ASSUMPTION OF RISK, WAIVER, AND RELEASE FROM LIABILITY
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In consideration of The Big Gear Show, LLC (“The Big Gear Show” or “BGS”), furnishing services, premises, and/or equipment to enable me to participate in its exhibition, its on-mountain and on-water demos, and any other activities offered by or through BGS, and whether or not located on any property owned or leased by BGS (collectively, the “Activities”), I, the undersigned hereby:
1) Acknowledge and agree that the Activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, my property, or third parties. I understand that such risks cannot be eliminated without jeopardizing the activities’ essential qualities. In addition, I acknowledge and agree that any use of any equipment, facilities, or property that is not expressly authorized by BGS staff will be considered an “Unauthorized Use” and is strictly prohibited.
2) Acknowledge and agree that all Activities are based on the “challenge by choice” principle and expressly understand I do not have to participate in any activity. I will withdraw from participating in activities that exceed my physical capabilities, skill level, and/or comfort level. The Activities create an inherent risk for injuries such as, but by no means limited to, slips, falls, free falling, heat stroke, heart attack, seizure, blindness, fractures, rope burn, drowning, pinches, scrapes, twists, jolts, strains, scratches, bruises, sprains, lacerations, fractures, concussions, stings, allergies, diseases, infection and other injuries. I further understand that participating in a group activity subjects me to the conduct of other individuals. I may be exposed to the negligent acts and behavior of other persons and activity participants.
3) Expressly agree and promise to accept and assume all of the risks inherent in any activities I participate in. My participation in each of the Activities is purely voluntary, and I elect to participate fully aware of the risks I am assuming.
4) Acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be highly contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects and possibly in the air. People reportedly can be infected and show no symptoms, spreading the disease. The exact methods of spread and contraction are unknown, and there is no known treatment or cure for COVID-19. Evidence has shown that COVID-19 can cause severe and potentially life-threatening illnesses and even death. I understand that BGS cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while utilizing BGS services or premises. It is not possible to avoid the presence of the disease. Therefore, I acknowledge that attending The Big Gear Show may expose me to and/or increase my risk of contracting or spreading COVID-19. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 to attend The Big Gear Show.
4) To the fullest extent permitted by law, agree to indemnify, hold harmless and defend The Big Gear Show, LLC, its shareholders, affiliates, agents, directors, officers, volunteers, employees, exhibitors, vendors, lessors, partners, and all other persons or entities acting in any capacity on their behalf(hereinafter collectively referred to as the “BGS Parties”) from and against any and all claims, losses, damages, expenses and other liabilities (including, but not limited to, court costs and attorney’s fees) arising out of or resulting in whole or in part from my participation in the Activities, any Unauthorized Use, or in connection with exposure, infection, and/or spread of COVID-19. I for myself and anyone entitled to act on my behalf, including, but not limited to my heirs and successors, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the BGS Parties from any and all claims, losses, damages, expenses, and other liabilities of any kind arising out of my participation in the Activities, any Unauthorized Use, or in connection with exposure, infection, and/or spread of COVID-19, even if such claims, losses, damages, expenses, and other liabilities arising out of negligence or carelessness on the part of any or all of the BGS Parties or other participants.
5) Understand that The Big Gear Show, LLC, does not provide medical insurance to participants in any Activities and that I am solely responsible for any medical, health, or personal injury costs related to my participation in any Activities or connection with any Unauthorized Use. I further understand and agree that I assume the risk of any medical or physical conditions I may have, and I will make said medical or physical conditions known to BGS upon arrival on premises that may affect my ability to participate in any of the Activities safely. If a medical emergency involving me occurs during any of the Activities or as a result of any Unauthorized use, I understand that BGS will attempt to contact my emergency contact listed below. If that person cannot be reached or time does not permit, I hereby permit BGS to contact emergency services for help and to allow a licensed physician or other licensed medical providers to provide proper treatment, including but not limited to hospitalization, injection, anesthesia and/or surgery. I hereby RELEASE, WAIVE AND FOREVER DISCHARGE the BGS Parties from any claims, liabilities, causes of action, damages, demands, judgments, executions, liens, and costs whatsoever in law or equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property resulting from any (i) claims made against medical providers of emergency services under this authorization, or (ii) claims made against the BGS Parties for obtaining emergency medical services for me pursuant to this authorization and waiver. The Big Gear Show, LLC strongly advises that all participants have adequate medical insurance coverage before participating in any Activities.
6) Grant and convey to The Big Gear Show all right, title, and interest I may have in all photographs, motion pictures, video recordings, and any other recordings made during or about any of the Activities, and The Big Gear Show shall have the right to exploit such recordings throughout the universe, an unlimited number of times, in perpetuity by any means and media, now known or hereafter invented.
This Assumption of Risk, Waiver, and Release from Liability shall be governed in accordance with the substantive and procedural laws of the State of Utah without regard to its conflicts of law provisions. All disputes arising hereunder shall be brought to the state courts having jurisdiction in Summit County, Utah. I hereby consent to the jurisdiction of such courts, agree to accept service of process by mail and waive any jurisdictional or venue defenses otherwise available to me.
If any term or provision of this Assumption of Risk, Waiver, and Release from Liability is held to be illegal, invalid, or unenforceable, or the application thereof to any person or circumstance shall to any extent be unlawful, invalid, or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Assumption of Risk, Waiver, and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby. Each term, clause, or provision of this Assumption of Risk, Waiver, and Release from Liability and the application thereof shall be legal, valid, and unenforceable to the fullest extent permitted by law.