THIS IS A BINDING LEGAL CONTRACT. PLEASE CAREFULLY REVIEW BEFORE YOU SIGN. YOUR PARTICIPATION IN THE CANNONBLOB TRIATHLON RACE AND ENTERTAINMENT, ENTRANCE INTO
BEAR HOLLOW RESORT AND USE OF OUR FACILITIES IS STRICTLY
CONDITIONED UPON THE TERMS OF THIS RELEASE OF LIABILITY.
THERE ARE NO EXCEPTIONS.
BY ENTERING OUR PROPERTY AND
USING OUR FACILITIES,YOU AFFIRM YOUR ASSENT TO EACH OF
THESE TERMS AND CONDITIONS. THIS IS A WAIVER AND RELEASE OF LIABILITY TO WHICH YOU ARE
DEEMED TO HAVE AGREED AND ACCEPTED IN ALL RESPECTS BY
YOUR USE OF OUR FACILITIES. ALL PERSONS USE OUR FACILITIES AT THEIR OWN RISK. INDIVIDUALS WHO ARE ON OUR PROPERTY WITHOUT EXECUTION OF OUR WAIVER AND RELEASE ARE DEEMED TRESPASSERS.
YOU, ON BEHALF OF YOURSELF AND EACH OTHER MEMBER OF YOUR FAMILY AND/OR OTHER GUESTS (EACH, A “RELEASING PARTY”) ARE AWARE OF AND ACCEPT ANY RISKS AND HAZARDS RELATING TO THE USE OF THE BEAR HOLLOW PROPERTY AND ITS FACILITIES. EACH RELEASING PARTY INDIVIDUALLY, AND/OR AS A REPRESENTATIVE OF AND ON BEHALF OF SUCH RELEASING PARTY’S CHILD(REN) OR WARD, HERBY RELEASES, DISCHARGES AND COVENANTS NOT TO SUE BEAR
HOLLOW, BEAR HOLLOW RANCH, LLC, BEAR HOLLOW SPORTS, LLC, BEAR HOLLOW LAKES HOMEOWNERS ASSOCIATION, INC., LIQUID ASSETS H20, LLC, KOKOPELLI INVESTMENTS, LLC, AND/OR THEIR RESPECTIVE AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, (COLLECTIVELY, THE
“RELEASED PARTIES”) WITH REGARD TO ANY LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND/OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, OR INJURY (INCLUDING FATAL INJURY) SUSTAINED WHILE USING THE BEARHOLLOW LAKES RESORT PROPERTY OR ANY AMENITIES, WHETHER OR NOT CAUSED BY ANY ACTS OR OMISSIONS OF THE RELEASED PARTIES OR BY FAILURE OF THE EQUIPMENT AVAILABLE AT THE PROPERTY. THIS RELEASE SHALL BE BINDING UPON THE SPOUSE, HEIRS, LEGAL REPRESENTATIVES, NEXT OF KIN, EXECUTORS, ADMINISTRATORS,
SUCCESSORS AND ASSIGNS OF EACH RELEASING PARTY. EACH RELEASING PARTY ACKNOWLEDGES AND REPRESENTS THAT HE/SHE/IT
HAS READ THE FOREGOING RELEASE, UNDERSTANDS AND SIGNS IT VOLUNTARILY, THAT RELEASING PARTY IS AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF SOUND MIND, THAT RELEASING PARTY IS LEGALLY SOBER FROM THE EFFECTS OF ALCOHOL & DRUGS, THAT RELEASING PARTY AGREES TO FOLLOW ANY AND ALL INSTRUCTIONS OF BEAR HOLLOW WHILE USING THE PROPERTY, AND THAT RELEASING PARTY AND ALL OTHER MEMBERS OF THE RENTAL PARTY ARE IN GOOD HEALTH, SUFFERING FROM NO PHYSICAL DISABILITY WHICH MIGHT IMPAIR MENTAL FACULTIES AND/OR NORMAL WATER SPORT CAPABILITIES. EACH RELEASING PARTY, ON BEHALF OF ITSELF AND ALL OTHERS, INCLUDING MINOR CHILDREN, ARE FOREVER
WAIVING AND RELEASING ANY AND ALL RIGHTS TO SUE THE RELEASED
PARTIES FOR ANY REASON WHATSOEVER FOR ANYTHING OCCURRING UPON THE BEAR HOLLOW RESORT PROPERTY AT ANY TIME.
RELEASING PARTY EXPRESSLY ASSUMES ALL RISK INHERENT TO THE
USE OF THE BEARHOLLOW RESORT PROPERTY, AS WELL AS PARTICIPATING IN AND/OR OBSERVING ANY WATERSPORT. RELEASING PARTY, AND EACH OF THEM, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES OF AND FROM ANY AND ALL CLAIMS, DEMANDS, OR COSTS OR EXPENSES ARISING OUT OF ANY INJURIES OR DAMAGE INCURRED
WHILE ANY PERSONS (INCLUDING ANY CHILD), ARE USING THE PROPERTY OR PARTICIPATING IN ANY RELATED ACTIVITY. RELEASING PARTY FURTHER EXPRESSLY AGREES THAT THE FOREGOING RELEASE, WAIVER AND INDEMNITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY LAW AND THAT IF ANY PROVISION IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL,
NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
PHOTOS MAY BE TAKEN WHILE YOU ARE ON RESORT PREMISE OR WHILE PARTICIPATING IN THE TRIATHLON. THESE PHOTOS MAY BE USED FOR FUTURE MARKETING OR PR PURPOSES.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, USA Track and Field, sponsors, affiliates, volunteers, Cannonblob, and individual Cannonblob organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .