ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of being permitted to participate as a Vendor or Sponsor, or to participate in any other way in the Utah Avalanche Invitational Soccer Tournament (the "Tournament"), June 18-20 in Park City, Utah, and being permitted to sell, sponsor, or market products and services, on the Tournament grounds, the signer of this document does hereby, on behalf of himself, herself, his or her personal representatives, heirs, and next of kin, corporation, limited liability company, sole proprietor, or any other such business entity (collectively "Vendor"), hereby assumes the risks of such participation and involvement in the Tournament and releases and waives any claim of liability against Utah Avalanche Soccer Club Foundation, Inc., including but not limited to any officers, directors, trustees, affiliates, employees, volunteers, sponsors, teams, coaches, trainers, players, employees, volunteers or any other related person or entity including any persons associated with the Tournament (collectively "Avalanche" or "Utah Avalanche"). The signer of this agreement agrees:
1. Vendor acknowledges, agrees, and represents that he has or will immediately upon entering any of such area of the Tournament where Vendors have set up booths or areas for selling products or sponsorships, inspect the area which he enters, and specifically inspect the area immediately in and around his or her Vendor area, and that Vendor will continue to do so during the duration of his participation in the Tournament. Vendor further agrees and warrants that, if at any time, he feels anything to be unsafe, he will immediately take steps to remedy and resolve anything deemed unsafe and will immediately advise and alert the Tournament officials.
2. Vendor hereby releases, waives, discharges, and covenants not to sue the Tournament and/or Utah Avalanche from all liability for any and all loss or damage, whether to person or property, including death, personal injury, damage, or theft of property, arising out of or related to the Tournament or Utah Avalanche, whether caused by the action or inaction of the Tournament or Utah Avalanche or by any act of any other unreleased third party.
3. Vendor further agrees to release and discharge, indemnify and hold harmless Utah Avalanche from any and all claims, demands, causes of action or suits (including any attorney fees and costs incurred by Utah Avalanche) arising out of the acts or omission or participation of Vendor in the Tournament or any Tournament-related activity conducted by Utah Avalanche. Vendor does hereby expressly and specifically acknowledge that operating as a Vendor can be a dangerous activity and Vendor agrees to assume all of the risks which attend operating as a Vendor at the Tournament ) including but not limited to any facilities from any and all claims, suits, or proceedings arising allegedly or in reality out of the acts or omission and participation of the undersigned in any related activity and Vendor further assumes the full risk for any risk of death, personal injury, damage, or theft of product arising out of or related to the
Tournament, whether caused by the action or inaction of any other unreleased third party, the Tournament or Utah Avalanche unless such action by Utah Avalanche was willfully inflicted to harm Vendor.
4. Vendor hereby acknowledges that the activities of the Tournament can be dangerous and may involve the
risk of serious injury and/or death and/or property damage or theft. Vendor also expressly acknowledges that injuries may be compounded or increased by rescue operations or procedures and hereby assumes this risk and agrees hold the Tournament and Utah Avalanche harmless for the same.
6. Vendor hereby acknowledges and agrees that the Tournament is open to the public, and that the Tournament and Utah Avalanche have only limited control over the comings, goings, and behavior of the public, and as such, Vendor hereby waives any and all claims against the Tournament and Utah Avalanche for any and all acts of theft, violence, damage, or otherwise to Vendor's product, services, materials, booth, or otherwise.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE FOR MYSELF AND THE COMPANY I REPRESENT AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY UTAH OR FEDERAL LAW.
I have read this release and waiver of liability and agree to it *