This Release of Liability Waiver and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between:
WHEREAS, Company offers indoor climbing facilities and related activities (collectively, the "Activities"); and
WHEREAS, Participant desires to participate in the Activities offered by Company.
IN LIGHT OF THE INHERENT RISKS ASSOCIATED WITH CLIMBING, and in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Acknowledgement of Risk. Participant acknowledges and understands that the Activities involve inherent risks, including but not limited to:
Participant understands that these risks cannot be eliminated and voluntarily assumes all risks associated with participation in the Activities.
2. Assumption of Risk. Participant assumes all risk of injury or property damage arising out of or in any way connected with participation in the Activities, regardless of the cause of such injury or damage.
3. Release of Liability. Participant hereby releases, discharges, and waives any and all claims, demands, losses, damages, rights of action or causes of action of any kind, known or unknown, arising out of or in any way connected with Participant's participation in the Activities, including but not limited to:
4. Waiver of Claims. Participant waives any and all rights and benefits conferred by any statute or regulation that would otherwise limit the effect of this Agreement, to the fullest extent permitted by law.
5. Medical Conditions. Participant represents and warrants that Participant is in good health and has no physical or mental limitations that would preclude safe participation in the Activities. Participant further agrees to disclose any relevant medical conditions to Company staff before participating.
6. Instruction and Supervision. Participant agrees to follow all instructions and safety rules provided by Company instructors and staff. Participant acknowledges that failure to follow instructions or engage in reckless behavior may result in injury or expulsion from the ClimbZone.
7. Use of Facilities and Equipment. Participant agrees to use the Company's facilities and equipment only for their intended purposes and in a safe and responsible manner. Participant is responsible for any damage caused by their misuse of facilities or equipment.
8. Pre-Participation Training. Participant agrees to attend a mandatory safety briefing before participating in the Activities for the first time. The briefing will cover proper climbing techniques, safety protocols, and emergency procedures.
9. Minimum Age Requirement. Participant represents and warrants that Participant is at least [Minimum Age] years old. (Modify based on your policy)
10. Equipment Rental (Optional). If Participant chooses to rent equipment from Company, Participant acknowledges that the equipment is in good working order and agrees to inspect it for any defects before use. Participant is responsible for reporting any equipment malfunctions to Company staff immediately.
11. Belay Certification (Optional). If belay certification is required for certain activities, Participant acknowledges that they have obtained the necessary certification or will complete the required training before participating.
12. Right to Refuse Participation. Company reserves the right to refuse participation in the Activities for any reason, including safety concerns, inability to meet age or height requirements, or violation of safety rules.
13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
17. Signature Requirements
Print Name:
Date:
Title:
Disclaimer: This template is for informational purposes only and should not be considered a substitute for legal advice. It's highly recommended to consult with a lawyer to ensure your ClimbZone Release of Liability Waiver and Indemnity Agreement meets all legal requirements in your jurisdiction and effectively protects your business.
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