(hereinafter, “Participant”) and Duchesne County (hereinafter, “County”). Participant and County are individually referred to as “Party” and collectively referred to as the “Parties.”
WHEREAS, Participant desires to take part in an event at the Duchesne County Fair; and
WHEREAS, Participant waives any and all claims of liability against county and holds County harmless form any claims and/or litigation arising out of Participant’s involvement in and event at the Duchesne County Fair.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Participant and County hereby agree as follows:
TERMS
1. Liability Waiver. Participant acknowledges and accepts that there are inherent risks associated with the event in which Participant desires to take part. Participant desires to participate, in spite of the inherent risks, and agrees to waive any claim against County which might stem from Participants involvement in said event; including but not limited to accidental death.
2. Hold Harmless. Participant shall defend, indemnify, and hold harmless County from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury to property, including without limitation the death of Participant, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Participant, their family, friends, associates, personnel, employees, agents, contractors, or volunteers in connection with or arising out of County’s actions or omissions. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to County for all legal expenses and costs incurred by it.
3. Rules of Conduct. Participant agrees to comply with all rules, instructions and regulations.
4. Media Release. Participant grants permission to County to use any audible or visual representation of Participant without compensation.
5. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal poser, right, and authority to make this Agreement and bind each respective Party. Parent or guardian of any minor shall assume the risks stated herein for any minor child over which said parent or guardian has custody.
6. Amendment/Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
7. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
8. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys’ fees and other related costs, in addition to any other relief to which the Party is entitled.
9. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or writer statements or agreements between the Parties related to such matters.
10. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
11. Applicable Law. This Agreement shall be governed by the laws of the State of Utah.
12. Effective Date. This Agreement shall become effective as of the date first above written when signed by the Parties.