Grand Dynamics Waiver:
In consideration of the services of Grand Dynamics, Inc. their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “GD”), I hereby agree to release, indemnify, and discharge GD, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in hiking, individual and group initiatives, problem solving exercises and personal growth and development training entails unknown and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks may include, among other things: Strenuous physical activity; slips and falls; sprains, strains, broken bones; inclement weather; other participants and/or my own negligence; and emotional stress.
Furthermore, GD facilitators have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless GD from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of GD’s equipment or facilities.
4. Should GD or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against GD, I agree to do so solely in the state of Wyoming, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree that Grand Dynamics has permission to utilize any audio-visual materials taken of me while participating in any Grand Dynamics event for promotional use.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against GD on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Snow King Waiver:
PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS AN ASSUMPTION OF RISK, RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. The undersigned, being at least 18 years old, (and/or being the parent or guardian of a minor less than 18 years old and accompanying such a minor) has read and signed the following assumption of risk, release, and waiver (“Agreement”) and shall hereafter be referred to as "I".
2. I warrant and represent that I am in good health and that there are not special problems associated with my health that are not specifically listed on this release that will prevent or impede my safe participation in this activity.
3. The Tough Towner is an obstacle course race that includes calisthentics, hiking, walking and running. I am voluntarily choosing to participate in the Tough Towner (hereinafter referred to as “Activities) either as a participant, competitor, and/or volunteer, and fully understand that the terms of this agreement are binding upon me regardless of the capacity in which I am participating in the Activities.
4. I am fully aware and acknowledge that participating in the Activities, including use of chair lifts, is an inherently dangerous and risky activity and that I have been fully informed of the inherent risks and dangers of such Activities. I understand that engaging in the Activities involves inherent risks, hazards and dangers that may result in severe personal injury, incapacity, and/or death to me and others. I understand and acknowledge that SOME, although not all of the inherent risks, hazards and dangers of the Activities include:
I understand that changing weather conditions, dangerous terrain, collisions with fixed or moving objects, collisions with other persons participating in this activity, falling, keeping proper intervals, improper use of equipment, or mechanical failure of equipment may result in severe personal injury, incapacity and/or death to me and others. I recognize that injuries are a common and ordinary result of the Activities. Nonetheless, I voluntarily elect to participate in the Activities.
5. I understand and acknowledge that all of the inherent risks and dangers of the Activities cannot be fully foreseen and, therefore, that the above-noted risks and hazards are just examples and are not interpreted by me to be an exhaustive list of all possible hazards, risks, or dangers associated with such activities. Moreover, I recognize and am aware that Snow King Holdings, LLC, Snow King Mountain Recreation, LLC, and their respective subsidiaries, affiliates, owners, officers, directors, agents, servants, representatives and employees (collectively, the “Released Parties”) cannot eliminate or reduce the hazards, risks, and dangers associated with such activities. I therefore agree to assume and accept full responsibility for the hazards, risks and dangers of the Activities identified herein together with those risks not specifically identified herein, however caused, to the fullest extent allowed by law.
6. I understand that the Activities may require a degree of skill and knowledge different from other activities I have participated in. I certify, however, that I am fully capable of participating in the Activities. I assume full responsibility for personal injury and death to myself or anyone else resulting from the Activities. I am fully responsible for loss or damage to my personal property, personal properties of others, and all expenses, including medical expenses that were caused to or by me during the Activities.
7. I further agree to forever release, discharge, waive, save and hold harmless, and indemnify the Released Parties from any and all claims, liabilities, damages, losses, demands, actions, causes of action, costs and expenses, including attorneys’ fees and medical expenses, or whatever kind or nature, whether in law or in equity, in contract or in tort, known or unknown, foreseeable or unforeseeable, arising from or relating to any bodily injuries, personal injuries, death or property damage asserted by others, by me or by estate, executors, heirs, or assigns arising from my participation in the Activities (individually and together, a “Claim”), to the fullest extent of the law.
8. I authorize any of the Released Parties and/or its authorized personnel to call for medical care for me or to have me transported to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed for me. I agree that upon my transport to any such medical facility or hospital that the Released Parties shall not have any further responsibility for me. Further, I agree to pay all costs associated with such medical care, and related transportation for me and shall indemnify and hold harmless the Released Parties of any and all costs incurred therein.
9. I further state that I am of lawful age and legally competent to sign this Agreement. I understand that the terms of this Agreement are contractual and not a mere recital and I have signed this Agreement as my own free and voluntary act. A PARENT OR LEGAL GUARDIAN MUST ALSO SIGN THIS RELEASE FOR ALL PERSONS UNDER THE AGE OF 18. If I am a parent or legal guardian accompanying a minor child, I hereby execute this Agreement on behalf of said minor child and agree to indemnify and save the Released Parties, and each of them, harmless from any and every Claim made by said minor child (whether incurred as a result thereof by, the Released Parties, or any of them as a result of said minor child’s participation in the Activities. Such parent or legal guardian states that he or she freely and voluntarily executed this Agreement and asserts that he or she understands all the terms used herein, and the consequences thereof. The undersigned acknowledges that this Agreement is binding upon the heirs, administrators, executors, successors and assigns of the undersigned.
10. I further release the Released Parties, and each of them, from any and every Claim relating to any first aid, cure, treatment or other services (whether or not involving negligence) rendered to me as a result of any bodily or personal injury or illness relating to my participation in the Activities.
11.I hereby agree that any Claim will be governed by the laws of the State of Wyoming and exclusive jurisdiction thereof will be in the state court residing in the county where the alleged tort occurred, or United States District Court for the District of Wyoming.
12. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
13. This Agreement shall be binding to the fullest extent permitted by law.
14. This Agreement shall be binding upon my assignees, subrogors, distributes, heirs, next-of-kin, executors, personal representatives, and administrators and may be pled by the Released Parties as a complete bar and defense against my claim, demand, action or causes of action by and or on the behalf of the participant.
I/WE HAVE CAREFULLY READ THE FOREGORING LIABILITY RELEASE, ASSUMPTION OF RISK, AND WAIVER, UNDERSTAND ITS CONTENTS AND SIGN IT WITH THE FULL KNOWLEDGE OF ITS SIGNIFICANCE.
SecureFee™ Registration Cancellation Insurance is offered in most states. If purchased, your registration may be covered for one of the covered reasons stated in the policy.
