ and will have full force and legal effect each and every time I or my spouse and/ or child(ren)/ward(s) attend ACTIVITIES at REDSTONE PEAKS. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of UTAH and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Initial Here (8) MEDIATION, NON-BINDING ARBITRATION AND VENUE: If a dispute arises out of or relates to this Agreement and/or REDSTONE PEAKS and/or EQUIPMENT SUPPLIERS and/or any ACTIVITIES and/or an incident that occurs while on the premises utilized by or provided by REDSTONE PEAKS, and/or while using any items purchased in or about the premises utilized by or provided by REDSTONE PEAKS, as well as the installation, design, construction, and condition of the facility utilized by or provided by REDSTONE PEAKS and/or EQUIPMENT SUPPLIERS, involving a single claimant, or claimants who are related or asserting claims arising from a single incident and if the dispute cannot be settled through direct negotiations, and unless the parties agree on a different mediation or non-binding arbitration process, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (the “AAA”) under its Commercial Mediation Procedures available at http://www.adr.org before resorting to non-binding arbitration. Thereafter, any unresolved claims shall be submitted to non-binding arbitration administered by the AAA in accordance with its Non-Binding Consumer Arbitration Rules, except that Rule R-2 (e) is amended to allow an answer to be filed within thirty (30) calendar days. The arbitration shall be governed by the laws of the State of Nevada. In-person hearings will take place pursuant to the Non-Binding Consumer Arbitration Rules in the county/parish and state in which REDSTONE PEAKS is located. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any non-binding arbitration hereunder without the prior written consent of both parties. The parties agree to mediation and non-binding arbitration of any and all claims, disputes and grievances, not otherwise excepted herein, arising out of or relating to this Agreement, the participation in any on-site ACTIVITIES and/or while on the premises, and/or while using any items purchased in or about the premises, as well as the installation, design, construction, and condition of the facility utilized by or provided by REDSTONE PEAKS and/or EQUIPMENT SUPPLIERS. A copy of the Rules mentioned herein may be obtained from the AAA by visiting AAA’s website at http://www.adr.org. The scope of this Agreement is intended to be as broad as possible under applicable law, and shall include all types of negligence, tort, contract, statutory and administrative actions. The parties further agree to submit to non-binding arbitration the issues of substantive and procedural arbitrability, including defenses to arbitration and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Agreement. The parties reserve their rights to resolve disputes involving less than $10,000.00 in an applicable small claims or district court in the State of Nevada. In the event non-binding arbitration does not totally resolve all claims, it is agreed that the sole and exclusive venue for any lawsuit filed against REDSTONE PEAKS shall be in the county of Clark and State of Nevada. It is further agreed that the substantive law of the State of Nevada shall apply without regard to any conflict of law rules. Unless all parties agree otherwise, the non-binding arbitration decision or award may not be entered in any federal or state court having jurisdiction.
Initial Here By signing this document, whether in written or electronic format, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action in court or to be decided by a jury against REDSTONE PEAKS on the basis of any claim from which I have released REDSTONE PEAKS and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless REDSTONE PEAKS and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by REDSTONE PEAKS and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against REDSTONE PEAKS and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
Initial Here You MUST be 18 years old or older to sign your own waiver You MUST be the Parent or Legal Guardian to sign for a minor (under age 18)