HIGH MOUNTAIN HATCHETS LLC, dba HEBER HATCHETS AXE THROWING
ASSUMPTION OF RISK, RELEASE OF CLAIMS,
AND INDEMNIFICATION
THIS DOCUMENT IS A RELEASE AND LIMITS YOUR RIGHT TO RECOVER DAMAGES IN CASE OF
DEATH, BODILY INJURY OR PROPERTY DAMAGE, AND ALSO SETS FORTH CERTAIN
INDEMNIFICATION OBLIGATIONS. READ IT CAREFULLY BEFORE SIGNING. This document is
sometimes referred to hereinafter as the “RELEASE.”
RELEASEES: As used in this RELEASE, the term “High Mountain Affiliates” means High Mountain Hatchets
LLC (“High Mountain”), any owners or lessees of real property upon which any Recreational Activities (defined
below) are conducted, any owners or operators of any personal property or equipment utilized by High Mountain
Affiliates in connection with the Recreational Activities, and any owners, members, managers, subsidiaries,
shareholders, officers, directors, employees, advisors, representatives and agents of those listed above.
RECREATIONAL ACTIVITIES: As used in this RELEASE, the term “Recreational Activities” means all
activities or events conducted by, associated with, sponsored by, or under the direction of, High Mountain
Affiliates or High Mountain in connection with entry into any part of High Mountain’s premises whether or not
conducted as part of or coincidental to, and including, but not limited to, ax throwing, intentional or accidental use
or discharge of firearms and/or specialized ammunition and/or laser training cartridges provided by High
Mountain; entry into any area where the any of foregoing takes place; observing others participating in the
foregoing; or otherwise participating in or being involved for any purpose with the foregoing; slipping and/or
falling; physical exertion; fatigue; stress; exhaustion; heart attack; the unavailability of emergency medical care;
and many other inherent and other safety risks which could cause social and economic losses that may not be
known or readily foreseeable at this time.
REPRESENTATIONS: In the event that I participate in any Recreation Activities using a firearm of any nature, I
hereby represent to High Mountain that I am not a “Category I restricted person” or a “Category II restricted
person” as such terms are defined by Utah Code Ann. § 76-10-503, as may be amended from time to time.
ASSUMPTION OF RISK: I acknowledge that participation in the Recreational Activities involves many
inherent risks as well as risks that may be individual in nature, including, but not limited to, the risk of
PROPERTY DAMAGE, SERIOUS MENTAL OR PHYSICAL INJURY, PERMANENT DISABILITY,
LOSS OF LIMBS, PARTIAL OR COMPLETE PARALYSIS, OR DEATH as a result of: my own negligence
and/or the negligence of all others, including the negligence of High Mountain Affiliates; being hit by an ax; cuts
or similar injuries; impalement; bounce back; over-throwing; splinters; accidental release of an ax; collision
between me and another person, object or barrier; equipment malfunction or failure including without limitation
ax breakage; handling firearms and being near others that have firearms in their possession; ear damage from
noise; injury from ammunition or laser cartridges; shots from other firearms; ricochets from targets or projectiles;
damage to myself or my property by others or flying debris or projectiles; being shot by or shooting myself or
others; partial or total loss of eyesight or hearing; and many other inherent dangers that no amount of care,
instruction, or expertise can eliminate. I further recognize, acknowledge, and agree that I am solely responsible
for the safety, comfort, and wellbeing of myself and any minor who may accompany me or may participate in
Recreational Activities. In consideration of being allowed to participate in any way in the Recreational Activities
and/or being permitted to enter into High Mountain’s premises or any areas where Recreational Activities may
take place, I ASSUME ALL RISKS AND RESPONSIBILITY FOR THE SAFETY OF MYSELF AND MY
PROPERTY AS WELL AS THE SAFETY OF THE PERSON AND PROPERTY OF ANY MINOR WHO
ACCOMPANIES ME. I agree that the use of all services, equipment, and/or facilities of High Mountain
Affiliates in connection with such activities are AT MY OWN RISK. To the extent that first aid or medical
services are rendered (or not rendered) to me or any minor who accompanies me, I agree that the terms of this
RELEASE shall also apply.
RELEASE OF CLAIMS: I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE each
and all of the High Mountain Affiliates from all liability to myself, any minor who accompanies me, my personal
representative or estate, assigns, heirs and next of kin, and the personal representative of any minor who
accompanies me or such minor’s estate, assigns, heirs and next of kin, for any and all loss or damage and any
claims and/or demands on account of injury, death, or damage to me, any minor who accompanies me, and any of
my or such minor’s personal possessions. I HEREBY WARRANT AND REPRESENT THAT I AM OF
LAWFUL AGE AND LEGALLY COMPETENT TO SIGN THIS RELEASE ON BEHALF OF MYSELF AND
ANY MINOR LISTED BELOW; that I have read this RELEASE and understand that the terms of this
RELEASE are contractual and shall be binding on any personal representative or estate, assigns, heirs and next of
kin; and that I have signed this RELEASE as my own free act. I further warrant and represent that I shall comply
with all policies and obey all rules of High Mountain Affiliates, including those outlined herein. I also agree that
if I or any minor who accompanies me am asked by High Mountain Affiliates to (i) discontinue my participation,
or the participation of any minor who accompanies me, in the Recreational Activities or (ii) leave the area in
which the Recreational Activities are being conducted, I will do so immediately or will immediately cause such
minor to do so, as the case may be, and I will not hold High Mountain Affiliates liable for any expense incurred
by me or such minor in doing so.
INDEMNIFICATION. In addition to and without limiting anything contained herein, I hereby agree to
indemnify each and all of the High Mountain Affiliates against, and agree to protect, save and hold harmless High
Mountain Affiliates from, any and all liabilities, obligations, losses, damages, claims, expenses (including court
costs and attorneys’ fees) and any other costs associated with or arising from any claim or claims made by me or
on my behalf (or by any minor who accompanies me or on behalf of such minor) with respect to the Recreational
Activities and/or participation in the Recreational Activities or the terms, conditions, or enforcement of the terms
of this RELEASE.
GOVERNING LAW/ ENFORCEABILITY. This RELEASE shall in all respects be governed by, and construed
in accordance with, the law of the State of Utah without regard to its choice of law provisions. Each party hereto
submits to the exclusive personal jurisdiction of the Utah state courts located in Utah County, Utah for all issues
regarding this RELEASE and the terms and conditions hereof. Any provision of this RELEASE that is
prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or
unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other
jurisdiction. The undersigned acknowledges that it is his or her intention to provide a release of claims to the
High Mountain Affiliates to the fullest extent permitted by law. To the degree that a court determines that any
provision of this RELEASE is partly or wholly unenforceable, such provision shall be re-written by the court or
other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of
the parties.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS “ASSUMPTION OF RISK,
RELEASE OF CLAIMS, AND INDEMNIFICATION” BY CAREFULLY READING IT BEFORE SIGNING
BELOW.
In the event that a minor child for whom I am responsible shall participate in the Recreational Activities and such
minor is not accompanied by me, I hereby agree that the terms, conditions and provisions of this RELEASE shall
apply to me and such minor to the same extent as if I had accompanied such minor.