In consideration of the services of Nice Ice, 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 "NI"), I hereby agree to release, indemnify, and discharge NI and the Taylor Family, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in ice climbing(waterfalls or man made ice), and ANY activity I do with NI entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. NO masks will be worn by staff for the China Virus and will not be required to be worn by our guests.
The risks include, among other things: the hazards of walking on uneven terrain; slips and falls; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; being struck by rock/ice fall or other objects dislodged or thrown from above; the use of ropes and equipment; the forces of nature, including lightning and rapid weather changes; the risk of falling off the rock/ice; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; my own physical condition, and the physical exertion associated with this activity. NI does not carry nor provide any insurance for the participant.
Furthermore, NI staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
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 NIfrom 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 NI's equipment or facilities,including any such claims which allege negligent acts or omissions of NI.
4. Should NI or anyone acting on their behalf, be required to incur attorney's fees and costs 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. I also understand the NO insurance coverage for injury or liability will be provided to me by NI. I also certify that I am of good physical health and strength to participate in these activities.
6. 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 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 NI 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.
Participant hereby grants to the Host(NI), its representatives, and employees the right to take photographs and video of Participant in connection with Participants participation in the Programs. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host(NI) may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.