I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Mountaineering, Rock Climbing and Hiking activities, transportation of equipment related to the activities, and traveling to and from activity sites.
In consideration of the services provided by Rock Climb Every Day, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "RCED"), I hereby agree to release, indemnify, and discharge RCED, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that rock climbing, hiking, and related activities entail both known and unanticipated risks that could result in injury, paralysis, death, or damage to myself, to property, or to third parties. Injury can include both physical and emotional damage. I understand that such risks cannot simply be eliminated without jeopardizing the essential qualities of the activities.
Such risks include, but are not limited to: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall or other objects dislodged or discarded from above; the use and potential or actual failure of climbing ropes and equipment; the risk of falling off the rock; the risk of exposure to insect bites; equipment malfunction; and the risk of cold including hypothermia. Despite the best judgment of RCED employees and other persons involved in the activities, there is also the potential of injury resulting from: my own or others ignorance of my physical condition and limitations; the physical exertion associated with this activity; forces of nature, including lightning and rapid weather changes; and the misunderstandings or incompleteness of warnings or instructions.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RCED from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RCED's equipment or facilities, including any such claims which allege negligent acts or omissions of RCED.
4. Should RCED or any of their agents, owners, officers, volunteers, participants, employees or anyone acting on their behalf, be required to incur attorney's fees and costs in order to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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 myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event I file a lawsuit against RCED, I voluntarily agree to litigate only in a court in the state of California. I further agree that the substantive law of California shall apply in that action without regard to the conflict of law rules of that state.
7. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By participating in RCED activities I am asserting and reaffirming that I am of least 18 years of age and am legally bound by my actions and decisions. If I am not 18, my legal guardian is at least 18 years of age and is aware of my participation in RCED activities and takes full responsibility for all my actions during my involvement in these activities, including the signing of this document.
I understand that the RCED may, from time to time, take photographic, digital or video images of event participants for advertising purposes. You hereby agree to allow RCED to use such images for that purpose without expectation of privacy or remuneration.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity I may be found by a court of law to have waived my right to maintain a lawsuit against RCED on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. The terms have not been misrepresented to me. Signing the agreement is completely voluntary and I have not been coerced, forced or intimidated into signing.
Dated: February 28, 2024