THIS DOCUMENT IS A RELEASE AND LIMITS YOUR RIGHT TO RECOVER DAMAGES IN CASE OF DEATH, BODILY INJURY OR PROPERTY DAMAGE, AND ALSO SETS FORTH CERTAIN INDEMNIFICATION OBLIGATIONS. READ IT CAREFULLY BEFORE SIGNING. THIS DOCUMENT IS SOMETIMES REFERRED TO HEREINAFTER AS THE "RELEASE."
RELEASEES: As used in this document, the term "Redmond Affiliates" means Redmond Minerals, Inc. ("Redmond"), any owners and operators of any real or personal property or equipment utilized by Redmond, and any subsidiaries, shareholders, officers, directors, employees, advisors, representatives and agents of those listed above.
OUTDOOR EVENTS: As used in this document, the term Outdoor Events means all activities conducted by, associated with, sponsored by, or under the direction of, Redmond Affiliates or Redmond in connection with recreational activities, sponsored events or training, including, but not limited to, travel to, from, and through difficult and at times dangerous terrain, and the use of equipment, firearms, fishing tackle, vehicles, boats, etc.
ASSUMPTION OF RISK/INSURANCE: I acknowledge that participation in or with the Outdoor Events involves many inherent risks as well as risks that may be individual in nature, including, but not limited to, the risk of serious injury, illness or death as a result of physical exertion, stress, exhaustion, heart attack, sunburn, windburn, heat stroke, extreme weather, thunderstorms, lightning, windstorms, accidents involving equipment, firearms, fishing tackle, vehicles, and boats, and many other inherent safety risks. I further recognize and acknowledge that I am solely responsible for the safety, comfort, and well being of myself and any minor who accompanies me. In consideration of being allowed to participate in the Outdoor Events, I ASSUME ALL RISKS AND RESPONSIBILITY FOR THE SAFETY OF MYSELF AND MY PROPERTY AS WELL AS THE SAFETY OF THE PERSON AND PROPERTY OF ANY MINOR WHO ACCOMPANIES ME. I agree that the use of all services, equipment, and/or facilities of the Redmond Affiliates in connection with such activities are AT MY OWN RISK. To the extent that first aid or medical services are rendered to me or any minor who accompanies me, I agree that the terms of this document shall apply.
I warrant and represent that I and any minor who accompanies me have health, accident, and life insurance ("Insurance") adequate for my needs and the needs of any minor who accompanies me and that such Insurance provides coverage with respect to participation in the Outdoor Events.
RELEASE OF CLAIMS: I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE each and all of the Redmond Affiliates from all liability to myself, any minor who accompanies me, my personal representative or estate, assigns, heirs and next of kin, and the personal representative of any minor who accompanies me or such minor's estate, assigns, heirs and next of kin, for any and all loss or damage and any claims and/or demands on account of injury, death, or damage to me, any minor who accompanies me, and any of my or such minor's personal possessions. I HEREBY WARRANT AND REPRESENT THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS RELEASE ON BEHALF OF MYSELF AND ANY MINOR LISTED BELOW; that I understand that the terms of this RELEASE are contractual and shall be binding on any personal representative or estate, assigns, heirs and next of kin; and that I have signed this RELEASE as my own free act. I further warrant and represent that I shall comply with all policies and obey all rules of the Redmond Affiliates, including those outlined herein. I also agree that if I or any minor who accompanies me am asked by the Redmond Affiliates to (i) discontinue my participation, or the participation of any minor who accompanies me, in the Outdoor Events or (ii) leave the area in which the Outdoor Events are being conducted, I will do so immediately or will immediately cause such minor to do so, as the case may be, and I will not hold the Redmond Affiliates liable for any expense incurred by me or such minor in doing so.
INDEMNIFICATION. In addition to and without limiting anything contained herein, I hereby agree to indemnify each and all of the Redmond Affiliates against, and agree to protect, save and hold harmless the Redmond Affiliates from, any and all liabilities, obligations, losses, damages, claims, expenses (including court costs and attorneys' fees) and any other costs associated with or arising from any claim or claims made by me or on my behalf (or by any minor who accompanies me or on behalf of such minor) with respect to the Outdoor Events and/or participation in the Outdoor Events or the terms, conditions, or enforcement of the terms of this RELEASE.
GOVERNING LAW/ ENFORCEABILITY. This RELEASE shall in all respects be governed by, and construed in accordance with, the law of the State of Utah without regard to its choice of law provisions. Each party hereto submits to the exclusive personal jurisdiction of the state and federal courts located in Salt Lake County, Utah, U.S.A. for all issues between them regarding this RELEASE and the terms and conditions hereof. Any provision of this RELEASE that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The undersigned acknowledges that it is his or her intention to provide a release of claims to the Redmond Affiliates to the fullest extent permitted by law. To the degree that a court determines that any provision of this RELEASE is partly or wholly unenforceable, such provision shall be re- written by the court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS "ASSUMPTION OF RISK, RELEASE OF CLAIMS, AND INDEMNIFICATION" BY CAREFULLY READING IT BEFORE SIGNING BELOW.
In the event that a minor child for whom I am responsible shall participate in the Outdoor Events and such minor is not accompanied by me, I hereby agree that the terms, conditions and provisions of this Release shall apply to me and such minor to the same extent as if I had accompanied such minor.