Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement

Transcription

1 Name: Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement I, the undersigned individual, desire to use the U ROCK ( U ROCK s.a.l.) facilities located at Rebound center, Pierre Amine Gemayel str., Jdeideh, Beirut, Lebanon (the Facility ) and/or to participate in other activities at other locations, both indoor and outdoor, that are sponsored by or involve U ROCK, including competitions and programs. In consideration of U ROCK permitting me to use the Facility and/or permitting me to participate in or observe activities, I have agreed to execute this Waiver, Release of Liability, Assumption of Risk, indemnification, and Participation Agreement (the Release ). I HEREBY ACKNOWLEDGE AND AGREE to the following: I. ASSUMPTION AND ACKNOWLEDGEMENT OF RISK I hereby acknowledge, accept and agree that the sport of rock climbing (both indoor and outdoor) and the use of U ROCK facilities, participation in U ROCK activities, and/or observation of such activities involves inherent risks. I have received full information regarding U ROCK facilities and have had the opportunity to ask any questions that I wished. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I have examined the climbing walls and have full knowledge of the nature and extent of all the risks associated with rock climbing and the use of the facilities at U ROCK including, but not limited to: all manner of injury resulting from falling off the climbing walls and hitting the floor, the climbing walls, rock faces, people or projections, whether permanently or temporarily in place; rope abrasion, entanglement and other injuries resulting from activities on or near the climbing walls such as, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques; injuries resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, wall parts, or personal effects; cuts and abrasions resulting from skin contact with the climbing walls or any other surface; failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, other climbing equipment, or any part of the climbing walls; failure to follow U ROCK employee instructions or failure to ask for information or assistance. I further acknowledge that the above list is not inclusive of all possible risks associated with the use of U ROCK facilities and rock climbing and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I confirm that I am physically and mentally capable of participating in the use of U ROCK facilities and all U ROCK activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activity or activities immediately. In order to avoid any illness, serious injury, or death, U ROCK has advised that I Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement v 1.1 1

2 consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet, nutrition alternations. I acknowledge that there are certain dangers associated with the use of or participation in activities at U ROCK other than climbing-related equipment or activities, including, but not limited to, the use of exercise equipment or participation in group exercise classes, including, but not limited to yoga classes. I understand that climbing at U ROCK on artificial climbing walls is not the same as outdoor rock climbing or on other artificial rock surfaces. I understand that the instruction I may receive from U ROCK or at U ROCK facilities is not necessarily applicable to real or other artificial rock climbing. I understand that the instruction I receive at U ROCK does not prepare me to climb without supervision. I further understand that the holds used on artificial climbing surfaces are a convenience; they are not a safety feature and they can and do break and drop. I am aware of the safety policy recommending the use of a protective helmet that could prevent permanent brain damage or other injury in the event of an accident. I understand that wearing a helmet does not eliminate the dangers associated with rock climbing but that in certain instances a helmet can reduce the risk of permanent injury or death. I am also aware it is my responsibility to provide and use a protective helmet according to manufacture specifications. I understand that U ROCK recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice. I AGREE TO ASSUME ALL RISK OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF ME NOT WEARING A HELMET. I understand that climbing gear and other equipment could become damaged or defective. I am capable of examining and assessing and am responsible for my own equipment that I use. If damage occurs to equipment belonging to U ROCK while I am using it or I otherwise become aware of damaged U ROCK equipment, I will bring it to the immediate attention of the U ROCK staff in charge so that they can evaluate the equipment. II. RELEASE AND INDEMNIFICATION I agree to accept and assume all of the risks existing in these activities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of U ROCK and others. My participation is purely voluntary and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless U ROCK s.a.l. ; its officers, owners, affiliates, agents, and employees; the landlord of U ROCK; the designers and engineers, manufacturers, installers or distributors of U ROCK s artificial climbing walls and other equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the Released Parties ), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving U ROCK, U ROCK facilities, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct. U ROCK contains a number of cameras, photographic and video, and web-cams and I consent to the use of such devices, I understand that during the use of the facility, webcams and cameras may record my activities. U ROCK reserves the right to use climber s likeness or images as well as any video or photographs recorded by the cameras, web-cams, or other devices. I hereby grant U ROCK, its affiliated entities, and their licensees the right to use my likeness or image and any/all video recorded by the cameras and web-cams for any purpose that would benefit the Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement v 1.1 2

3 industry, sport, and community. Climbers are permitted to take personal photos at the facility. Anything beyond reasonable use of photographic equipment by a participant for personal, non-commercial purposes snail require the express consent of U ROCK management. I understand and agree that U ROCK and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of U ROCK s policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate. Should U ROCK or anyone acting on its behalf, be required to incur attorney s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. III. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, AND SEVERABILITY This release shall be governed by Lebanese law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARELY WAIVE ANY RIGHT THAT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this release waiver is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of U ROCK s facilities, now or any time in the future, whether caused by U ROCK s negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by U ROCK, incurred by any claims made by me or on my behalf. TO BE SIGNED BY THE PARTICIPANT: I am at least 18 years of age and otherwise legally competent to sign this agreement. This Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. (If under the age of 18, this Release must also be signed and filled out below by the parent or legal guardian of the Minor). My participation in this activity is purely voluntary and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else 1 agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at or involving U ROCK, I may be found by a court of law to have waived my right to maintain a lawsuit against U ROCK or any of the other Released Parties on the basis of any claim from which I have released them herein. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS. Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement v 1.1 3

4 Participants Information First Name: Last Name: Middle Name: Phone: Gender: Address: Date of Birth: Emergency Contact Full Name: Phone Number: How did you hear about Driving / Walking by Facebook & Social Media Friend / Word-of-mouth Google search / maps Party / Corporate / Group event Website / Magazine / Newspaper Date Full Name Signature Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement v 1.1 4

5 TO BE SIGNED IT THE PARTICIPANT IS A MINOR: I represent that I am the parent or legal guardian of the below individual(s) and hereby consent to their use of the Facility and/or participation in activities. In consideration of U ROCK allowing the below individual(s) to participate and/or use the Facility, I acknowledge I am familiar with and consent and agree to be bound by the terms and conditions of this release. I, on behalf of myself and the below-named participant(s), hereby agree to waive and release, indemnify, hold harmless and forever discharge the Released Parties, of and from 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 said Minor ever had or may have, arising from or in any way related to such Minor s participation in activities in connection with the Released Parties, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorney s fees, including any of those brought by or on behalf of, or otherwise related to or caused by the below-named participant(s). Minor(s) information # First Name Middle Name Last Name Gender (M/F) Phone Date of Birth Parent or Guardians Information Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under is years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. By signing below, the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above. First Name: Last Name: Phone: Address: Relationship: Date of Birth: Signature: Date Full Name Signature Waiver, Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement v 1.1 5