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Waiver of Liability / Terms, Conditions, Policies

 

THIS IS A LEGAL DOCUMENT – A RELEASE AND WAIVER Of LIABILITY AND ACKNOWLEDGMENT OF RISK FORM

Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights for you, your family and your heirs, by signing this contract.

Paul and Sunnys Adventures, LLC d/b/a Dreamland Safari Tours LLC and the Department of the Interior, National Park Service, Grand Canyon National Park, their employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors, and other participants (hereinafter DREAMLAND) hope that you have a rewarding experience. We wish to inform our guests that sightseeing tours, hiking, canyoneering and other outdoor Activities, (hereinafter Guided Tours) are not risk-free. The same elements that contribute to the unique character and fun of Guided Tours such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks.

EXPRESS ASSUMPTION OF THE RISK

There are risks that accompany all aspects of life as well as Guided Tours. Some of these risks are inherent in the  activity; some are changed, increased or decreased due to the activities of Dreamland. You must understand and accept all the  risks of the activity, inherent and others. 

Whenever you are outdoors, you will be faced with conditions that are extreme and can change suddenly in temperature,  humidity and other atmospheric conditions. Before going out, check the weather forecasts and dress and prepare accordingly.  Take the proper clothing for the weather forecast and clothing if the weather changes. Always prepare an exit route from your  location if necessary, for changes in the weather. Keep a constant look out for changing weather conditions. lightening,  storms, hail, snow, tornadoes, water spouts, hurricanes and other weather phenomenon can occur suddenly and without  warning. 

Canyoneering is a term applied to the sport of hiking, climbing, swimming, and climbing through the canyons of the  West. It involves a mix of skills involved in hiking, climbing, and swimming. You need to have knowledge of all these  disciplines before undertaking this activity. Canyoneering can be extremely hazardous, and you should understand the risks. Travel is by foot. Travel by foot is over rugged, unpredictable trail and off-trail terrain, including boulders, river crossings,  snow and ice, steep slopes, and slippery rocks. Attendant risks include collisions, falling; drowning and others usually  associated with such travel. 

The most important thing to remember is to be prepared in advance. You will need plenty of water, rain gear, sun  protection and good hiking shoes. Whenever you are hiking you will be crossing uneven terrain, stepping on unstable rocks  or crossing streams. Footing will be unstable and difficult. You can slip and fall while hiking. The trails that you will be  traversing may be next to cliffs or dangerous. You may be hiking up and down hills. 

You will be in the country where animals, dangerous plants and insects are present. Any animal you encounter in the  wilderness is dangerous. Plants can be poisonous to the touch and more so if ingested. Leave all plants, insects and animals  alone and in peace. 

Meals are prepared over stoves and open fires. Dust, insects or other debris may land in your food or drinks. Always  wash your hands before eating or touching any food or kitchen items. 

You understand that we may be visiting historical and archaeological sites. You acknowledge that it is illegal to collect or  disturb archeological materials. You understand federal laws prevent collecting, removal, or disturbance of any of the pottery,  artifacts, implements or other such objects we may encounter. 

Decisions are made by the instructors, guides and participants in a wilderness setting, based on a variety of perceptions  and evaluations which by their nature are imprecise and subject to errors in judgment. Guide decisions are based on  experience, observation, participant abilities and numerous other factors at the time. Weather can change; participants can  tire, and abilities are not as stated, which may change the entire situation placing people at risk. As a participant, you accept  these risks and situations based on guide decisions and other factors. 

It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in  any of the Guided Tour described above, or that you may encounter. These injuries occur more often when the participants  are using drugs or alcohol or not physically able to undertake the activity. 

You certify that you have reviewed this document with your family and you have examined the Dreamland website and  looked at the information, risks and videos posted on the company website. You certify that your family, including minor  children and yourself are fully capable of participating in a Guided Tour, hiking, canyoneering or sightseeing program. You state that you have read the above statement on some of the possible risks in this activity.

CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION 

For the opportunity of a Guided Tour with Dreamland as consideration, you agree to waive any legal right to any claim  and agree to indemnify and hold harmless Dreamland, its agents and employees, as set forth above, from all claims,  damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Dreamland, including claims for negligent hiring, instruction, operation or other forms of negligence  not normally associated with the Activity or associated with the business and employees. You agree that Dreamland has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Dreamland, its agents, and employees for all actions, causes  of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the  negligence of Dreamland, negligence of another participant, or negligence of your family, yourself, or your heirs, against  Dreamland arising out of participation in this program. This agreement covers the incidental transportation to and from the  recreation location. In short, you cannot sue Dreamland or anyone else for any reason if you or your family or minor  child may receive an injury, and if you do, you cannot collect any money

You agree to indemnify, agree to subrogation and to reimburse Dreamland for any damages, costs, fees or expenses  Dreamland expends on you or your family’s behalf, including the cost of any Search and Rescue or for any damages you may  do to third parties. You understand this means you are the insurer for Dreamland for any actions or damages, you or your family may incur. 

You agree to the site of any lawsuit and the law governing any such lawsuit shall be Kane County Utah and governed  by Utah law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either  party’s case or trial in Kane County Utah applying Utah Law. You understand and agree that you may be giving up the right  to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change  that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this agreement. The terms of this agreement shall continue and be, in effect, after the  Guided Tour has ended. No changes in this document are valid. 

As liquidated damages, you hereby agree that if Dreamland is forced to defend any action, lawsuit or litigation or for  breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on  your family’s or your behalf, your heirs or executors, and you agree to pay Dreamland’s costs and attorney’s fees if they  successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Dreamland for any  claim you may bring or for any injury you receive. If you do, you will pay Dreamland’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of  competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. Except as specifically stated  otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or  communications, electronic, online, written or oral, are superseded by this Agreement. 

All members and guests are responsible for securing their own health insurance. You have adequate health, disability,  and life insurance for your family and yourself. 

You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or  medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the  release of any medical information, in the possession of Dreamland to any medical facility, hospital, ambulance, first aid  provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. 

You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read,  understand and acknowledge the risks and liability for yourself and your family. You acknowledge that you have received a  copy of this Document if you wanted one. 

Nothing in this Acknowledgement and Assumption of Risk and Release and Indemnity Agreement shall be interpreted as the participant releasing Paul and Sunnys Adventures, LLC d/b/a Dreamland Safari Tours LLC from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Paul and Sunnys Adventures, LLC d/b/a Dreamland Safari Tours LLC negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Paul and Sunnys Adventures, LLC d/b/a Dreamland Safari Tours LLC judgments and decisions, or Paul and Sunnys Adventures, LLC d/b/a Dreamland Safari Tours LLC failure to take reasonable precautions to ensure it provides defect-free equipment.

You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family and your heirs. By signing this you understand you, your  family and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money.

 

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Copyright 1998-2021, James H. Moss, 720 334-8829, recreation.law@gmail.com

 

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