RICOCHET CANYON WAIVER AND LIABILITY RELEASE.
PLEASE READ CAREFULLY AS THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
Hereinafter Ricochet Canyon LLC (and it's parent entity Train Shoppe Inc.), shall be referenced in this document as Ricochet Canyon.
By signing the receipt in lieu of payment for admission to enter the Ricochet Canyon amusement area, including any rides and attractions owned and operated by Ricochet Canyon that may be outside the amusement area. I, the patron of Ricochet Canyon, in consideration of permission to use the Ricochet Canyon facilities, voluntarily assumes the risk of injury or even death as inherently dangerous, and further recognize my responsibility to inspect the facilities and read and obey all signs, rules, and regulations associated with the activities at Ricochet Canyon. If the patron(s) are under eighteen (18) years of age, the admission receipt must be signed by a parent, guardian, or accompanying adult of at least (18) years of age. Under no circumstances will Ricochet Canyon permit patrons(s) under the age of (18) to enter the amusement area without being accompanied by a parent, guardian, or accompanying adult of at least (18) years of age, and without the aforementioned signed admission receipt.
There are inherent risks in the participation in or on any ride, device, attractions and other recreational activities (hereinafter “activities and/or activity”). Patrons of activities, by participation, accept the risks inherent in such activities of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the activities, and to obey all oral and written instructions and warnings, prior to or during participation. Patrons have a duty to refrain from participating in or on any activity, when under the influence of drugs or alcohol, and must agree to Ricochet Canyon's code of conduct. Other risks include, but are not limited to: slips and falls, risk of drowning, and other inherent risks associated with an amusement area, where other patrons are present that may present the risk of injury or death.
I, on behalf of myself and my successors or assigns hereby agree to release, waive, discharge, hold harmless, defend and indemnify Ricochet Canyon, and their respective owners, agents, officers, members and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise that may arise out of my use of the amusement area activities, and any other equipment, structures or primary or secondary uses. I, or any member of my family or to any person for whom I am legally responsible for, specifically understand that I am releasing, discharging, and waiving any claims or actions that I or any member of my family or to any person for whom I am responsible for may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers, members or employees of Ricochet Canyon, their successors, and/or assigns.
I further agree that if suit is brought against Ricochet Canyon by me, my spouse, child, or ward or by someone on my or their behalf for any injury resulting from the use of Ricochet Canyon’s facilities for a claim of negligence or otherwise, I will indemnify and hold Ricochet Canyon harmless from and for any liability which may be imposed on it in such lawsuit, and agree to reimburse Ricochet Canyon for any expenses it might incur in defending any lawsuit including reimbursement for costs of defense or for payment of any settlement or verdict that might be imposed on it. I agree that all disputes arising under this contract and/or from my use of the facilities and attractions at Ricochet Canyon shall be litigated exclusively in the Salt Lake County Justice Court, Salt Lake County, Utah. I understand and agree that this Agreement is governed by the laws of Utah. I represent and warrant that I am agreeing with this document with the consent of my spouse (if any) and understand that I may be giving up the rights of my child and spouse to sue as well as giving up my own right to sue. I further agree that if any part of the Agreement is determined to be unenforceable, all other parts shall be given full force and effect. In addition I agree to comply with all rules and regulations that may, from time to time, be adopted by Ricochet Canyon.
GUEST RULES & CODE OF CONDUCT FOR THE RICOCHET CANYON AMUSEMENT AREA.
In order to promote a comfortable, safe, and family-oriented experience at Ricochet Canyon, rules of conduct for guests have been established. Violation of the guest rules may result in corrective action, ejection from the Park, and possible legal prosecution. “Park” means all Ricochet Canyon property including the enclosed amusement space, the parking lot, and the perimeter property surrounding the enclosed amusement space.
1. There are inherent risks in the participation in or on any amusement ride, device, or attraction. Amusement rides, devices, and attractions are designed to be stressful and may shock, surprise, thrill, or inspire patrons. Patrons best know their own capabilities, limitations, and health, and when participating on an amusement ride, device, or attraction, should not engage beyond their capabilities, limitations, or health.
2. Violation of any ride, device, or attraction safety instructions/warnings/restrictions, or the commission of an unsafe act on a ride, device, or attraction is prohibited.
3. Disruptive activities will not be tolerated, including, without limitation:
a. Interference with normal Park operations.
b. Causing unnecessary inconvenience or annoyance to amusement area guests.
c. Disrupting the normal course of any show or performance with excessive noise or improper behavior.
d. Disruptive behavior in any ride, device, or attraction queue line, including entering in front of guests already in line, leaving a line and attempting to reenter at the same point, or saving a place in line for another guest.
4. The following actions or behaviors are prohibited without exception:
a. Possession of firearms, knives, or other weapons of any type as determined
by Ricochet Canyon staff.
b. Use of intrusive or disturbing portable stereos, audio devices, and multimedia devices other than those required to aid with an injury or disability such as hearing aids.
c. Trespass, including illegal entry, climbing fences or entry into restricted or behind the scene areas. Note: Unauthorized entry into ride enclosures to retrieve a lost article or other purpose is extremely dangerous and may result in injury or death. Please contact the ride operator for assistance.
d. Destruction or defacing of Park property.
e. Solicitation of any kind.
f. The resale of tickets.
g. Mistreatment or harassment of animals.
h. Running and rough or loud play in the Park.
5. Shirts and shoes must be worn at all times. At the sole discretion of Ricochet Canyon staff, swimsuit tops are discouraged, but may be allowed when worn with other appropriate clothing.
6. Any behavior or appearance that may be offensive to Park guests is prohibited, including without limitation the wearing of offensive or obscene clothing and/or clothing that signifies membership in a gang or potentially disruptive group.
a. The wearing of offensive or obscene clothing and/or clothing that signifies membership in a gang or potentially disruptive group. Examples of unacceptable attire include:
1. Clothing that displays offensive words, phrases, graphics, signs, pictures, or art.
2. Clothing made with offensive material (i.e. transparent).
3. Clothing which is excessively torn or exposes inappropriate portions of the body such as some bikini tops and bottoms (i.e. G-strings, thongs, etc.).
4. NOTE: All clothing is subject to management review and discretion.
b. Sexual activity.
c. Impairment due to alcohol, substance abuse and/or illegal drug use.
d. Profane language or obscene gestures.
7. On Ricochet Canyon’s rides, devices, and attractions, riders shall, at a minimum:
a. Obey safety instructions/warnings/restrictions posted and verbal instructions given.
b. Refrain from acting in any manner which may cause or contribute to injuring yourself or others, including:
1. Exceeding the limits of the rider’s health condition and/or ability.
2. Interfering with safe operation of the amusement ride, device, or attraction.
3. Failure to engage and lock any safety devices on a ride, device, or attraction.
4. Disconnecting or disabling a safety device on a ride, device, or attraction.
5. Altering or enhancing the intended speed, course, or direction of the ride, device, or attraction.
6. Using the controls of a ride, device, or attraction designed solely to be operated by the ride, device, or attraction operator.
7. Extending arms and legs beyond the carrier or seating area of a ride, device, or attraction.
8. Throwing, dropping, or expelling an object from or toward a ride, device, or attraction.
9. Getting on or off a ride, device, or attraction except at the designated time and in the designated area.
10. Each rider must have the ability to maintain proper riding posture and position, and brace themselves throughout the course of the ride, device, or attraction against potential forces created during the experience and/or by other participants.
11. As a rider you must fit comfortably within the seat or rider compartment, be properly secured by the rider restraint provided, understand and follow instructions, signs warnings, and precautions on how to use all related safety equipment.
12. Due to the nature of Ricochet Canyon’s rides, devices, and attractions, purses, bags, backpacks, waist packs, hats, selfie sticks, and other loose articles are not permitted on rides. It is recommended riders leave all personal belongings with a non-rider, or at the ride station area. Cell phones or other small items must be secured in cargo pockets, zippered pockets, or similar or left with a non-rider or in a locker. Ricochet Canyon is not responsible for items lost or left on ride platforms.
8. Ricochet Canyon is a smoke free Park. No smoking and/or vaping of any kind will be permitted within the Park. Smoking and/or vaping is permitted in the parking lot and perimeter property only.
9. At the discretion of Ricochet Canyon, animals may be permitted in the Park. Animals must receive proper care, must be leashed by a maximum 6 foot leash at all times, and may not be left unattended. Animals may not be tethered to Park fencing, ride queues, or be admitted to board rides. Animal owners are responsible for the care and clean-up of their animal’s waste. Ricochet Canyon is neither in control of nor responsible for the behavior of a patron’s animal, including any damage or injury resulting from a patron’s animal.
10. For safety reasons, Ricochet Canyon does not allow wheeled vehicles or recreational wheels to be ridden in the Park. This includes in line or other skates, skateboards, hoverboards, bikes, scooters, Segways, wheeled shoes, and similar devices. Ricochet Canyon does allow patrons with disabilities to enter the Park with and use standard, unmodified wheelchairs or motorized chairs (collectively
“wheelchair”). Ricochet Canyon reserves the right to refuse patron use of any wheelchair, motorized chair, or other mobility device which in management’s opinion, may, because of design or operation, present a perceived risk to the safety of the operator or other patrons. The patron with a disability is responsible for the safe operation and control of the wheelchair. Only the patron with the disability may
utilize the wheelchair. Ricochet Canyon is not responsible for an unattended wheelchair. Ricochet Canyon is neither in control of nor responsible for any damage or injury resulting from a patron’s use of any wheelchair.
11. Most outside food and beverages are not allowed within the Park, and what will be allowed is at the discretion of Ricochet Canyon staff. Items that are generally allowed include non disposable hydration containers and food and/or drink for infants.
12. Ricochet Canyon assumes no responsibility for a guest’s personal property whether in a playground area or elsewhere on the Park.
13. No unauthorized parking. Vehicles parked in areas not authorized by Ricochet Canyon or in restricted or no parking areas, or parked in such a way as to be a safety hazard or which impede normal flow of traffic will be towed at the owner’s expense.
14. All guests are subject to search.
15. For security and quality assurance, certain areas of the Park are monitored and under surveillance using cameras and audio recording equipment.
16. Rain, Inclement Weather, Power Failure. Ricochet Canyon does not offer rain checks, refunds or price adjustments for entry admission fees purchased on an inclement weather day. Individual ride tickets only seasonally expire, and can be used throughout the same season in which they were purchased. Some rides, devices, and attractions will close due to weather conditions particularly rain, high winds, and/or lightning. Specifically which rides, devices, and attractions will close or remain open depends on the varying degrees of inclement weather and its effect on each ride, device, and attraction. Those rides, devices, and attractions affected the most are the roller coasters and tall rides, devices, and attractions. Ricochet Canyon makes every effort to reopen the rides, devices, and attractions as quickly as possible after adverse weather conditions cease, with safety being the first priority. Ricochet Canyon reserves the right to shut down rides, devices, and attractions, close the Park, and cancel any events or shows due to inclement weather. Upon an interruption of utility service, the first 15 to 30 minutes will be dedicated to necessary ride, device, and attraction evacuations and identification of the cause. Following this initial period, it may require over an hour to determine appropriate corrective action to restore utility service. Should Ricochet Canyon experience total failure of utility service for more than one and one half hours, guests will be offered another day at the Park for the face value of their admission receipt. This offer is good until end of the season. Guests must present their admission receipt in order to take advantage of this offer. For an interruption of utility service causing partial closure of Park facilities, Ricochet Canyon does not provide refunds, rain checks, or price adjustments.
17. Ricochet Canyon makes every effort to make rides and attractions available and operational for Park guests. In all cases, safety is the overriding consideration. Ricochet Canyon does not provide refunds, rain checks, or price adjustments for rides or attractions not operating due to mechanical, electrical, hydraulic, pneumatic, or other operational faults, failures, or conditions, or for the errors, omissions, failure or lack of service, or other cause or action related to Ricochet Canyon employees.
RICOCHET CANYON EXPRESSLY RESERVES THE RIGHT AT ITS SOLE AND ABSOLUTE DISCRETION TO TAKE WHATEVER ACTION DEEMED NECESSARY TO CORRECT ANY SITUATION IN VIOLATION OF THE ABOVE RULES OR THAT REPRESENTS A THREAT TO OR BREACH OF SAFETY, SECURITY, NORMAL PARK OPERATION, OR THE ENJOYMENT OF GUESTS OF RICOCHET CANYON.