Epicosity Experiences LLC/ DBA: Pro Rafting Tours PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
***EACH PARTICIPANT MUST READ BEFORE SIGNING*** In consideration of the services of Epicosity Experiences, LLC, dba Pro Rafting Tours their agents, owners, officers, volunteers, participants, employees, and all other persons or entities including but not limited to: Deer Creek State Park, The State of Utah, Utah Dept. of Natural Resources, Utah Division of Parks and Recreation, Boy Scouts of America, Camp Maple Dell, The Utah Dept. of Public Safety, and the Provo River Water Users Association, The U.S. Bureau of Reclamation, and their respective officers, directors and agents, representatives, acting in any capacity on their behalf (hereinafter collectively referred to as “EE”, I hereby agree to release, indemnify, and discharge EE, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
2. I 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.
3. I willingly agree to comply with the terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I certify that I have adequate insurance to cover any injury of damage I may cause or suffer while participating, or else, I agree to bear the cost of such injury or damage to myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by such condition.
5. If I choose to participate in a river activity without a guide, I the undersigned agree to pay in full to “EE” cost associated with restoring damaged gear or replacing lost gear that “EE” rented to me. I hereby give “EE” permission to charge the credit card used as collateral on my rental agreement form. I agree that the damages and costs will be assessed in the following manner: 1. RAFTS, INFLATABLE KAYAKS, & RELATED RIVER GEAR: $30.00 per inch on any rips or tears. $3,500.00 for complete loss or abandonment of Raft. $1,000 for loss or abandonment of Kayak, Inflatable Kayak, or Stand Up Paddle Board. $350.00 for loss or abandonment of thwart (raft seat). $40.00 for broken or lost raft paddle. $75.00 for broken or lost Inflatable Kayak paddle. $250.00 for broken or lost Kayak Paddle. $270.00 for a broken or lost 6’’ hand pump. $100.00 for broken or lost K-Pump. $120.00 for broken or lost Electric Pump. $50.00 for broken or lost helmet. $60.00 for broken or lost Throw Bag. $80.00 for a broken or lost life jacket (PFD). 2. WETSUITS, AND SPLASH JACKETS $80.00 for loss of Wetsuit. $40.00 for loss of Splash Jacket. 6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless, EE, its officers, officials, agents, and/or employees, other participants, sponsors, advertisers, and, if applicable, owners, and lessors of premises used to conduct the event (Releasees), from any and all claims, demands, losses, and liability arising out of or related to an injury, disability or death I may suffer, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent of the law. 7. 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 it freely and voluntarily without any inducement. PHOTOGRAPHY/VIDEO WAIVER By participating in or attending any activity in connection with the program, whether on or off the premises, I consent to the use of any print or digital photographs, pictures, film, or videotape taken of me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright or ownership right connected to same. Date: April 25, 2024
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