In consideration of the risks that exist while participating in a New York City Climbing Collective event; and In consideration of my desire to participate in said activity and being given the right to participate, I the undersigned, appreciate, acknowledge, and agree that: 1. The risks associated with the activities (the “Risks”) include but are not limited to the following: - Injury that may result from falling, including but not limited to sprains, fractures, concussions, paralysis, and death;
- Injury resulting from the act of climbing and physical contact with rock or any other surface including but not limited to cuts and abrasions, inflammation, and bruising;
- Injury resulting from the action or inaction of other attendees, participants, volunteers, or instructors including but not limited to falling or dropped items, falling climbers, lack of oversight, or incomplete safety information;
- Injury resulting from failure or misuse of climbing or safety equipment, including but not limited to rope, sling, or cordage damage, belay device failure, or harness failure;
- Injury resulting from failure to follow instructions, failure to ask for assistance, or from following the instructions or advice of untrained or unqualified persons;
- Hazards associated with being outdoors and the unpredictable forces of nature including but not limited to falling and unstable rock or timber, inclement weather, extreme temperatures, and aggressive wildlife;
- Risks associated with the lack of adequate medical care immediately available or the inability to seek medical care and expertise in a timely manner; and
- Risks associated with travel to or from the event location, including but not limited to damage or injury resulting from vehicular collisions, reckless or negligent operation of a vehicle, or incidents taking place on public transit.
2. I KNOWINGLY ASSUME ALL RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, and assume full responsibility for my participation and personal safety. 3. I willingly agree to comply with the terms and conditions for participants, and follow the instructions of all qualified instructors, if present. If I observe any unusual hazard during my presence or participation, I will bring it to the attention of the nearest official immediately. 4. In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such damage. 5. I for myself, my heirs, assigns, personal representatives, or next of kin HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the New York City Climbing Collective, their affiliates, officers, members, volunteers, participants, sponsors, advertisers, partner organizations, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability, arising out of or related to any INJURY, DISABILITY, OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 6. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize New York City Climbing Collective to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION OR ATTENDANCE.
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