WAIVER OF LIABILITY AND COVENANT NOT TO SUE
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.
I desire to participate in one or more activities or programs (each individually an Activity; collectively, Activities) offered, operated, sponsored or directed by, or otherwise involving, Catalyst Sports. The Activities may involve, without limitation, rock climbing (including but not limited to climbing on artificial surfaces, outdoor instruction, and expeditions) and other recreational activities, programs, events, instruction, and classes both inside and outside. I understand that each Activity poses inherent and extreme risks. With full knowledge and understanding of these risks, and in consideration of my participation in Activities, I acknowledge and agree as follows:
1. Acknowledgement and Assumption of the Risk
Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, of the Released Parties. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise I understand and acknowledge that:
A. Medical facilities are remote, typically many hours, and in some instances, days distant. Communication and transportation are difficult and sometimes evacuations and medical care may be significantly delayed or unavailable.
B. Catalyst activities may require travel, which can be by motorized and non-motorized vehicle, watercraft and floating objects, horse, mule, aircraft, train, snowmobile, skis, snowboard, snowshoes, and on foot and by other means, over improved and unimproved roads, rugged trails and off-trail terrain, including boulder fields, frozen or partially frozen lakes, downed timber, rivers, rapids, river crossings, open water, high mountain passes, snow and ice, steep slopes and rock cliffs, including avalanche prone areas, scree and talus slopes, slippery rocks and steep crevassed glaciers. Risks associated with travel include, for example, collision with stationary or moving objects, falling, overturning, capsizing, drowning and other risks usually associated with such travel, including environmental risks.
C. Environmental risks include loose, falling and rolling rock; lightning, extreme winds, fire, exposure to intense heat and bitter cold; snow, rock and ice avalanches and mass movement of earthen material, falling timber and forces of nature, including weather which may suddenly change to extreme conditions without advance warning; flash floods, moving, deep and/or cold water; insects, snakes, and predators, including large animals. Possible injuries and illnesses include, without limitation, hypothermia, frostbite, immersion foot, high altitude illnesses, sunburn, heatstroke, thermal burns, dehydration, stomach and intestinal disorders, sprains, strains and fractures, cuts, scrapes and other wounds and trauma to the head and body, and other mild or serious conditions including permanent trauma, disability or death.
D. The above list is not inclusive of all the possible risks to which I will be subject in participating in Activities and using the Facility and that the list in no way limits the extent or reach of this Waiver of Liability and Covenant Not to Sue (this “Agreement”) or any provision of this Agreement.
E. Undersigned agrees that Participant shall use a helmet when participating in the following activities: Alpine skiing, cycling, equestrian, ice hockey, outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Released Parties. Undersigned understands that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities can expose the Participant to forces that exceed the limits of protection provided by a helmet. Undersigned agrees to assume full responsibility for complying with this paragraph and that Released Parties shall not be liable for any injury or damages resulting from Participant’s failure to use a helmet.
F. If I use equipment through Catalyst Sports, I accept for use the equipment “AS IS”, I accept responsibility for the care of the equipment during the period and agree to be responsible for the replacement at full value of any equipment that I rent but do not return or return in a damaged condition.
I VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITY OR USE OF THE FACILITY, INCLUDING BUT NOT LIMITED TO RISK OF INJURY, PARALYSIS AND DEATH. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INVOLVED.
2. Waiver of Liability and Covenant Not to Sue
I, on behalf of myself, my heirs, representatives, executors, administrators and assigns, hereby knowingly and intentionally (A) waive any and all liability of Catalyst Sports and their respective agents, successors, assigns, owners, shareholders, officers, directors, members and Personnel (each individually, a “Released Party”; collectively, “Released Parties”) for, (B) release Released Parties from, and (C) covenant not to sue Released Parties for any and all causes of action, claims, injuries, liabilities, damages or demands of any nature whatsoever, whether known or unknown, anticipated or unanticipated, which I, my heirs, representatives, executors, administrators and assigns may now have, or may have in the future against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to any activity, any occurrence or event involving Catalyst, any Released Party or any service or program related to any thereof, whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, paralysis or accident is caused. THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE OR INJURY RESULTS OR HAS RESULTED FROM THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF ANY OF THE RELEASED PARTIES.
I hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all causes of action, claims, demands, losses, damages, liabilities and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the acts or omissions of any Released Party (except for those resulting from the willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of the Facility or the services provided thereby or my participation in any Activity.
I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using the Facility or participating in Activities, subject to the risks assumed. I agree to read and abide by all rules from time to time posted in the Facility or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.
I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State in which the event is held shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.
I hereby grant to Catalyst Sports, and Catalyst Sports reserves the right to use for promotional purposes any photographs taken by Catalyst Sports during any Activity. Such images may be used in Catalyst Sports brochures, posters, website or other promotional materials without liability or payment.
I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELIEVING THE FACILITY AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH BELOW; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.
A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original.
IN WITNESS WHEREOF, this Agreement is duly executed this day of October 16, 2019.
I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY CHILD(REN) OTHERWISE MAY HAVE.