WAIVER AND RELEASE
Assumption of Risk Waiver and Release of Liability
By purchasing an entry ticket to the Funday Fundraiser, I, as a Participant, (hereafter, “Participant”, includes participant’s parent or legally appointed Guardian, if a minor) freely and voluntarily seek to participate in any or all activities and/or events (hereafter “Activities”) produced or sponsored by Happy Tails at Pegasus, and/or Pegasus Event Center, LC together with each entities’ employees, owners, managers, members, agents, representatives, trainers, volunteers or designated officials as well as owners of the property on which the activity takes place (hereafter “Organizer”).
In consideration of Organizer allowing Participant to participate in the Activities, now an in the future, Participant agrees as follows:
Acknowledgment of Inherent Risks of Equine Activities/Assumption of Risks. Pursuant to the Utah Equine Activity Liability Act, U.C.A. §78B-4-201 et. Seq., it shall be presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities. “Inherent risk" with regard to equine or livestock activities means those dangers or conditions which are an integral part of equine or livestock activities, which may include but is not limited to, the propensity of the animal to behave in ways that may result in injury, harm, or death to persons on or around them; the unpredictability of the animal's reaction to outside stimulation such as sounds, sudden movement, and unfamiliar objects, persons, or other animals; collisions with other animals or objects; or the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. Participant is not relying on Organizer to list within this document all possible inherent risks or all risks of participating in any of the Activities at any location. Participation in any activity provided during the Funday Fundraiser is at the participant’s own risk.
Acknowledgment of inherent risks with dogs. Risks include, but are not limited to: the propensity of any dog to behave in dangerous ways that may result in injury to you, another person, or another do; the inability to predict a dog’s reaction to movement, sounds, objects, persons, or other animals; and actions by the dog due to fright, anger, stress, insect bites or natural reactions such as jumping, pulling, resisting and biting. By choosing to interact with or handle any of the dogs exhibited during the Funday Fundraiser, I accept the inherit risk associated with dogs.
Bouncy House: WARNING: BOUNCING ON A BOUNCE HOUSE MAY PRODUCE INJURY AND/OR DEATH. Participant has voluntarily elected to allow myself, my child(ren) to participate in playing on bounce house(s), and I fully understand that this involves jumping on air filled entertainment toy(s) and that there are health and safety risks associated with this type of activity.
Waiver and Release of Liability. With full knowledge and appreciation of these and other inherent risks associated with the offered Activities, Participant freely and voluntarily assumes the risks of the Activities. In this connection, Participant also voluntarily agrees to waive any and all rights to sue and hereby releases and holds harmless, from any liability, loss, claims, or actions for injury, death or damage to person or property resulting from the inherent risks of the Activities, or resulting from any action or inaction by the Organizer. This waiver and release is effective even if the injury, death or damage to person or property is caused by, or contributed to by, actions or failure to act of the Organizer and which actions or inactions constitute ordinary negligence or a violation of any applicable law pertaining to the Activity liabilities. Neither Participant nor Participant’s representatives shall make any claim against, maintain an action against, or recover from Organizer or others acting on Organizer’s behalf for injury, loss, damage or death of the Participant, or the Participant’s personal property regardless of ordinary negligence by the Organizer or regardless of an alleged violation of an applicable activity liability law.
Participant agrees that Organizer may use any photograph of Participant taken by Organizer or its agents, in promotional materials, consents to Organizer's use of Participant’s likeness in such promotional materials, and specifically releases Organizer from any claim arising out of Organizer's use of Participant's likeness or photographs of Participant in such promotional materials.
Miscellaneous. This document is intended to be as broad and inclusive as applicable state law permits. If any clause conflicts with applicable law, only that clause will be void but the remainder shall stay in full force and effect.
I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABLITY, I UNDERSTAND THAT IT IS A RELEASE OF CLAIMS AND THAT I AM ASSUMING RISKS INHERENT TO MY PARTICIPATION, AND I AGREE TO BE FULLY BOUND BY ITS TERMS.