Voluntary Release, Waiver, Assumption of Risk, and Indemnity Agreement

    Welcome to the Joe’s Valley Bouldering Festival!  While we have every expectation that the event and associated activities will go smoothly and be fun for all participants, you must realize, however, that neither the organizers of the event nor its sponsors can prevent possible climbing injuries and other injuries associated with event activities.  To make certain that you understand and acknowledge these limitations, and to establish that you are responsible for any possible injury or loss you may suffer in connection with the event, please carefully read the following paragraphs and indicate your agreement with its terms by signing and dating below:
               
    I, the undersigned (“Participant”), understand, acknowledge and agree that in consideration of my participation in the Joe’s Valley Bouldering Festival to be held September 26-29, 2019 in Castle Dale/Orangeville/Joe's Valley/Emery County, Utah and all activities associated with the festival (“Event”), on my own behalf and on behalf of my representatives, my estate, and all persons claiming through me directly or derivatively:

    1. That for all purposes of this Agreement, “Releasees” is defined to include without limitation the organizer Joe’s Valley Fest, LLC, and all its current and former owners, members, officers, volunteers, employees, affiliate companies, agents, landlords, independent contractors, representatives, successors, and assigns and all other sponsors, land owners, participants and nonparticipants associated with the Event.                                                                                                                                                         
    2. I warrant and represent that I am in good physical condition for all the physical activities in which I may participate in connected with the Event, including but not limited to “bouldering” and rock climbing.  I understand that Event activities, like any physical activity, present some unavoidable risk of injury. I understand that rock climbing is inherently dangerous due to the conditions of rocks and boulders and numerous other known and unknown conditions and factors.  I know of no physical disorder which prevents me from participating in the Event, and I agree that I AM SOLELY RESPONSIBLE for any and all injuries or harm that I may incur or cause in participating in the Event.  If I don’t understand something about an Event activity or equipment, I will ask questions.  I am free to decline to engage in any Event activity, and my participation in all Event activities is completely voluntary.  I understand that that all climbing activities and the use of climbing equipment carry a significant risk of serious physical injury, including substantial and permanent injuries and even death. I knowingly and voluntarily assume all risks associated with “bouldering,” climbing, and all other physical activities associated with the Event, and I waive in advance any claim of liability pertaining to those risks, whether caused by my own, other participants’, or the Releasees’ (defined below) negligence, gross negligence, or otherwise without limitation.  My participation in Event activities is voluntary and I accept all Event risks.                                                                                             
    3. I acknowledge that I am familiar with any equipment I may use, or that I will become familiar with all such equipment prior to use, including the safety recommendations and warning aspects of such equipment, and I will comply with all such safety recommendations and warnings.  I ASSUME ALL RISK for myself for pertaining to the use of all equipment I may use in connection with the Event, and to the fullest extent permitted by law I HEREBY RELEASE Releasees, and each of them, for any failure or malfunction in the equipment or its inadequacy for the use I make of it.                                                    
    4. I agree that this Agreement shall apply to any incident, injury, damages, accident or death associated with the Event (regardless of the geographic location where any incident, injury, damages, accident, or death happens to occur). I acknowledge that Releasees have no control over and assume no responsibility for the actions of any other participants or other third parties pertaining to the Event or Event activities.                                                                                                                                                                             
    5. To the fullest extent permitted by law, on my own behalf and on behalf of my representatives, my estate, and all persons claiming through me directly or derivatively, I agree to hold harmless, release, and discharge Releasees from any and all injury that I may sustain caused by my own, any third party’s, or any Releasees’ intentional act, negligence, gross negligence or otherwise without limitation.                                
    6. Furthermore, I agree on my own behalf and behalf of my representatives, estate, successors and assigns to indemnify the Releasees from and against any and all claims and liability (including attorney’s fees and costs) that arise by reason of any injury or death I or any child of mine may sustain from participation in activities associated with the Event, whether caused by my own or the Releasees’ intentional act, negligence, gross negligence, or otherwise without limitation.  This agreement to indemnify includes any claim, action or liability whatsoever, regardless of whether the claim is made, without limitation, by me, by someone on my behalf, by others arising out of my conduct, or by someone whose claim is derived from my injury or death. I acknowledge and agree (1) that it is my responsibility to cover any medical bills that I may incur and to cover myself with any medical insurance I may deem appropriate; and, (2) that I will not and cannot make any claim for medical coverage against the Releasees resulting from any injury or death incurred by me pertaining to the Event.  The Releasees shall not be liable for any loss or theft of my personal property.  I will follow the Releasees’ Event rules, and I understand that my violation of a rule may be the cause for suspension or cancellation of my participation in Event activities.                                                                                                                                                 
    7. I agree that in the event any court finds any of the provisions of this Agreement unenforceable, then such court shall sever such unenforceable provision to the extent necessary to enforce the remaining provisions of this Agreement.                                                                                                                                                   
    8. I grant Joe’s Valley Fest, LLC and its partners the right to use and incorporate, in whole or in part, photographs or videos taken of myself and/or my child/children for use in materials and on websites and social media and waive all rights to royalties or other compensation for use of photographs or videos.
     
    I have read this document.  I understand it is a release and waiver of all claims or rights to file a lawsuit or otherwise recover from Releasees.  I understand that I assume all risks inherent in the event and in the activities I will participate in. I have been given time to consider whether to sign this release, and I voluntarily sign my name showing that I accept all the above provisions. 

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