Evolution 35 LLC
General Release & Indemnity
Damage Responsibility
I, the undersigned, and if I am a person under 18 years of age, my parents and I (hereafter “I”), desire to
participate in the Evolution 35 LLC's travel tours (the "Activity"). I understand and acknowledge that Evolution 35
LLC, a Utah limited liability company (the “Company”), and its related entities have consented to my participation
in activities expressly subject to my execution of this waiver and release (this “Release”) and my performance of
each of the obligations described in the Release.
I understand that the Company has no control over transportation, accommodations and other services and specifically
release the Company from the same. I understand that I am fully responsible for ensuring that I am at the
transportation pickup locations prior to the departure time. Any complaints or issues associated with transportation
must be addressed directly with the transportation service or accommodation provider.
I understand that the Activity involves SIGNIFICANT RISK OF PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR EVEN DEATH.
I understand and expressly accept that there are NATURAL, MAN-MADE, AND ENVIRONMENTAL CONDITIONS AND RISKS involved
in being involved in the Activity, including, international travel, wars and civil unrest and related detentions,
epidemics, pandemics and quarantines, food and water borne illnesses, falls, changing weather, variations in
steepness or terrain, natural and man-made obstacles, equipment failure, collisions with objects, structures, or
other people, animal bites or attacks, and reactions, bumps, burns, negligence of others or exceeding my own
abilities, which may cause severe or even fatal injuries. I understand that the Company has no control over weather
and that activities may need to be cancelled or rescheduled. All activities are nonrefundable. I understand that the
Company may contract with independent parties to provide transportation, accommodation, guide services, and or all
other related travel services. I understand that the Company is in no way responsible or liable for such third
parties and their actions or inactions. I understand that the Company reserves the right to make reasonable changes
in the itinerary where deemed advisable for the comfort and well being of trip members. I specifically agree that
the Company is not responsible for the accommodations during the Activity and any issues that I have with the
accommodations must be handled directly with the place of accommodation.
In consideration of my participation in the Activity, I agree to the following terms and conditions:
I expressly agree to assume all conditions, risks of injury and responsibility for all falls, accidents, personal
injuries, and/or property damage, including all risks of injury or damages resulting from any negligence on the
part of the Company.
I agree to forever waive and release the Company from any and all claims, damages, rights of action, including any
negligence on the part of the Company and injuries, losses and damages resulting in any way from my participation
in the Activity or proximity thereto. My release includes all claims regarding negligence of the Company,
equipment failure, animal problems, or any other participant activities, I agree to indemnify and hold the Company
harmless from all claims, damages or injuries related to my participation in the Activity or proximity to the
Activity, including reimbursement of any attorney’s fees and costs incurred by the Company, even if I claim that
the Company was negligent.
I agree that no lawsuit will be filed by me or on my behalf against the Company as a result of my participation or
proximity to the Activity or for any injuries or damages that I sustain. If I file a lawsuit, I agree to pay any
and all attorney fees, costs, or judgments incurred by the Company, even if I claim that the Company was negligent
and shall only file such lawsuit in a Utah court. I understand that this is a contract, which limits my legal
rights and that it is binding upon my heirs and my legal representatives, if portions of this agreement are
invalid, it is agreed that the remaining portions will remain enforceable.
I agree that I am responsible for my own safety and I shall accept and abide by the rules and regulations of the
Activity. I shall follow all instruction and directions from the Company and its employees and agree to ask
questions to clarify misunderstandings of the Company and its employees. I am fully responsible for reviewing all
of my health restrictions with my physician prior to attending the Activity and for receiving any and all releases
desired from such physician. I further covenant that I will abide by all restrictions or limitations recommended
by my physician and will take full and complete responsibility for abiding by the same.
I irrevocably grant and agree that the Company shall have the right to use, air, publish or reproduce photographs,
video and/or pictures of my name, image and likeness for any lawful purpose.
I UNDERSTAND THAT I AM FINANCIALLY RESPONSIBLE FOR ANY AND ALL DAMAGE THAT I MAY CAUSE. I understand that if I
damage equipment, I will be financially responsible for all costs for repair.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, AND I HAVE SIGNED IT VOLUNTARILY.
I am physically and emotionally able to participate in the Activity and assume all responsibility for ensuring my
physical and emotional needs are met.
I understand that it is my responsibility to ensure that any meals, food or beverages provided to me are in
compliance with any dietary restrictions that I may have and that it is my responsibility to ascertain any
information that I need in that regard.
Name (print)*:
Name is required.
Signature*:
_____________________________Signature is required.
Date: 2024-11-06.
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Add Information
As the parent and/or legal guardian of the above person(s) under 18, I have read this Release and Agreement. I
fully accept the terms and conditions of the Release including the full and general release, the indemnity and
hold harmless of the Company and the agreement to never file a lawsuit against the Company. I have considered the
risks involved and believe the opportunity for the person under 18 to participate is worthwhile and useful to the
person under 18’s development. I have discussed the risks with the person under 18 and have determined that we
should accept those risks and this Agreement. I agree to undertake all duties and responsibilities to educate,
control and protect the pass-holder under 18 from all of the risks involved in the Activities. I agree to make all
decisions concerning the pass-holder under 18’s participation and involvement in the Activities.
Signature of Parent/Legal Guardian:
_____________________________
Date: 2024-11-06.
Note:
Please note that local and state taxes, as well as resort fees, are not included in the quoted rate and will be payable at check-in.
Traveler Details:
This waiver form will be in effect for all tours that you book with Evolution35.