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ROCK CLIMBING USE AGREEMENT / AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully.
It releases Alpine Endeavors, LLC and Smiley Brothers, Inc. d/b/a Mohonk Mountain House from liability and waives certain rights.

In consideration of being permitted to participate in a rock climbing experience facilitated by Alpine Endeavors, LLC (“AE”) and Smiley Brothers, Inc. d/b/a Mohonk Mountain House (“Mohonk”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):

  1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in rock climbing (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by AE and/or Mohonk, the presence of which are integral to the adventurous nature of the Activity. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below, including: unmaintained or rough trail; path and/or trail obstructions; slipping, tripping or falling (including from heights or onto roadways); variations in terrain; exposure to steep terrain; unstable or loose rock or other terrain; trail and ledge side drop-offs; being struck by or striking objects; dangerous climbing conditions or surfaces; exposed, hidden, unmarked and marked obstacles including boulders, rocks, holes, stumps, trees, tree roots, and cliffs; collisions with other trail users, cyclists, vehicles, or other Participants; collisions with natural and manmade objects and equipment on the premises; exposure to falling rock, ice, or other objects, including other participants’ equipment; exposure to poles, guy wires, utility lines, trail fences and control nets; falling trees; moving objects associated with extreme weather; wind; hail; lightening; existing, changing, or otherwise dangerous snow, ice, rock, and/or trail conditions; surfaces covered with ice and snow; surfaces covered with water or rain; temperature fluctuations; extreme or partial darkness; landslides; rock-fall; mudslides; equipment misuse, failure or malfunction; other participant’s negligence or equipment failure; Participant’s failure to wear protective gear or clothing; Participant’s failure to estimate and operate within Participant’s experience; Participant’s failure to use equipment appropriately or effectively; unsafe speed of travel for conditions or experience; exposure to unmaintained, naturally existing and artificial climbing and rappelling anchors, including “fixed” anchors such as bolts, pitons, threads, webbing, rope or chain that may fail; difficulty with route finding; lack of shelter; getting lost; overexertion; fatigue; dizziness or disorientation; exposure to poisonous plants; exposure to dangerous wildlife or insects, bee or wasp stings, tick bites, and snake bites; burns associated with hot surfaces, and sun exposure; exposure to food-borne, water-borne, vectorborne, or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19); all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal injury, sickness or disease, hypothermia, sunburn, heatstroke, dehydration, and hyponatremia; mentally or physically unstable or criminal trip participants; negligence by other participants; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; errors in guide or instructor judgment or lapse in guide or instructor skill; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein. I understand that AE done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
     
  2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
     
  3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with AE the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that all rock faces, ledges, paths, trails and roadways are provided by Mohonk in “as-is” condition. I acknowledge and agree that I am required to wear a helmet at all times in order to participate in the Activity. I understand and agree that not even wearing a helmet may protect me from serious injury or death. I understand that if I provide my own equipment, I am responsible for its maintenance and use. I acknowledge and agree that I have carefully inspected all equipment before using it and that I found all such equipment to be in good working order. I understand that I am responsible for truthfully disclosing and notifying AE of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by AE, including in any website or promotional materials, to induce me to participate in the Activity.
     
  4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for AE’s agreement to allow the Participant to participate in the Activity and my use of Mohonk’s facilities, premises and/or equipment during the Activity, I HEREBY AGREE NOT TO SUE ALPINE ENDEAVORS, LLC, and SMILEY BROTHERS, INC. d/b/a MOHONK MOUNTAIN HOUSE, their affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers, representatives, assignees, officers, directors, members, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not including gross negligence or intentional conduct).
     
  5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of, any of the released parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
     
  6. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.
     
  7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
     
  8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
     
  9. Agreement to Application of New York Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by New York law, and that the exclusive jurisdiction for any claim shall be in the Supreme Court of the State of New York, County of Ulster, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
     
  10. Miscellaneous Provisions: I agree that AE may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of AE. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement consists of the final and entire agreement between Participant, AE and Mohonk. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that AE and Mohonk are not in a joint venture, and that each of them can only be responsible for only their own actions. I agree that AE is not a common carrier.

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.

I certify that I am the person whose name appears below as the legal signatory to this Agreement. 


Date: May 11, 2024

First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

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Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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