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Ramey Family Pool Waiver

WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK

RAMEY SWIMMING POOL AND PROPERTY WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK

CAUTION: PLEASE READ THIS FORM CAREFULLY and be aware that in utilizing the swimming pool, diving board, slide and any and all other features, structures, fixtures, furnishings, personal property and real property located at 2959 North 1550 West Pleasant Grove, Utah 84062 (hereinafter collectively referred to in this agreement as the “Pool”), YOU WILL BE EXPRESSLY ASSUMING THE RISK AND LEGAL LIABILITY AND WAIVING AND RELEASING ALL CLAIMS FOR INJURIES, DAMAGES OR LOSS, OF ALL VARIETIES, WHICH YOU, YOUR FAMILY MEMBERS, YOUR GUESTS OR INVITEES MIGHT SUSTAIN AS A RESULT OF ACCESSING AND/OR UTILIZING THE POOL. I, (PRINTED NAME) agree to familiarize myself, my family members, my guests and invitees with the rules of the Pool and agree to abide by them. I understand the Ramey Family retains the right to suspend or expel users of the Pool from the use of Pool for failure to comply with the rules related to use of the Pool.

DISCLAIMER CLAUSE

The Ramey Family, the owner and the residents of the structures and/or land utilized for the Pool and assigns, and any residents of 2959 North 1550 West Pleasant Grove, Utah 84062 are not responsible for any injury, loss or damage of any kind sustained by any person while utilizing the Pool, including injury, loss or damage which might be caused by the negligence of the Ramey Family.

WARNING! THERE ARE OBVIOUS KNOWN DANGERS INHERENT IN SWIMMING AND RELATED ACTIVITIES INCLUDING, BUT NOT LIMITED TO: SLIPPING, FALLING, NEAR DROWNING, HEALTH HAZARDS, DISEASE, AND SEVERE INJURY AND IN SOME CASES, DEATH.

DESCRIPTION OF RISKS

I recognize and acknowledge that there are certain dangers and risks of physical injury and death while swimming and engaging in related activities. I also understand that in order to be allowed to use the Pool I must give up my rights to hold the Ramey Family liable for any injury or damage, which my family members, guests, my invitees, or I may suffer while utilizing the Pool. I voluntarily agree to assume the full and absolute risk of any and all injuries, damages or losses, regardless of severity, that my family members, my guests, my invitees or I may sustain as a result of using the Pool. I further agree to waive and relinquish all claims against the Ramey Family that my family members, my guests, my invitees or I may have as a result of the use of our visit to the Pool.

INDEMNIFICATION AND RELEASE OF LIABILITY

In return for the Ramey Family allowing me to voluntarily utilize the Pool, I agree:

TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my use of the Pool, even though such risks may have been caused by the negligence of the Ramey Family;

TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I, my family members, my guests or my invitees may sustain while using the Pool, even though such injury, loss or damage may have been caused by the negligence of the Ramey Family;

TO INDEMNIFY AND HOLD HARMLESS the Trust from any and all claims, demands, actions, and costs which might arise out of my use and the use by my family members, my guests or my invitees of the Pool, even though such claims,

demands, actions, and costs may have been caused by the negligence of the Ramey Family. I understand and agree that this agreement will have the effect of releasing, discharging, waiving, and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown and whether anticipated or unanticipated by me, arising out of my use of the Pool. This agreement constitutes a complete release, discharge WAIVER AND RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK and waiver of any and all actions or causes of action against the Ramey Family. I understand and agree that this agreement applies to personal injury, property damage, or wrongful death which I, my family members, my guests or my invitees may suffer, even if caused by the negligent acts or omissions of others. I understand and agree that by signing this agreement, I am assuming full responsibility for any and all risk of death, disease, personal injury or property damage suffered by me, my family members, my guests or my invitees while utilizing the Pool. I understand and agree that this agreement will be binding on me, my spouse, my heirs, my personal representatives, my assigns, my children and any guardian ad litem for said children. I understand and agree that by signing this agreement, I am agreeing to release, indemnify and hold the Ramey Family harmless from any and all liability or costs, including attorneys’ fees, associated with or arising from my use of the Pool. I do hereby fully release and forever discharge the Trust from any and all claims for injuries, damages, or loss that I, my family members, my guests or my invitees may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with the Pool.

Acknowledgment

I acknowledge that I have read this agreement and that I understand the words and language in it. I have been advised of the potential dangers incidental to utilizing the

Pool. In consideration of being permitted to use the Pool, I hereby voluntarily release the Trust from any and all liability resulting from or arising out of my use and the use by my family members, my guests or my invitees of the Pool. I understand and agree that I am releasing not only the Ramey Family but also all the other parties heretofore included in the definition of the Ramey Family members. I have read and fully understand the above important information, warning of risk, assumption of risk, indemnification obligation, and waiver and release of all claims.

I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT. It is binding upon me as well as upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. I HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT, and by signing this agreement voluntarily, I am agreeing to abide by its terms. I HEREBY EXPRESSLY RECOGNIZE THAT THIS AGREEMENT IS A CONTRACT PURSUANT TO WHICH I HAVE RELEASED ANY AND ALL CLAIMS AGAINST THE TRUST RESULTING FROM USE AND OR VISIT THE POOL INCLUDING ANY CLAIMS CAUSED BY THE

NEGLIGENCE OF THE TRUST. I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY AND UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND

STATE THAT I AM NOT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR ANY OTHER MIND ALTERING SUBSTANCE.

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Signed by Brent Ramey
Signed On: June 27, 2019

Timestamp

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June 15, 2019 8:22 pm MDT

Ramey Family Pool Waiver Uploaded by Brent Ramey - bramey@victig.com IP 174.52.199.59