In consideration of the services, and use of the equipment and facilities, of Ozark Climbing Gym, their agents, owners, officers, volunteers, participants, employees, directors, contractors, successors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “OCG”), I hereby agree to release, exculpate, and discharge OCG, on behalf of myself, my minor children, my heirs, assigns, personal representatives and estate as follows: All claims, damages, losses or causes of action for personal injury, emotional distress, death or property damage resulting in whole or in part from my use of the services, equipment or facilities of OCG, including without limitation, because of equipment failure, falling climbers, loose or damaged holds, bad decision maker, or negligence of other participants (collectively, the “Causes”), whether due in whole or in part to negligent acts or omissions of OCC. I further acknowledge and agree that the Causes are not an exhaustive list of the risks that I may encounter while using OCG’s services or facilities. I agree to accept and assume ALL of the risks of personal injury, death or property damage inherent in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of OCG. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to indemnify and hold harmless OCG from any and all claims, demands, damages, losses or causes of action of myself or third parties, together with attorney fees, which are in any way connected with my participation in this activity or my use of OCG’s services, equipment or facilities, whether caused or alleged to be caused in whole or in part by negligent acts or omissions of OCG. I certify that I have no medical or physical conditions that could interfere with my safety in this activity, or I am willing to assume and bear the result of all risks that may be created, directly or indirectly, by any such condition. I hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in this activity. I either have appropriate insurance, or agree to pay all costs of rescue and/or medical services as may be incurred on my behalf. I understand and agree that this document is intended to be as broad and inclusive as is permitted by Arkansas law and that if any portion thereof is held invalid, the balance shall continue in full legal force and effect. I understand and agree that the laws of the State of Arkansas shall apply to all matters relating to this document and I expressly consent to the exercise of personal jurisdiction in the State of Arkansas. OCG reserves the right to terminate my use of its services or facilities for any reason. This document shall survive said termination. I HEREBY CERTIFY THAT I AM EIGHTEEN (18) YEARS OR OLDER, I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF THE RISK AND UNDERSTAND ITS CONTENT. IF APPLICABLE, I AM THE PARENT OR LEGAL GUARDIAN WITH AUTHORITY TO SIGN AND CONSENT TO IT FOR THE PARTICIPATING MINOR. Dated: May 20, 2025 |