WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
This Waiver of Liability and Assumption of Risk Agreement ("Agreement") is entered into by the undersigned participant ("Participant") in favor of Tremonton City, a Utah municipality (“City”), its employees, elected officials, officers, agents, contractors, affiliates, and any other representatives, and Staker & Parson Companies, and Scouting America (collectively, "Released Parties").
1. ASSUMPTION OF RISK Participant acknowledges and understands that the use of a portable sandbox, owned by Staker & Parson Companies (“Sandbox”), and/or use of the climbing wall, owned by Scouting America (“Climbing Wall”) involves inherent risks, including but not limited to exposure to sand, dust, debris, uneven surfaces, moving equipment, and other potential hazards associated with recreational or public event activities. In consideration of being permitted to use or participate in activities involving the Sandbox and Climbing Wall, Participant voluntarily assumes all risks associated with participation and acknowledges that such risks may result in bodily injury, illness, property damage, or death.
2. WAIVER AND RELEASE OF LIABILITY In consideration for being permitted to use the Sandbox and/or Climbing Wall, Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, waives, discharges, and agrees to hold harmless the Released Parties from any and all claims, demands, actions, causes of action, damages, costs, expenses, and liabilities of any kind, whether known or unknown, arising out of or related to participation in the activities, including but not limited to injury, illness, property damage, or death, whether caused by negligence of the Released Parties or otherwise.
3. DISCLOSURE OF MEDICAL CONDITIONS Participant agrees to disclose to the City any medical condition, physical limitation, allergy, or other condition that may increase the risk of injury or illness during participation. If Participant chooses to participate after such disclosure, they acknowledge that they do so at their own risk, and the Released Parties shall not be held liable for any resulting injury, illness, or damage.
4. COMPLIANCE WITH SAFETY RULES Participant agrees to comply with all safety rules, guidelines, and instructions provided by City personnel or event organizers. Failure to follow such rules may result in removal from the activity area.
5. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Any disputes arising from or related to this Agreement shall be litigated exclusively in the First Judicial District Court in and for Box Elder County, State of Utah.
6. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7. GOVERNMENTAL IMMUNITY
Participate acknowledges and agrees that City is a governmental entity under the laws of the State of Utah and is entitled to certain defenses, protections, and limitations of liability provided under the Utah Governmental Immunity Act, Utah Code Ann. § 63G-7-101 et seq., as amended. By providing the Sandbox, the City does not waive, expressly or impliedly, any claim of governmental immunity or any defense available to it under applicable law.
8. ACKNOWLEDGMENT OF UNDERSTANDING Participant acknowledges that they have read this Agreement in its entirety, fully understand its terms, and voluntarily sign it, understanding that they are waiving substantial legal rights.