Adaptive Ski Day Waiver

For purposes of this Release Agreement, the Adaptive Ski Day Event, including all associated activities, programs, transportation, instruction, demonstrations, volunteer activities, and use of any property or venue utilized for the Adaptive Ski Day Event, shall hereinafter be referred to as the “Event.” Last Chance Lakes, Southern Shores, and any other property or venue utilized for the Event shall collectively be referred to as the “Event Locations.” The undersigned hereby acknowledges they are not under the influence of alcohol or any illicit or prescription drugs that would in any way impair their ability to safely participate in the Event. It is the undersigned’s responsibility to determine whether they are sufficiently fit and healthy enough to participate in the Event and they are responsible for their own safety and well-being at all times and under all circumstances while attending or participating in the Event at any Event Location. As consideration for being permitted to use the facilities or to participate in any activity at the Event Locations, the undersigned hereby acknowledges that the activities performed at the Event Locations could be dangerous and involve risk of serious injury, death, and/or property damage. Water skiing, wakeboarding, tubing, and other water sports conducted at the Event Locations may involve high speeds close to shore and docks, in narrow channels around islands, and in generally shallow water and are inherently dangerous. In addition, from time to time, individuals participating in activities at the Event Locations may experience Swimmer’s Itch, also called Cercarial Dermatitis, which can be found in some Utah lakes and reservoirs. Information about Swimmer’s Itch can be found at https://www.cdc.gov/parasites/swimmersitch/index.html. The undersigned hereby acknowledges and assumes the risks and dangers associated with participation in the sport of water skiing, wake sports, and related water sport disciplines and activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis, and loss of life; loss of or damage to equipment or property; exposure to extreme conditions and circumstances; contact with other participants, spectators, boats, animals, or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect ski course conditions; water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations unknown to or beyond the immediate control of Event Organizers; and other undefined, not readily foreseeable, and presently unknown risks and dangers (“Risks”). The undersigned understands these Risks may be caused in whole or in part by their own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses, or expenses incurred as a result of participation in the Event. The undersigned willingly and voluntarily performs said activities and has not been coerced in any way to participate in any activities and hereby assumes full responsibility for the risk of bodily injury, death, or property damage and, by signing below, releases, discharges, and covenants not to sue the following parties: Mountain Land Charities, Mountain Land Partners and each of its parent, subsidiary, and affiliated companies; Last Chance Lakes HOA; Southern Shores HOA; the owners, operators, managers, and property owners of Last Chance Lakes, Southern Shores, and any other Event Locations; boat owners and operators; employees; and volunteers (individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to participation in the Event, including claims for liability caused in whole or in part by the negligent acts or omissions of the Released Parties, and will indemnify, defend, and hold harmless each of the Released Parties and Event Organizers from any such claims, demands, liabilities, losses, expenses, or damages that may be incurred as a result of such claims. The undersigned further expressly agrees that the foregoing release is intended to be as broad and inclusive as is permitted by law in the State of Utah and that if any portion is held invalid, it is agreed that the balance shall continue in full force and legal effect. THE UNDERSIGNED HAS READ, FULLY UNDERSTANDS, AND VOLUNTARILY SIGNS THIS RELEASE AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from this agreement have been made.

The undersigned hereby grants full permission to Mountain Land Charites, Mountain Land Partners and each of its parent or subsidiaries and affiliated companies to use their image (photographs and/or video) for use in all media publications. The undersigned hereby waives any right to inspect or approve the finished photographs or electronic matter, and also waives the right to royalties or other compensation arising from or related to the use of the image or video. The undersigned further expressly agrees that the foregoing release is intended to be as broad and inclusive as is permitted by law in the State Of Utah and that if any portion is held invalid, it is agreed that the balance shall continue in full force and legal effect. THE UNDERSIGNED HAS READ, FULLY UNDERSTANDS, AND VOLUNTARILY SIGNS THIS RELEASE AGREEMENT, and further agrees that no oral representations, statements or inducements apart from this agreement have been made.