Terms of Service
PASSENGER WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
This WAIVER AND RELEASE OF LIABILITY AGREEMENT (“Agreement”) is entered into by and between the undersigned passenger (“Passenger”) and CR WEST LLC, A Utah Limited Liability Company (“Company”) in connection with transportation services provided by the Company.
1. ASSUMPTION OF RISK AND RELEASE FROM LIABILITY.
Passenger understands and accepts that riding in any vehicle involves INHERENT RISKS, including but not limited to accidents, delays, injuries, and property damage. These risks include, but are not limited to, inclement weather, road conditions in mountainous or canyon areas (such as Heber City, Park City, or Huntsville/Eden), vehicle malfunctions, or wildlife encounters. By signing this Agreement, Passenger voluntarily assumes all such risks and agrees to RELEASE AND HOLD HARMLESS the Company, its owners, employees, agents, and contractors from any and all liability for personal injury, property damage, death, or other loss arising from or related to the transportation services—TO THE FULLEST EXTENT PERMITTED BY LAW. This release does not apply to gross negligence or willful misconduct.
2. INDEMNIFICATION.
Passenger agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company from and against any and all claims, liabilities, damages, or expenses (including attorney fees) arising out of Passenger’s actions, negligence, or conduct, including third-party claims.
3. FORCE MAJEURE, DELAYS, AND NO GUARANTEE OF TIMELINESS
The Company shall not be liable for delays, cancellations, or failure to perform due to causes beyond its reasonable control, including but not limited to weather, road closures, accidents, mechanical failure, pandemics, natural disasters, strikes, or government action. Passenger acknowledges that inclement weather, particularly in canyon areas, may cause delays or cancellations. Passengers are responsible for their own lodging or arrangements if delays occur after drop-off.
THE COMPANY DOES NOT GUARANTEE ARRIVAL OR DEPARTURE TIMES due to factors beyond its control.
4. CANCELLATIONS AND REFUNDS
All bookings are non-refundable within 48 hours of scheduled pickup. For cancellations made 48–72 hours in advance, a partial refund may be issued at the Company’s discretion. If the Company cancels a ride due to unforeseen circumstances, it will make reasonable efforts to provide alternate transportation or issue a refund.
5. PROHIBITED CONDUCT AND ITEMS
Passenger agrees not to bring or use alcohol, illegal drugs, weapons, or any hazardous items in the vehicle. Disruptive or unsafe behavior may result in immediate termination of the ride without refund.
6. CONSENT TO MEDICAL TREATMENT
In case of a medical emergency, Passenger authorizes the Company or its agents to seek or provide medical assistance as necessary. Passenger is responsible for all related medical expenses.
7. INSURANCE DISCLAIMER
Passenger acknowledges that the Company DOES NOT PROVIDE INSURANCE COVERAGE for personal injury, lost property, or travel interruptions. Passenger is solely responsible for securing their own medical, travel, and property insurance.
The Company complies with applicable federal regulations for interstate transport (e.g., USDOT registration if required). Passenger assumes risks associated with interstate commerce, including compliance with state-specific rules (e.g., chain laws in Wyoming).
8. AGE AND CAPACITY CONFIRMATION
Passenger affirms they are at least 18 years old or, if signing on behalf of a minor, have full legal authority to do so and assume responsibility for the minor’s participation.
9. SEVERABILITY
If any provision is invalid under the laws of Utah or any other state/federal jurisdiction, the remaining provisions shall remain effective.
10. ENTIRE AGREEMENT
This Agreement constitutes the ENTIRE UNDERSTANDING between the parties and supersedes all prior agreements, whether oral or written.
11. BINDING EFFECT
This Agreement shall be binding upon Passenger and their heirs, executors, administrators, legal representatives, and assigns.
12. GOVERNING LAW
This Agreement shall be governed by the laws of the STATE OF UTAH, without regard to conflict of laws principles.
13. ACKNOWLEDGMENT OF UNDERSTANDING
Passenger affirms that they have read this Agreement, understand its terms, and sign it voluntarily. This Agreement may be signed electronically or physically and may be acknowledged per ride or per booking at the Company’s discretion.
14. INTERSTATE TRAVEL
Passenger acknowledges that services may involve travel across state lines into Idaho, Wyoming, Oregon, or other states, involving additional risks from varying road conditions, weather, and regulations. The terms of this Agreement, including the release of liability and assumption of risk, apply to all portions of the trip regardless of location, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Passenger consents to the application of Utah law where possible, but agrees that federal laws (e.g., FMCSA regulations) or the laws of the incident's state may govern certain claims.