Utah Calling

PARTICIPANT ACKNOWLEDGMENT OF RISKS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
 

In consideration of the services of IGN Consulting LLC, dba Utah Calling, together with its agents, members, managers, officers, representatives, employees, staff, and all other persons or entities acting in any capacity on its behalf (collectively “Utah Calling”), I (or if signing for a minor child, I consent on the child’s behalf) hereby agree to release and discharge Utah Calling and enter into this Participant Acknowledgment of Risks, Release of Liability, Assumption of Risks, Waiver of Claims, and Indemnity Agreement (“Agreement”) on behalf of myself, my heirs, successors, beneficiaries, assigns, personal representatives, trustees, and estate as follows:
 

1. Participation in Activities

My purpose in contracting with Utah Calling is to participate in guided walking tours, including historical, cultural, architectural, mural, and women’s history tours in urban environments. These activities may include walking on sidewalks, paved paths, uneven surfaces, stairs, curbs, crossing streets, navigating public transportation, entering public buildings, and participating in group movement through city environments (collectively the “Tour Activities”). Tour Activities may include riding public transportation such as buses, trams, or trains.
 

2. Participant’s Acknowledgment of Inherent Risks

I acknowledge risks including slips, trips, falls, collisions, fatigue, dehydration, muscle strains, sprains, bruises, cuts, uneven sidewalks, curbs, construction zones, stairs, escalators, public transit platforms, traffic, bicycles, scooters, crowded sidewalks, weather conditions, and sudden weather changes. I acknowledge risks associated with public transportation including sudden stops, crowded conditions, boarding and exiting vehicles, and unpredictable passenger behavior.
 

Medical Treatment & Delays

I acknowledge that Utah Calling may not have immediate access to medical assistance during Tour Activities and that emergency response may be delayed due to urban congestion or other factors.
 

Participant Responsibilities

I understand that I am responsible for my own safety, including wearing appropriate footwear, staying aware of surroundings, following all instructions from Utah Calling, and notifying Utah Calling of any unsafe conditions. I acknowledge that Utah Calling employees may make decisions based on momentary perceptions and that errors in judgment may occur without constituting negligence.

 

3. Express Assumption of Risk

I expressly agree to accept and assume all risks associated with the Tour Activities, whether identified in this Agreement or not. My participation is voluntary.
 

4. Release and Waiver of Rights Including for Claims of Negligence

I voluntarily release, forever discharge, and agree to indemnify and hold harmless Utah Calling from any and all claims connected with my participation in the Tour Activities, including claims alleging negligent acts or omissions of Utah Calling, except in cases of gross negligence, recklessness, or intentional misconduct. I understand that failure to follow Utah Calling’s instructions or safety guidelines constitutes my own negligence, for which Utah Calling cannot be held liable.
 

5. Indemnity

I agree to indemnify and hold harmless Utah Calling from any claims brought by third parties arising from my participation in the Tour Activities, including attorneys’ fees and costs.
 

6. Personal Skill & Insurance

I certify that I have accurately disclosed all medical, mental, or physical conditions that may affect my participation. I acknowledge that failure to disclose relevant information increases my risk of injury and that Utah Calling is not responsible for injuries resulting from undisclosed conditions. I certify that I have adequate insurance or agree to bear all costs of injury or emergency transportation.
 

7. Medical Issues

I understand that Utah Calling is not a medical provider. If emergency medical attention is deemed necessary, I authorize Utah Calling to contact emergency services. I agree that Utah Calling is not responsible for the quality or outcome of any medical care provided and that I am solely responsible for all medical expenses incurred.

 

8. Photographic Assignment

I understand that Utah Calling may take photographs or digital media during Tour Activities. I grant Utah Calling a non-exclusive, royalty-free license to use my likeness for promotional purposes unless I notify Utah Calling in writing before the tour. This license is perpetual unless revoked in writing.
 

9. Release as Contract and Personal Capacity

I acknowledge that I am signing this Agreement freely, am not under the influence of drugs or alcohol, and have the capacity to enter into this Agreement.
 

10. Miscellaneous Terms

Any lawsuit against Utah Calling shall be filed solely in Salt Lake County, Utah, and governed by Utah law. If any portion of this Agreement is found unenforceable, the remainder shall remain in effect. This Agreement constitutes the entire agreement between myself and Utah Calling.