THIS IS A LEGALLY BINDING LIABILITY RELEASE, WAIVER, EXPRESS ASSUMPTION OF RISK, INDEMNIFICATION, AND COVENANT NOT TO SUE (the "Release") THAT AFFECTS YOUR and/or YOUR SPOUSE AND MINOR'S LEGAL RIGHTS.
By signing this Release I am forever giving up my rights and the rights of my spouse and/or child(ren) to sue UpTown Climbing for any injury, including paralysis or death, caused in whole or in part by the negligence or fault of UpTown Climbing, including its landlords, agents, employees, structures, and equipment.
In consideration of the services of UpTown Climbing, LLC, its landlords, agents, owners, officers, volunteers, participants, employees, contractors, clients, customers, invitees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "UPTOWN"), I hereby agree to release and discharge UPTOWN, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that both my climbing and non-climbing related activities and use of any of UPTOWN’s services or facilities at this location, all other UPTOWN locations, or any off-site locations, entails significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others, structural failures, equipment failure, improper use of equipment, falling climbers, broken and/or falling holds, loose holds, tripping hazards, head injuries, respiratory injury, injury to bones, joints, and connective tissues, as well as the negligence of myself, belayers, other participants, third parties, and employees, employers, and agents of UPTOWN.
- I expressly agree and promise to accept and assume all of the risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of UPTOWN. My participation in these activities is purely voluntary, and I elect to participate in these activities in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless UPTOWN from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of UPTOWN's equipment or facilities, including any such claims which I, my children, parents, heirs, assigns, personal representative and estate have or may have that allege negligent acts or omissions of UPTOWN. I UNDERSTAND THAT THIS RELEASE INCLUDES ALL CLAIMS AGAINST UPTOWN ARISING FROM ITS NEGLIGENCE.
- Should UPTOWN or anyone acting on its 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.
- I certify that I have adequate insurance to cover any injury or damage I or my dependent children may cause or suffer while participating in the activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition that could interfere with my safety while participating in these activities, or else I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.
- I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Louisiana, without regard to its conflict of law rules. If any lawsuit or claim is brought that arises out of or relates to my use of the facilities, I agree that jurisdiction and venue for such suit shall be in the appropriate state or federal court located in Louisiana or Baton Rouge and herby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled. If any provision of this release is held to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be amended to conform to the requirements of the law so as to be valid and enforceable, provided that such provision shall be curtailed, limited, or eliminated only to the minimum extent necessary to remove the invalidity, illegality or unenforceability and the rest of the this release shall remain in full force and effect for so long as I live or until I sign a new release. I understand and agree that the provisions of this release shall survive the termination of the release upon my death. This release my be executed in one or more counterparts each of which shall be deemed an original, and all of which together constitute one and the same release.
- I agree that electronic signatures and initials shall be accepted as original signatures and initials.
- I agree to abide by the rules of the facility.
- I understand that my or my children’s use of the facilities may be photographed and promoted by UpTown Climbing and the released parties, and in consideration for permission to use the facilities, I hereby give permission to UpTown Climbing and the released parties to use my or my children’s likeness for any purpose.
- I understand and agree that this Release is perpetual and does not expire.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my rights to maintain a lawsuit against UPTOWN for any claim that I released by signing this document. I have read and understand this release, and sign this release on behalf of myself, my estate, and my heirs.
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.
Dated: July 16, 2019