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2. Grand County Waiver, Indemnity, and Release of Liability Agreement
4. 1. ACTIVITIES AND ASSOCIATED RISKS: I have chosen to participate in the following Activities:*
   -- Select One --Dunk TankEating ContestJr. Power Wheels DerbyLine DancingOpen RideParadeRelay RacesRoller DerbySoccer - IndoorSoftballVolleyballVolunteering
6. Read carefully, this documents affects your legal rights.

   (“the Activities”), which is organized by Grand County (“County”). I understand that: 

   ● the Activities are hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some of the following: falls, fractures, concussions, overexertion, overheating, injuries from my lack of fitness or conditioning, communicable diseases, exposure to allergens which could cause life-threatening reactions, death, equipment failures, and negligence of others; 

   ● as a consequence of these risks and other risks associated with the Activities that may not be listed here, I may be seriously ill, hurt, disabled or may die from the resulting injuries, and my property may also be damaged; 

   ● hospital facilities, qualified medical care, and medical evacuation may be delayed or limited by local conditions; and 

   ● the County assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or evacuation that I incur. In consideration of the permission to participate in the Activities, I agree to the terms contained in this document. 

   Dunk Tank. Participants will engage in being dropped in a tank of water from a seated position. I acknowledge that the dunk tank or any sporting event tests a person’s physical and mental limits.  

   Eating Contests. Participants choosing to engage in this activity will attempt to consume, with or without the usage of their hands depending on the contest, food in a short period of time.  The aim of these contests is to eat the target food in the shortest amount of time possible.  Thus, the participant will consume a large amount of food in a short period of time. 

   Jr. Power Wheel Derby.  Participants for this event will be individuals under the age of 18 and therefore must have parental permission to participate.   The event will involve participants riding in power wheel miniature vehicles and attempting to complete a driving course and pop balloons.  This requires young participants to attempt to drive and coordinate with the obstacles in the course.  The parent of the participant acknowledges that the Jr. Power Wheel Derby or any sporting event is a test of a person’s physical and mental limits.

   Line Dancing. Participants in this event will learn and perform a choreographed routine to music. The routine is performed in a row without partners. I acknowledge that line dancing or any sporting event tests a person’s physical and mental limits.  

   Parade.  Participants will be engaging in walking, riding bicycles, driving, or riding in floats for the purpose of celebrating the Fourth of July.   This will be conducted on a closed street, with other parade participants traveling down the designated roadway in the above-mentioned methods.

   Relay Races. In this event, Participants will engage in a variety of different race events.  These racing events will include the following different types of races: potato sack races, tug-o-war, pass the water (a contest where individuals attempt to pass water to each other by pouring water over their heads to the individual behind them), frozen t-shirt (a contest where teams attempt to thaw a frozen t-shirt sufficiently to wear it), dummy roping, three-legged race, egg race, and a water balloon toss.  Each of these events involve a contest to complete the activity as fast as possible.

   Roller Derby.  Participants will engage in the CONTACT sport of roller derby.  This sport is a contact sport and will require the participant to wear all mandatory safety equipment during all of the on-rink activities which include: helmet, mouth guard, knee pads, elbow pads, and wrist pads. 

   Soccer - Indoor. Participants in indoor soccer play on an uneven dirt surface with varying consistencies throughout the arena. The field is surrounded by metal gates, which open and close for player substitutions, posing a risk of collision. I understand that indoor soccer, like any sport, pushes participants to their physical and mental limits.
   
   Softball.  Participants will engage in a co-ed game of softball. I acknowledge that softball or any sporting event is an extreme test of a person's physical and mental limits.

   Volleyball. Participants engaging in this game will be playing volleyball on grass. I acknowledge that volleyball or any sporting event is an extreme test of a person’s physical and mental limits.

   Volunteering.  The volunteers here acknowledge that they have read each of the different activities described and agree to volunteer for these events.  Volunteers will help facilitate these activities below, and coordinate with County Staff to execute the County Fair.  This will include driving golf carts and personal UTVs, the volunteer acknowledges that volunteering for the County Fair is a test of a person’s physical and mental limits.

   2. ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities —including any injury, illness, or loss caused by the negligence of the County, its employees, agents and officers, its contractors, and other participants. I also understand that any equipment that I provide or may borrow or rent from the County or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. 

   3. RELEASE OF LIABILITY: I hereby RELEASE the County, its employees, agents, officers, and contractors, the providers of any equipment used in the Activities, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that state and local law does not permit to be released. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.

   4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. 5. QUALIFICATIONS FOR INVOLVEMENT OR PARTICIPATION: 

   I verify and agree to the following: 

   (a) I do not have any medical condition or other impairment that would cause participation in the Activities to be harmful to the safety, well-being, and health of myself and others. 

   (b) I will not consume or be under the influence of any alcohol or illegal drugs or prescription drugs that would impair my ability to drive (if applicable) while interacting in any way with the Activities. I certify that I am not currently taking any prescriptions for which the side effects cause impairment in driving. For the safety of myself and others, I hereby consent to take random drug tests or those directed to be taken under reasonable suspicion of violating this provision. 

   (c) I will have a legal driver’s license that permits me to drive a vehicle and will wear or use at all times any required safety equipment (if applicable). 

   (d) I have been sufficiently instructed on the rules and regulations of the Activities and will them for all purposes relating to the Activities. I agree that any decision made by Grand County and the Activities coordinators, supervisors, organizers, officers, and employees is final and cannot be appealed. 6. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activities provided to me and to follow directions given to me by the leaders of the Activities, including USING ALL OF THE PROTECTIVE GEAR. It is my obligation to wear all protective gear necessary for the Activities. I will determine what protective gear to wear. 

   7. INDEPENDENT CONTRACTORS: I acknowledge that the County has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activities. 

   8. USE OF MY LIKENESS: I understand that during the Activities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to the County and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. 

   9. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by state and local law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement. 

   10. APPLICABLE LAW AND FORUM: It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and under and pursuant to the laws of the State of Utah and that, in any action, administrative action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Utah shall be applicable and shall govern to the exclusion of the law of other forums. Any such action shall be brought in the Seventh Judicial District, State of Utah, Grand County. This Section shall survive expiration or termination of this Agreement. 

   11. WAIVER OF GOVERNMENTAL IMMUNITIES: Notwithstanding anything in this Waiver to the contrary, nothing in this Waiver shall constitute a waiver of governmental immunities afforded to governmental agencies, their officers and employees.

8. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. *

   1. By checking this box and typing my name below, I am electronically signing my application. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature.

   I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.

10. Participant's First Name
11. Participant's Last Name
13. Today's Date
    Today's Date
15. If participant is a minor, signature of parent or responsible adult is required below:

    1. By checking this box and typing my name below, I am electronically signing as the legal parent or guardian. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature.

    In consideration of the minor child being permitted to participate in the Activities, I accept and agree to the full contents of this Agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding these Activities. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, illness, death, loss or harm that occurs to the minor child during the Activities or in any way related to the Activities. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this Agreement is intended to release claims for liabilities that Utah law does not permit to be excluded by Agreement.

17. Parent/Legal Guardian's First Name
18. Parent/Legal Guardian's Last Name
20. Signature:
    Signature:
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