Whereas, the Licensor owns approximately fifty (50) acres of property located at 2001 W 1200 S, Heber City, UT 84032, and known as “Summerhouse Farms,” (the “Property“); and
Whereas, Licensee desires to use the Property for the purpose described above (the “Activities”); and
Whereas, Licensor is willing to grant Licensee a license to participate in such Activities, in accordance with this Agreement;
Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Grant of License Licensor grants to Licensee a license to use, subject to all of the terms and conditions of this Agreement, the Property to conduct such Activities in accordance with this Agreement.
2. Described Purpose and Limitation The Property may be occupied and used by Licensee and Participating Family Members solely for said Activities described above and only after Licensee has checked in with Licensor informing Licensor of Licensee’s presence on the Property. Licensee must check in with Licensor each time Licensee uses the Property pursuant to this License. Entering or using the Property without checking in with Licensor will be deemed trespassing subject to the penalties provided by law.
3. Payment Licensee shall pay Licensor for this License the fee set forth above.
4. Termination Licensor may terminate this Agreement at any time, without notice, upon Licensee’s violation of any term of this Agreement.
5. Licensee to Obey Laws Licensee agrees that Licensee and all Participating Family Members will use the Property in accordance with the laws of the State of Utah, Wasatch County and the Heber City. If Licensee or any Participating Family Member is held to have violated any such laws while on the Property subject to this License, this License shall immediately terminate.
6. Release and Indemnification of Licensor Licensee, Responsible Family Member and all Participating Family Members do hereby release Licensor, his employees, agents, heirs, successors, and assigns (collectively Releasees) from all liability of Releasees for any physical injury, death, or damage to property that results, directly or indirectly from the use of Property in conducting such Activities. Licensee, Responsible Family Member and all Participating Family Members further assume all risks of using of said Property as aforesaid and agrees to indemnify, save and hold Releasees harmless from any loss, liability, attorneys’ fees, damage, or costs that Releasees (or any of them) may incur arising out of or related to the use of Property by Licensee, Responsible Family Member and all Participating Family Members, whether caused by the negligence of the Releasees or otherwise. This release and indemnification agreement includes any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that Licensee had or may have, arising from or in any way related to use of the Property by Licensee, Responsible Family Member and all Participating Family Members.
7. License not Assignable The license granted by this Agreement is personal to Licensee and is not assignable.
8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah.