In exchange for participation in the various activities of “Adobe Day” on April 26, 2025, organized by the Adobe Rock Inc companies (hereafter referred to as Adobe Rock), of 700 East, Stansbury Park, Utah, 84074 and/or use of the property, facilities and services of Adobe Rock, I agree for myself and for the members of my family listed on this release, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all rules and warnings, and follow any oral instructions or directions given by Adobe Rock, or its employees, representatives, or agents. Included, but not limited to, these rules are the following:
a) Climbing on rock piles, piles of other materials, equipment, and structures that have not been specifically designated for climbing on is strictly prohibited.
b) Stay in the area designated on the “Adobe Day Map”. Areas outside of the map may be very dangerous.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with these activities and I assume full responsibility for personal injury to myself and my family members, and further release and discharge Adobe Rock for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Adobe Rock, whether caused by the fault of myself, my family, Adobe Rock, or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Adobe Rock against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Adobe Rock.
4. FEES. I agree to pay for all damages to the facilities of Adobe Rock caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Utah law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that participation in “Rocktober” is completely optional and I may choose not to sign this Agreement and participate.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS FOR MYSELF AND THE FAMILY MEMBERS LISTED.