In consideration of the services of Zion Mountaineering
School, 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 "ZMS"), I hereby
agree to release, indemnify, and discharge ZMS, on behalf of myself, my
children, my parents, my heirs, assigns, personal representative and estate as
follows:
1. I acknowledge that my participation in rock and/or
ice climbing, canyoneering, mountaineering, snowshoeing, backcountry skiing,
snowboarding, and/or hiking entails known and unanticipated risks that could
result in physical or emotional injury, paralysis, death, or damage to myself,
to property, or to third parties. I understand that such risks simply cannot be
eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of walking on
uneven terrain and slips and falls; being struck by rock fall, icefall or other
objects dislodged or thrown from above; the use of climbing ropes and
equipment; the forces of nature, including lightning, weather changes and
avalanche; the risks of falling off the rock, mountain or into a crevasse; the
risks of exposure to insect bites; the risk of altitude and cold including
hypothermia, frostbite, acute mountain sickness, cerebral and pulmonary edema;
my own physical condition, and the physical exertion associated with this
activity.
Furthermore, ZMS employees 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 might misjudge the weather, the
elements, or the terrain. 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 ZMS 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 ZMS 's
equipment or facilities, including any such claims which allege negligent
acts or omissions of ZMS.
4. Should ZMS 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 ZMS, I agree to do so solely in the state
of Utah, and I further agree that the substantive law of that state shall apply
in that action without regard to the conflict of law 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.
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 ZMS 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.