RELEASE FORM ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE.
THIS IS A LEGALLY BINDING AGREEMENT. All climbers must have a signed RELEASE FORM on file with Rocks & Ropes and present a photo ID if requested. This entire form must be completed. I HEREBY AGREE AS FOLLOWS (to be signed by the user / entrant, by the parent or legal guardian of any user / entrant under age 18) 1. This agreement waives any right I have, or may have in the future, to sue Rocks and Ropes of Tucson, Inc. and Rocks and Ropes, the BLOC, Inc., its officers, agents, and employees (collectively, “Rocks & Ropes”), for any loss, damage, expense or injury to myself, including death, arising out of my use of the climbing gym, guide services, equipment or facilities of Rocks & Ropes, or my participation in activities involving Rocks & Ropes, due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF ROCKS & ROPES.
2. The sport of rock climbing and use of rock climbing equipment, whether in a natural outdoor setting or an indoor climbing gym, involve inherent risks. Safety equipment, proficiency checks, orientation, supervision and enforcement of rules by Rocks & Ropes do not guarantee my safety. I know that by participating in the sport of rock climbing, I risk injury or death from many potential causes, including but not limited to injury from:
- Climbing, falling off of or striking rock or other climbing surfaces or landing surfaces.
- Falling climbers, rocks, or dropped items such as ropes or climbing hardware.
- Failure of climbing equipment, anchors, or any part of the climbing surface.
- Hazards of trails, access roads, transport by motor vehicles.
- Contact with venomous or dangerous animals, insects or plants in outdoor areas.
- Incomplete or misheard orientation or directions from Rocks and Ropes' employees, staff, or others.
The above list does not contain all possible risks associated with climbing and does not limit my release of liability or agreement not to sue.
3. I assume the risk that I may be injured. My participation in climbing and my hiring of Rocks & Ropes is voluntary, and I elect to participate, notwithstanding the risks.
4. I will indemnify and hold Rocks & Ropes harmless for liability for property damage or personal injury, including death, to myself or any other person, arising from my utilization of personnel, facilities or equipment of Rocks & Ropes or participation in activities involving Rocks & Ropes.
5. I will indemnify and hold Rocks & Ropes harmless for attorneys’ fees, costs or expenses it may incur in enforcing this agreement or that relate in any way to my activities at or with Rocks & Ropes.
6. I will indemnify and hold Rocks & Ropes harmless in any legal action by a third party injured as a result of my utilization of the personnel, facilities or equipment of Rocks & Ropes or participation in activities involving Rocks & Ropes.
7. I have adequate insurance to cover any injury or damage I may cause or suffer while using the facility or equipment of Rocks & Ropes, or I agree to bear the costs of such injury or damage myself.
8. To my knowledge, I am in good health and have no physical limitations that would preclude my safe participation in climbing activities. I assume the risk of injury arising from any medical or physical condition I may have, whether or not I disclosed that condition to Rocks & Ropes.
9. I acknowledge that I am responsible for the safety of all personal equipment I use while participating in activities involving Rocks & Ropes, and I use all personal equipment at my own risk.
10. If any portion of this agreement is determined to be void or unenforceable by a court or jury, the remaining portions shall remain in full force and effect. I agree that if any portion is invalid or unenforceable, the amount of any recoverable damages is limited to a return of the entrance or participation fee.
I HAVE READ, UNDERSTAND AND AGREE TO OBEY THE SAFETY RULES OF ROCKS & ROPES. I HAVE HAD ALL QUESTIONS ANSWERED TO MY SATISFACTION. I HAVE READ AND AGREE TO ALL OF THE ABOVE. Date: November 6, 2024 |