ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
I, the undersigned, am either the Participant named above and/or the parent and/or legal guardian ("Guardian/Parent") of the minor Participant named above. I am familiar with the activities, which take place in this activity.
TERMS AND CONDITIONS I will participate or authorize the Participant to participate in the activities listed above at the facilities of Utah Tech University as part of the Red Rock Dance Festival. I understand that such participation can include foreseeable and unforeseeable risks and other hazardous activities inherent in the program, which may expose the participant to illness, injury, or death. Participant and/or guardian/parent freely and voluntarily participates or allows participation in the program with the knowledge of the danger involved and hereby agrees to assume and accept any and all risk of injury or death.
WAIVER, RELEASE AND INDEMNIFICATION Participant or Guardian/Parent of Participant understands and acknowledge that the Red Rock Dance Festival is not an insurer of Participant's behavior, actions or participation in the program, and that the Festival assumes no liability whatsoever for personal injuries or property damages to Participant or to third persons arising out of Participation in the Program activities. Participant or Guardian/Parent hereby agrees to release, waive, covenant not to sue, indemnify and hold harmless the Festival, St George Dance Company, and/or Utah Tech University, and all of their officers, employees and agents (collectively the "Releasees") from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or loss or damage to any property belonging to Participant arising out of or related to participation in the above named Program, and excepting only such loss, damage or injury as may be caused by the sole negligence of any Release.
Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19 and its variants. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and I hereby knowingly assume the risk of injury, harm and loss associated with the activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
Participant of Guardian/Parent of Participant agrees that the site of any lawsuit arising out of or related to participation in the Festival shall be that this Agreement will be governed by and construed in accordance with the laws of the state of Utah, without application of any principles of choice of law. Participant does not have any medical conditions that would prevent participation in the Festival. Participant has adequate health insurance to cover the costs of treatment in the event of any injury. Participant shall pay any attorney fees or costs incurred by the Festival in enforcing this Agreement. If any portion of this Agreement is held to be invalid by a court of law, then it is agreed and intended that all the remainder shall, notwithstanding, continue in full force and effect.
PARTICIPANT OR GUARDIAN/PARENT OF PARTICIPANT HAS CAREFULLY READ THESE TERMS AND FULLY UNDERSTANDS THEIR CONTENT AND IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN PARTICIPANT OR GUARDIAN/PARENT OF PARTICIPANT AND THE RELEASEES AND SIGNS IT OF HIS OR HER OWN FREE WILL.
By signing this agreement, Participant of Guardian/Parent of Participant is confirming that I understand the terms of this Agreement. I also acknowledge that this Agreement shall bind my heirs and personal representatives.
ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT SIGNATURE*