Liability Waiver, Assumption of Risk, and Release of Claims
READ CAREFULLY — THIS IS A LEGALLY BINDING AGREEMENT.
By signing this waiver, you acknowledge that you are voluntarily participating in activities that involve inherent risk. You agree to waive certain legal rights, including the right to sue.
I understand that Mountain Point Lake & Hot Springs is privately owned by Kinneret Investments LLC and operated and maintained by Crystal Springs Fisheries Inc., which manages access and site development on behalf of the Mountain Point Lake & Hot Springs Private Membership Association (PMA). These entities are private and not open to the public. Access is by private membership or invitation only.
I understand and acknowledge the inherent risks associated with swimming, paddleboarding, hot springs exposure, and other outdoor or water-based activities. These risks include, but are not limited to: slips, falls, drowning, equipment failure, sudden changes in weather or terrain, wildlife, environmental hazards, and other dangers that may result in serious injury, illness, or death.
I acknowledge and accept the inherent risks associated with exposure to untreated natural bodies of water, including the potential for waterborne illness, skin or eye irritation, and other health effects resulting from naturally occurring bacteria, algae, or microorganisms. I understand that the lake and hot springs are not chemically treated or monitored for pathogens, and that participation in water-based activities may also involve exposure to communicable illnesses or viruses through contact with other individuals. I voluntarily accept these risks and agree to assume full responsibility for any related outcomes.
I voluntarily assume all risks, both known and unknown, and freely choose to participate as a member or invited guest of the PMA. I certify that I am physically and mentally capable of participating safely.
In consideration of being granted access to the property and its facilities, I hereby release, waive, and discharge Kinneret Investments LLC, Crystal Springs Fisheries Inc., Josh and Lora Davis, and all their agents, employees, volunteers, members, officers, successors, and assigns (collectively, “Releasees”) from any and all claims, demands, actions, damages, liability, or losses arising out of or related to my participation in any PMA activity, whether caused by negligence or otherwise.
This release includes, but is not limited to, claims of negligence relating to property conditions, supervision, emergency response, equipment failure, or failure to warn.
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, costs, or legal fees arising from my participation or that of any minor under my care.
I understand that no warranties, guarantees, or representations have been made regarding the safety, supervision, or suitability of the site, water conditions, or facilities. I am not relying on any oral or written statement not explicitly stated in this agreement.
This waiver shall be governed by the laws of the State of Utah. Any legal action shall be brought exclusively in a court of competent jurisdiction in Salt Lake County, Utah. If any part of this agreement is found unenforceable, the remainder shall remain in full force and effect.
If signing on behalf of a minor under 18, I certify that I am their parent or legal guardian and accept full responsibility for their participation. I voluntarily execute this waiver on their behalf and agree to all its terms.
By signing, I acknowledge that I have read this agreement in full, understand its terms, and voluntarily waive substantial legal rights, including the right to sue.