Red River Gorge Climbers’ Coalition, Inc.
Acknowledgement, Waiver & Release from Liability Agreement
NOTICE: THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO BRING A COURT ACTION TO RECOVER COMPENSTION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO YOURSELF OR YOUR PROPERTY.
The individual entering into this Release with the Red River Gorge Climbers' Coalition, Inc. ("RRGCC"), and the Access Fund, desires to be present on the property known as the Pendergrass-Murray Recreational Preserve (hereinafter collectively known as “PMRP”), the Miller Fork Recreational Preserve (hereinafter collectively known as “MFRP”), the Bald Rock Recreational Preserve (hereinafter collectively known as "BRRP" and/or any other property owned by the RRGCC. In consideration for the RRGCC and the Access Fund permitting me to be present on the PMRP, MFRP, BRRP, and/or any other property owned by the RRGCC, I have agreed to execute this Acknowledgement, Waiver & Release and further, more particularly, agree as follows:
ACKNOWLEDGEMENT: I acknowledge and am thoroughly aware that there are significant inherent of risks and hazards associated with rock climbing, bouldering, rappelling, hiking, mountain biking, bicycling, camping and all other outdoor recreational activities or being a spectator of these activities (hereinafter collectively known as “Outdoor Activities”). I FULLY ACKNOWLEDGE AND UNDERSTAND THAT THE DANGERS AND RISKS INHERENT IN THESE OUTDOOR ACTIVITIESINCLUDE PERMANENT PARALYSIS AND DEATH OR OTHER INJURY. I further acknowledge that the nature and extent of the risks and hazards inherent Outdoor Activities and my pursuit of these activities on the PMRP, MFRP, BRRP, and/or any other property owned by the RRGCC include, but are not limited to:
1. Injuries or death resulting from falling and crashing into rock walls, rocks, trees, the ground or other obstacles while climbing or bicycling;
2. Injuries or death resulting from rope entanglement, rescue or emergency activities that may result from activities or other persons, including, but not limited to, climbing, belaying, rappelling, ascending or bicycling as well as injuries, abrasions or cuts resulting from contact with rock walls, rocks, trees or equipment;
3. Injuries or death resulting from falling climbers or falling or dropped items, including, but not limited to, rocks, ropes, climbing hardware, trees or other debris;
4. Injuries or death resulting from any equipment failures, including, but not limited to, failures of ropes, slings, climbing harnesses, bolts, bolt hangers, fixed anchor points, bike chains, bike frames, bike brakes or any other climbing or bicycling equipment;
5. Injuries or death resulting from improperly placed or faulty climbing protection, improperly tied knots, improperly buckled harnesses, failure to wear a climbing or bicycling helmet or improper rope, belay, rope ascending or rope descending techniques.
6. Injuries or death resulting from plants, insects, or animals, including, but not limited to, poisonous plants, snakes, or insects;
7. Injuries or death resulting from my own negligence or the negligence of other climbers, bicyclists, participants, spectators or users of the PMRP, BRRP or MFRP, including, but not limited to, belayers, spotters, professional guides, youth team leaders, scout leaders or school group leaders.
8. Injuries or death resulting from personal physical and mental limits, including, but not limited to, fatigue, chill and/or dizziness, personal strength, coordination, sense of balance, which may diminish reaction time and increase risks of accident and ability to follow or give directions while climbing, belaying, lifting, spotting or being a spectator.
9. Injuries or death resulting from not following proper and customary personal safety procedures and the Rules of the PMRP, BRRP, and MFRP which form a part of this agreement;
I acknowledge that the above list of injuries, dangers, hazards, and risks are described by way of example only, and are not inclusive of all possible risks associated with my presence on the PMRP, MFRP, BRRP, and/or any other property owned by the RRGCC and that other unknown and unanticipated risks may result in injury, illness or death. I acknowledge that the above list of injuries, dangers, hazards, and risks are not limited to the activities described but may also occur while walking or hiking on any of the trails or walking, biking, or driving on any of the roads; and or making any use of the PMRP, MFRP, BRRP, and/or any other property owned by the RRGCC. I acknowledge that the roads, hiking trails biking trails, bridges, bolts, bolt hangers, fixed anchor routes are NOT MAINTAINED by the RRGCC. I further acknowledge and agree that there are hidden or obvious, natural or unnatural, DANGEROUS conditions on the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC and that the RRGCC has NO DUTY TO INFORM ME OF THESE CONDITIONS. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE AND APPRECIATION OF THE DANGERS AND RISKS INVOLVED.
HELMETS: I further acknowledge on behalf of myself and on behalf of any minor children for which I am responsible that wearing a UIAA approved helmet may help prevent head injuries. I acknowledge that by not wearing a safety helmet, I/we refuse this safety precaution.
RELEASE, ASSUMPTION OF RISK AND RESPONSIBILITY: In consideration of my being allowed to enter upon the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC, and in recognition of the inherent risks of my outdoor activities, I and/or on behalf of any minor children for which I am responsible, knowingly and intentionally agree on behalf of myself, my/our heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me, or on my behalf hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY, RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE the Red River Gorge Climbers’ Coalition (aka RRGCC) and the Access Fund, their officers, board of directors, members, agents, volunteers, employees, assigns or all persons or entities with a property interest, vested or unvested in the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC, all persons who have established rock climbing routes, hiking trails, mountain biking trails, and any other users (collectively referred to as “Released Parties”), from any and all actions, suits, claims, damages, and liability (INCLUDING ATTORNEY FEES OR COSTS) or demands, obligations and/or causes of action of any nature whatsoever which I/we or, my/our heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me may have against the RRGCC, its officers, board of directors, members, agents, volunteers, employees assigns or all other Released Parties on account of any personal injury, property damage, death or accident of any kind arising out of or in any way connected with my entrance onto the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC, whether my/our entrance is supervised or unsupervised and I/we agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my/our actions. This release shall be effective even though said loss, damage, injury, paralysis, loss, or death results or has resulted from the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of the RRGCC or the other Released Parties.
I further certify, acknowledge and agree on behalf of myself and/or any minor children for which I am responsible that:I am (we are) physically and mentally capable of participating in the activity;
I/we assume responsibility for and voluntarily assume the risks for any personal injury, death and related expenses involved with this activity;
I/we assume responsibility for damage to my/our personal property;
I/we assume the risks for accidents or injury caused by the negligence of my/our belayer or spotter; and
Should the RRGCC 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 fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself.
Signature of Participant or of Parent(s) (or Legal Court Appointed Guardian):
RULES OF THE PMRP, BRRP, and MFRP
The following are the Rules of the PMRP, BRRP, and MFRP. They are not all inclusive, and the user of the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC recognizes that they have responsibility to conduct themselves and any and all persons under their control or supervision, including minor children, in a proper, courteous and safe manner during all times they are on the PMRP, MFRP, BRRP and/or any other property owned by the RRGCC.
Climbing and mountain biking are dangerous activities and should always be taken seriously. The RRGCC assumes no liability for your safety and personal property while visiting the PMRP, BRRP, or MFRP. You climb, bike, and recreate on the PMRP, BRRP, or MFRP at your own risk.
Before climbing, mountain biking, or otherwise recreating at the PMRP, BRRP, or MFRP you must read, initial, and sign a liability waiver. These are available at kiosks or on the rrgcc.org website. Rules and guidelines for the Preserve are as follows:
- Please climb responsibly and follow “Leave No Trace” practices.
- Please remove all refuse and bury human waste.
- All dogs must be leashed or under control of their owners.
- Stay off all tagged projects and do not touch or use any project ropes, draws, or other gear.
- Stay on established trails and do not mark or damage trees or other vegetation. RRGCC authorization is required prior to the establishment of any new crags or trails.
- Before establishing any new routes at the Preserve, please send an e-mail to email@example.com s so that you can coordinate your activities with the PMRP, BRRP, or MFRP Property Manager and the RRGCC’s overall plans for development at the Preserve.
- No hunting, trapping, digging for archaeological artifacts, or operation of motorized vehicles off established roads is permitted.
- No open fires are permitted due to the oil extraction activity in the area and the enormous threat a forest fire in a region of numerous oil wells would pose.
- Overnight camping (no long-term camping) is permitted as long as it is not in a climbing area, along a trail, or near any oil equipment.
I have carefully read, understood and agreed on behalf of myself and/or on behalf of any minor children for whom I am responsible to the above Rules of the PMRP, BRRP, or MFRP.
Signature of Participant or of Parent(s) (or Legal Court Appointed Guardian):