RELEASE OF LIABILITY, ACKNOWLEDGEMENT OF RISK, AND ACCEPTANCE OF RESPONSIBILITY
In consideration of the services of Wine Hiking Society, LLC, and Women’s Wine Hiking Society of Utah, 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 “Wine Hiking”), I hereby, 1) acknowledge the inherent risks described herein, 2) accept full responsibility for my participation in the above-named event and related activities (“Event”), and 3) agree to release, indemnify, and discharge Wine Hiking, on behalf of myself, my spouse, my children, my parents, my heirs, successors, assigns, personal representative, and estate, as follows in this Release of Liability, Acknowledgement of Risk, and Acceptance of Responsibility (“Agreement”):
RISKS OF THE EVENT:
WARNING: There are certain elements of risk involved when participating in the Event, including but not limited to, those caused by terrain, facilities, temperature, weather, vehicles, vehicular traffic, physical and other conditions of participants, event organizers, and bystanders.
I HEREBY ASSUME ANY AND ALL OF THE RISKS, KNOWN AND/OR UNKNOWN, OF PARTICIPATING IN THIS EVENT, including by way of example and not limitation, risks of all activities associated with the Event, risks that may arise from negligence or carelessness on the part of the persons or entities being released, risks from dangerous or defective equipment or property owned, maintained, rented, or controlled by them, the risk of their possible liability without fault, and/or the risk of transporting myself and others to and from the Event location. I acknowledge that this Event may involve a test of a person’s physical and mental limits and carries with it the potential for death, disability, serious injury, and property loss. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Event.
ASSUMPTION OF RISKS AND ACCEPTANCE OF RESPONSIBILITY:
I expressly agree to accept and assume all of the risks existing in the Event, including risks inherent in the consumption of alcohol and risks of exposure to COVID. My participation in the Event is purely voluntary, and I elect to participate in spite of the risks. I certify that I am eighteen (18) years of age or older, have sufficiently prepared or trained for participation in the Event, have not made any material misrepresentations relating to my physical, mental, or emotional condition, and have not been advised to not participate by a medical professional. I certify that there are no health-related reasons or problems that preclude my participation in the Event.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-toperson contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially lifethreatening illness and even death. Wine Hiking cannot prevent me from becoming exposed to, contracting, or spreading COVID-19 while participating in the Event. It is not possible to prevent against the presence of the disease. Therefore, if I choose to participate in the Event, I may be exposing myself to and/or increasing my risk of contracting or spreading COVID-19. I acknowledge that this Release of Liability, Acknowledgement of Risk, and Acceptance of Responsibility shall be used by the Event holders, sponsors, and organizers of the Event in which I participate and that it shall govern my actions and responsibilities at said Event.
RELEASE OF LIABILITY/WAIVER OF CLAIMS:
I WAIVE, RELEASE, AND DISCHARGE Wine Hiking from any and all liability, including but not limited to liability arising from the negligence or fault of the entities or persons released for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity.
I INDEMNIFY WINE HIKING FOR, HOLD WINE HIKING HARMLESS FROM, AND PROMISE NOT TO SUE WINE HIKING FOR any and all liabilities or claims made as a result of participation in the Event or transportation to and/or from the Event, including any such claims which allege negligent acts or omission or otherwise.
I acknowledge that I have read and understand the above warning concerning COVID-19. I acknowledge that I choose to accept the risk of contracting COVID-19 for myself in participating in the Event. The services of the Event are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate.
I hereby forever release and waive my right to bring suit against Wine Hiking Society, LLC, Women’s Wine Hiking Society of Utah, and their directors, officers, volunteers, representatives, and agents in connection with exposure, infection, and/or spread of COVID19 related to participating in services at the Event. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
I acknowledge that Wine Hiking is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity associated with the Event on their behalf.
I am familiar with Utah law pertaining to the control of alcoholic beverages. I certify that I am age twenty-one (21) or older. I understand that Wine Hiking does not sell alcohol and, even if Wine Hiking is a social host, has no legal duty to me under Utah’s Alcohol Product Liability Act. I am fully responsible for my consumption of alcohol during the Event and any consequences thereof, and release Wine Hiking from any and all liability related to my alcohol consumption.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
Should Wine Hiking 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 and agree to reimburse them for such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Event, 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.
I understand while participating in this activity I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and agents.
The Release of Liability, Acknowledgement of Risk, and Acceptance of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AGREEMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, AND I SIGN IT OF MY OWN FREE WILL WITHOUT ANY INDUCEMENT OR UNDUE INFLUENCE OF ANOTHER PARTY.