CARBON COUNTY
FAIRGROUNDS
RELEASE, WAIVER, AND INDEMNITY AGREEMENT
SINCE FAIRGROUNDS
ACTIVITIES CAN BE DANGEROUS, WE REQUIRE ALL PARTICIPANTS AND OBSERVERS TO
ASSUME ALL RISK BY SIGNING THIS AGREEMENT
I hereby acknowledge that I
have voluntarily applied to participate in and/or observe fairgrounds
activities, including, but not limited to equestrian activities, motocross and
softball.
AS LAWFUL CONSIDERATION of
being permitted to enter upon and use the CARBON COUNTY FAIRGROUNDS and of
being permitted to participate in or observe any activities or otherwise use
the FAIRGROUNDS, I, the undersigned, for my heirs, distributees,
legal representatives, next of kin and assigns agree to the provisions set
forth below.
1. I hereby release, waive, discharge and
covenant not to sue, make a claim against the property of or otherwise
prosecute CARBON COUNTY, its Commissioners, employees or agents, hereafter
collectively referred to as "COUNTY," for liability on account of
damage to the property or injury to the person or death of the undersigned while the undersigned is using the
FAIRGROUNDS facilities or participating in or observing the related activities
being presented at the FAIRGROUNDS.
2. I hereby agree to indemnify and save and
hold harmless the COUNTY from any loss, liability, damage or cost that COUNTY
may incur due to the presence of or any act of the Undersigned while the
Undersigned is using the FAIRGROUNDS facilities or participating in or
observing the related activities being presented at the FAIRGROUNDS.
3. The Undersigned expressly agrees that the
foregoing Releaser Waiver and Indemnity Agreement is intended to be as broad
and inclusive as is permitted by the laws of the State of Utah. The Undersigned further agrees that if any
provision of this agreement is held to be invalid, nevertheless the balance of
the agreement shall continue in full legal force and effect.
4. The Undersigned warrants that the following
statements are true and correct and understands that the COUNTY has relied on
them in entering into the foregoing Release, Waiver and Indemnity Agreement and
is giving the Undersigned permission to use the FAIRGROUNDS facilities and
participate or observe the sporting and other activities being conducted
therein.
A.
No oral presentation, statements or inducements apart from the foregoing
written agreement have been made.
B.
The Undersigned is fully aware of the risks and hazards inherent in
entering upon the FAIRGROUNDS and participating in and/or observing any events
held upon the FAIRGROUNDS knowing the present condition thereof,
C.
The Undersigned acknowledges that the risks and hazards being assumed by
the Undersigned may increase during the time the Undersigned is using the
FAIRGROUNDS facilities.
D. THE UNDERSIGNED IS AWARE THAT THE
PARTICIPATION IN AND/OR THE OBSERVATION OF EQUESTRIAN SPORTS, MOTORCYCLE
SPORTS, SOFTBALL AND ALL RELATED ACTIVITIES MAY BE HAZARDOUS ACTIVITIES. THE UNDERSIGNED DOES VOLUNTARILY PARTICIPATE
IN AND/OR OBSERVE THESE ACTIVITIES WITH THE KNOWLEDGE AND APPRECIATION OF THE
DANGER INVOLVED. .THE UNDERSIGNED HEREBY AGREES TO ACCEPT ANY AND ALL RISK OF
PROPERTY DAMAGE, PERSONAL INJURY OR DEATH.
E. The Undersigned gives consent to whatever
medical care, or lack thereof, which might be provided or available at the
FAIRGROUNDS and further agrees to conform and comply with all of the rules and
regulations promulgated at the event,
F.
THE UNDERSIGNED AGREES TO COMPENSATE OR REIMBURSE COUNTY FOR ANY COSTS,
EXPENSES OR DAMAGES, INCLUDING ATTORNEY FEES, RESULTING FROM ANY CLAIM BROUGHT
AGAINST COUNTY FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, WHICH ARISE AS A
RESULT OF THE PASSIVE OR ACTIVE NEGLIGENCE OR OTHER ACT OF THE UNDERSIGNED
WHILE PARTICIPATING IN OR OBSERVING ANY ACTIVITIES CONDUCTED AT THE
FAIRGROUNDS.
G.
THE UNDERSIGNED HAS CAREFULLY READ AND FULLY UNDERSTANDS THE COVENANT
NOT TO SUE CONTAINED HEREIN AND VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF
LIABILITY AND INDEMNITY AGREEMENT.
All of the following must be filled
out completely: