Duchesne County Waiver, Indemnity, and Release of Liability Agreement
(This document affects your legal rights. Before signing you need to
carefully read all of it).
In consideration and as a condition of being permitted to
participate, assist, volunteer, or be involved with the Duchesne County LITTLE MISS (Activity), I hereby acknowledge, consent, and agree as follows:
1. Acknowledgment of the Assumption of Risk: I acknowledge that
participating, assisting, volunteering, or being involved with the Activity
involves significant risk of serious bodily injury or death. The risks
associated with the Activity may be foreseeable or unforeseeable. The Activity
presents risks that are unpredictable.
2. Waiver of Loss, Liability, and Damage: I
acknowledge that under Utah law, I have the right to sue Duchesne County or
Duchesne County Fair Board and its officers and employees (Duchesne County),
for personal injury or death, or other losses arising from Duchesne Countys
negligence or breach. I hereby waive those
rights and any other rights or powers to sue for damages, legal or equitable,
arising under or out of any action based upon contract, tort, common law,
statute, or other legal or equitable theory, whether known or unknown to me. I
hereby release and hold harmless Duchesne County of all losses, liability,
damage or damages. This waiver is intended to apply to Duchesne County,
Duchesne County Sponsors, or other third parties involved in any way with the Activity.
3. Indemnity: I will indemnify Duchesne
County from all liability, losses, damage, and damages arising out of my
involvement with the Activity, including any liability, losses, damage, or
damages caused by Duchesne Countys negligence, in whole or in part.
4. 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 Activity to be harmful to the safety, wellbeing, 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 Activity. 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 drivers 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 Activity and will them for all
purposes relating to the Activity. I agree that any decision made by Duchesne
County and the Activity coordinators, supervisors, organizers, officers, and
employees is final and cannot be appealed.
5. Minors: As parent or legal guardian of my
minor child, I verify that my child currently qualifies and will qualify to
participate in the Activity pursuant to Section 4 above. By signing this
agreement in behalf of my minor child, this agreement affects my childs rights
and responsibilities as if he/she had signed this agreement. I acknowledge that
all of my childs rights, as discussed in this agreement, are hereby waived. My
child releases Duchesne County of any liability, losses, damage, and damages.
I, as the parent or guardian of my child, will indemnify Duchesne County
against any claim, action, or dispute, including attorneys fees, brought by my
minor child or any third parties as a result of my childs participation,
assistance, volunteering, or involvement.
6. Limitation of Liability: In no event
will Duchesne County, its officers, agents, sponsors, volunteers, or
participants be liable for any indirect, incidental, consequential, special, or
exemplary damages arising out of or in connection with my participation in the Activity,
even if the County has been advised of the possibility of such loss, liability,
damage, or damages. In no event shall the Countys total liability for damages,
direct or indirect, in connection with or arising from my participation in the Activity
exceed the amount paid to enter or participate in the Activity or $1,000,
whichever is less, whether such liability arises from any claim based upon
contract, warrants, tort, or otherwise. This provision also applies to minors
who are participating in the Activity or who nevertheless bring a claim against
the County once reaching the age of 18.
7. Reduction in Statute of Limitations and
Tolling Statutes: No action shall be brought or Notice of Claim delivered
or sent (Utah Code Section 63G-7-101 et seq., as amended) after one week from
the date of the Activity. All laws, rules, and regulations tolling the
time-limit pursuing an action shall not apply, including those involving
children, incapacitated or disabled persons. No minor or parent/guardian may
bring an action against the County if the contractual modified statute of
limitations noted in this provision has expired. This section or any other
section in this Waiver hereby waives privileges, rights, and immunities for
governmental entities.
8. 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, its officers and employees.
9. Severability:
(a) If any
provision of this agreement is held to be unenforceable, then that provision
will be modified to the minimum extent necessary to make it enforceable, unless
that modification is not permitted by law, in which case that provision will be
disregarded;
(b) If an
unenforceable provision is modified or disregarded in accordance with this
section, then the rest of the agreement will remain in effect as witness; and
(c) Any
unenforceable provision will remain as written in any circumstances other than
those in which the provision is held to be unenforceable.
