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Terms of Use and Liability Agreement

Gravity Coalition LLC

269a E Midway, UT  84049

I agree to the following pricing, returns, and warranty agreement published here:  https://gravitycoalition.com/pages/returns-warranty

I also agree to the release agreement detailed below.

GRAVITY COALITION RELEASE AGREEMENT

This is a legal agreement required for those receiving service or participating in any activity, event, demonstration, clinic, club, or training, held by or with relationship to Gravity Coalition LLC.  This document binds the signing person has received and acknowledged this agreement.  The individual whose initials and signature appear below (hereinafter the “Requesting Party”) agrees and acknowledges as follows: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THIS DOCUMENT CAREFULLY.

  1. Request. The Requesting Party desires to utilize the services of Gravity Coalition LLC and requests that Gravity Coalition provide those services to The Requesting Party. In making this request, the Requesting Party states and promises that Gravity Coalition may rely on the statements and promises made by the Requesting Party in this Release Agreement.
  2. Majority. The Requesting Party states and acknowledges that he/she is at least eighteen (18) years of age and is fully capable and competent to understand, comprehend, and appreciate the terms and significance of this Release Agreement. The requesting party may also be signing as a Parent or Legal Guardian (if the Participant is a minor) and holds responsibility for that minor in this binding agreement.
  3. Acknowledgment and Assumption of Risks and Responsibility. The Requesting Party acknowledges that the activities in which Gravity Coalition LLC are engaged (including, but not limited to, hiking, climbing, camping, running, skating, skiing, boarding, kiting) are sport or recreational opportunities and activities and they involve substantial risks of injury that are inherent or intrinsic to those activities. Those inherent risks include, but are not limited to, the following: sun exposure, rockfall; icefall; avalanches; electrical storms; lightning; mountain storms; wind; snow; ice; rain; hail; sleet; falling; slipping; objects that may fall from above; unstable or loose rocks, snow, and ice; uneven terrain; cold and hot temperatures; dehydration; high altitude sickness; elevation; exertion; illness; unavailability of immediate medical attention in the event of injury or ill health; water submersion, open water hazards such as drowning, hypothermia, unpredictable movement and loss of balance; equipment failure, including but not limited to failure of watercraft, shoes, boots, weather, water protection, life preservers, ropes, slings, harnesses, helmets, climbing hardware and equipment, anchors, pitons, and carabiners; restrictions, inabilities, or inadequacies of the Requesting Party or any other participant in the activities resulting from that person’s age or medical or mental condition (whether such condition is known or unknown); errors or carelessness on the part of others engaged in the activities (including other members of the group); errors and carelessness on the part of Gravity Coalition’s guides, employees, or personnel; errors and carelessness on the part of the Requesting Party; and errors or carelessness on the part of third parties. Also, failure, wear, and safety of the equipment provided, serviced, repaired, tuned, maintained, or adjusted, by Gravity Coalition LLC must be self-evaluated by the Requesting Party and deemed ready and safe for use prior to utilization of this equipment. Use of equipment provided or not provided by Gravity Coalition LLC is only to be performed once evaluated and decided safe and ready for use by the requesting party.  The Requesting Party states and acknowledges that he/she is not only aware of these risks and responsibilities---and undertakes and assumes those risks and responsibilities---but is also aware that the risks and responsibilities can result in serious injury, including but not limited to death and permanent disability.
  4. Voluntariness of Request. In making this request of Gravity Coalition LLC, the Requesting Party states that he/she is participating on a purely voluntary basis, that no one has forced or induced the Requesting Party to participate, and that the Requesting Party is choosing to participate in spite of and with full knowledge of the risks of doing so.
  5. Cooperation. The Requesting Party acknowledges that he/she has responsibilities as a participant in the activities or services and agrees to fully cooperate with and follow the instructions of the guides, officers, directors, employees, or representatives of Gravity Coalition LLC while engaging in the activities. The Requesting Party states that he/she is fully capable of participating in the activities and in following the instructions of the guides, officers, directors, employees, or representatives of Gravity Coalition LLC.
  6. Insurance. The Requesting Party states and acknowledges that---if he/she wants financial protection against the risks of injury associated with the activities---the Requesting Party must obtain his/her own life, liability, accident, or health insurance at his or her own sole cost and expense to protect the Requesting Party or the Requesting Party’s family members. The Requesting Party specifically acknowledges that he/she is not requesting and does not anticipate that Gravity Coalition LLC provide such insurance coverage. The Requesting Party specifically acknowledges that he/she is responsible to obtain his/her own life, liability, accident, or health insurance at his or her own sole cost and expense if such insurance coverage is desired. The Requesting Party acknowledges that he/she is aware that Gravity Coalition does not provide---and is not providing---such insurance coverage.

Initialed: _________ Dated: __________

  1. Release. The Requesting Party hereby fully releases and discharges Gravity Coalition LLC, their respective officers, directors, employees, guides, and representatives, and their respective parent, subsidiary, and affiliated companies and entities (heretofore and hereinafter “Gravity Coalition LLC”) from any and all claims, causes of action, demands, and complaints of whatsoever nature or kind which the Requesting Party---or any family members, heirs, representatives, executors, administrators, or assigns of the Requesting Party---may now have or may have in the future against Gravity Coalition LLC, their respective officers, directors, employees, guides, or representatives, and their respective parent, subsidiary, and affiliated companies and entities on account of any personal injury, damage, loss of consortium, property damage, accident, or death arising out of or in any way relating (a) to the Requesting Party’s participation in the requested activities and services, or (b) to any services, acts, errors, and omissions of whatsoever nature or degree of Gravity Coalition LLC, any of their officers, directors, employees, guides, or representatives, or any of their parent, subsidiary, or affiliated companies and entities. This release includes, but is not limited to, all charges, costs, and expenses that may be incurred as a consequence of any rescue operations, evacuation activity (including, but not limited to, helicopter services), and provision of medical care, and the Requesting Party specifically acknowledges that he or she shall be responsible for the payment of all such charges, costs, and expenses. This Release is intended by the Requesting Party to be full, complete, and without exception of any kind whatsoever. By signing this Release, the Requesting Party intends to, and does, waive and relinquish---completely, forever, and for any and all reasons---the right of the Requesting Party (or any family members, heirs, representatives, executors, administrators, or assigns of the Requesting Party) to bring any lawsuit on account of any personal injury, damage, loss of consortium, property damage, accident, or death arising out of or in any way relating (a) to the Requesting Party’s participation in the requested activities and services, or (b) to any services, acts, errors, and omissions of whatsoever nature or degree of Gravity Coalition LLC and any of their officers, directors, employees, guides, or representatives, or any of their parent, subsidiary, or affiliated companies and entities.
  2. Indemnification. The Requesting Party promises and agrees to indemnify and hold harmless Gravity Coalition LLC, their officers, directors, employees, guides, and representatives, and any of their parent, subsidiary, or affiliated companies and entities from any and all claims, causes of action, demands, complaints, losses, costs, attorneys fees, and expense arising out of or in any way relating to the Requesting Party’s participation in the requested activities and services, including but not limited to any and all claims, causes of action, demands, or complaints asserted or instituted by or on behalf of the Requesting Party or any family members, heirs, representatives, executors, administrators, or assigns of the Requesting Party.
  3. Breach. If the Requesting Party breaches any of the statements, promises, or agreements contained herein, the Requesting Party shall be responsible for the payment of all costs and attorney fees incurred by Gravity Coalition LLC., in responding to any such breach or in enforcing any of the statements, promises, or agreements of the Requesting Party contained herein.
  4. UTAH.. This Release Agreement shall be governed by Utah law and the State of Utah shall be the sole and exclusive jurisdiction and venue for any legal proceeding relating to the subject matter of this Release Agreement and relating to any services provided by---or any acts or omissions of---Gravity Coalition LLC.
  5. Severability. If any part of this Release Agreement is found to be void or unenforceable, such finding shall not affect the force and binding nature of any other portion of the Release Agreement.
  6. Entire Agreement. This Release Agreement is entire and complete and is valid and binding upon the Requesting Party as well as all family members, heirs, representatives, executors, administrators, and assigns of the Requesting Party. The terms of this Release Agreement are contractual and not a mere recital and contain the entire agreement between the parties hereto.

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, and our respective heirs, representatives, executors, assigns, and administrators.