-- READ BEFORE SIGNING --
The undersigned participant, or minor participant(s) by and through his/her/their parents or guardians (collectively the “Participant”) desires to participate in a rock climbing wall activity, scheduled to appear at Titletown Night Market throughout Summer 2022 (collectively, the "Activities"):
Participant understands and acknowledges that there are serious risks inherent in participating in the Activities, including but not limited to: the risk of exposure to communicable diseases, viruses, bacteria, or illnesses or the causes thereof (including but not limited to COVID-19 or its variants), sickness, risks of minor and serious bodily injury, including muscle strain, heart strain, permanent trauma, disability, paralysis, and/or death, and that severe social and economic losses might result.
Risks include but are not limited to: my own actions or inactions (including negligent misuse of the equipment); the actions or inactions of others participating in the Activities (for example, the swinging or falling of another person who may come in contact with me, or my own swinging or falling in which I come into contact with another person); the conditions and area in which the Activities take place including the landing area; changes in weather conditions; inadequate safety measures; fatigue, including from exceeding one’s own abilities; the failure of the equipment including but not limited to the wall or climbing apparatuses; the negligence of designers, manufacturers, or installers of the equipment; the instructions given as well as my failure to follow procedures, rules, and directions; and/or the negligence of the “Releasees” named below.
I further acknowledge that any instruction, supervision, and enforcement of rules by the “Releasees” named below do not and cannot guarantee my safety, and may be incomplete or imperfect. In addition, I fully understand that there may be other, additional risks either known or unknown to me, or not readily foreseeable at this time. The Participant has considered the risks of participation in the Activities, has obtained any medical clearance necessary to participate, and is able to participate without harm to myself or others. I further acknowledge that any equipment is provided as-is, and I will use it at my own risk.
In exchange for the permission granted to me to participate in any way in the Activities by Titletown Development, LLC (“Titletown”), the undersigned Participant accepts and assumes complete and absolute responsibility for all Risks encountered by Participant as a result of their purely voluntary participation in the Activities. The undersigned adult participant and/or minor participant(s) by and through his/her/their parent or guardian (collectively the “Participant”) agrees to release, hold harmless and indemnify Titletown, Green Bay Packers, Inc., Titletown Sportservice, Inc., Delaware North Companies, Inc., Delaware North Companies Sportservice, Inc., Odyssey Climbing Co., LLC, any instructor, facilitator, or operator of the Activity and its related equipment, and their respective employees, agents, assigns, owners, affiliates, contractors, officers, directors, sponsors, and insurers (collectively, the “Releasees”) from any actions, suits, damages, claims, or judgments that may result from any personal injury, property damage, or death which the Participant may sustain while participating in the Activities, even if the injury or damage is caused by the negligent act or omission of the Releasees or its agent. This release of liability shall be a full and final compromise and settlement of any claims for any injury or damage suffered by the Participant as a result of the Activity. Nothing in this Release shall be construed as a release, discharge, or waiver of any claim that Participant may have for reckless or intentional acts of the Releasees or their respective agents.
In addition, Participant further agrees to indemnify the Releasees, and their respective employees, agents, assigns, owners, corporate subsidiaries, affiliates and parents, officers, directors, and insurers, from any and all actions, suits, damages, claims, or judgments that may result from any personal injury or property damage which any other persons may sustain as a result of the Participant’s conduct during or relating to the Activity.
Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this Agreement, Participant hereby waives any right I or anyone on my behalf may have to a trial and agree that such dispute shall be determined by binding arbitration before three neutral American Arbitration Association arbitrators in Green Bay, Wisconsin. Each Party shall be responsible for their own costs and expenses issued in connection with the arbitration, suit or action, including attorney's fees and costs at the arbitration, suit or action and to enforce any arbitration award in court and on appeal. TITLETOWN AND PARTICIPANT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF PARTICIPANT DOES NOT CONSENT TO THIS CLAUSE, HOLDER MUST NOT PARTICIPATE IN THE ACTIVITIES. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
Participant further authorizes the Releasees and anyone authorized by them, to retouch or alter any photographs, video, audio, or other media taken of the Participant and the Participant’s property and use it, in whole or in part, with or without the Participant’s name, signature, and/or biographical information or other identification of any other fictitious or real person, in any and all media, for advertising, publicity, sales or other commercial purpose, in perpetuity, and to claim and register its copyright in same; and further, release and hold harmless the Releasees and their respective employees, directors, officers, agents, successors, and assigns from any and all liability (including but not limited to claims for invasion of privacy or defamation) arising from the use of the Participant’s photograph, video, picture, image, likeness, voice, audio, and any other media, and from any blurring, distortion or optical illusion which may occur or be produced, as well as from the use of the Participant’s name, signature, and/or biographical information; and further relinquish all right, title and interest in and to the negatives and prints and their reproduction, including the right to approve their final form, context and use.
Statement of Understanding: The undersigned has read and understands this document and enters into it on behalf of the Participant and Participant’s family, spouse, heirs, executors and assigns, and anyone acting on Participant’s behalf, including attorneys, agents, insurers and representatives. The undersigned also acknowledges that the undersigned has had sufficient time to read this document, has had the opportunity to consider the consequences of signing this Agreement, and has had an adequate opportunity to ask questions regarding this Agreement.
I HAVE CONSIDERED THAT IF THIS WAIVER OF LIABILITY WERE NOT AS BROAD AS IT IS, THE COST FOR MY PARTICIPATION IN THE ACTIVITY WOULD BE CONSIDERABLE, AND AS I DO NOT WISH TO PAY A CONSIDERABLY HIGH COST, I WAIVE THE RIGHT TO BARGAIN FOR DIFFERENT WAIVER OF LIABILITY TERMS.