PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK In consideration of the services of Gateway to Spanish Fork LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “GSF”), I hereby agree to release, indemnify, and discharge GSF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in Snow Tubing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: slipping and falling; hidden obstacles by snow including crevasses, ice and snow cornices, tree wells, tree stumps, creeks rocks and boulders, below the snow surface; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; loss of control loss or damage to equipment being used; scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; strains, cuts, bruises, muscle soreness and fractures; musculoskeletal injuries including head, neck, and back; nerve damage; injuries to internal organs; exposure to cold including hypothermia, frostnip, frostbite, and exhaustion; collision with other tubers and/or objects; the negligence of other participants or persons who may be present; transmissible pathogens or diseases; my own physical condition, and the physical exertion associated with this activity. Furthermore, GSF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless GSF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of GSF’s equipment or facilities, including any such claims which allege negligent acts or omissions of GSF.
4. Should GSF or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against GSF, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against GSF on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at GSF. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I further agree to indemnify and hold harmless GSF from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).