Terms and Conditions

For and in consideration of the right to use or rent any equipment from and/or participate in any activity with Wilderness Solutions LLC, of 2669 Canyons Resort Dr., Park City, Utah, 84098 (“Wilderness Solutions”) including, but not limited to, hiking, biking, skiing, snowboarding, rafting, paddle boarding, and other outdoor recreation (“Outdoor Recreation”), in addition to paying any costs and fees due, I expressly agree for myself and (if applicable) for the members of my family, to the following:   

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral or written instructions or directions given by Wilderness Solutions, or the employees, representatives, or agents of Wilderness Solutions.   

2. ASSUMPTION OF THE RISKS. I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the Outdoor Recreation, including the rental of equipment and transportation associated therewith, in which I am about to engage. I understand that no description of risks is ever complete and that unknown or unanticipated risks may result in injury, illness, or death. I recognize the inherent risks associated with the Outdoor Recreation and I ASSUME ANY and ALL risks of injury to myself and (if applicable) my family members, including the risk of serious injury and even death, regardless of the cause of injury, the activity, or the date or time on which the injury is allegedly sustained and regardless of whether the injury occurs prior to, during, or after the time I participate in the Outdoor Recreation.   

3. RELEASE. I acknowledge and understand that obeying and following safety rules and/ or instruction does not guarantee my safety, nor is Wilderness Solutions an insurer of my safety in any manner. I agree to FOREVER RELEASE Wilderness Solutions, its affiliates, related entities, officers, directors, members, agents, employees, and volunteers (the “Company”) from ANY and ALL LIABILITY, and to FOREVER WAIVE ANY and ALL claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees), injury, loss, or damage arising out of my or my family’s participation, whether caused by the negligence or fault of myself, my family, the Company, or third parties.  

4. INDEMNIFICATION. I agree to indemnify and defend Wilderness Solutions, its officers, directors, members, agents, employees, and volunteers against all claims, causes of action, damages, judgments, costs, or expenses, including attorney’s fees and other litigation costs, which may in any way arise from my or my family’s participation in the Outdoor Recreation.   

5. WAIVER OF RIGHTS TO PRIVACY, PUBLICITY, AND REMUNERATION.  I hereby grant Wilderness Solutions the irrevocable right to use my name, voice, and likeness in all forms, media, and manners, without any restriction as to changes or alterations, in connection with the outdoor recreation, through the Company’s business, products, and/or services, including but not limited to for advertising, publication, or any other lawful purposes. I waive any right to inspect, modify, or approve the use of my likeness, or for further compensation.   

6. FEES AND EQUIPMENT. I agree to pay for all damages to the facilities or equipment of Wilderness Solutions caused by any negligent, reckless, or willful actions by me or my family. I also expressly agree to accept “AS IS” and “WITH ALL FAULTS” any equipment and/or anything else that I use from Wilderness Solutions and further understand and acknowledge that Wilderness Solutions provides NO implied warranty of merchantability and/ or fitness or any other warranties of any kind whatsoever and further agree that any activity I participate in with Wilderness Solutions concerns services being rendered only.    

7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Wilderness Solutions has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.   

8. DISPUTE RESOLUTION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved under Utah law and be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.