You have asked to participate in climbing activities on Soko Outfitters' climbing wall (“Climbing Activities”). All Climbing Activities have risks, and it is important that you are aware and informed of such risks. This is a legally binding contract (the “Waiver”). It must be read and signed by each participant, or by the parent or legal guardian of any individual under age of 18, prior to any Climbing Activities. Soko Outfitters wants to ensure that all participants know what to expect in advance and be informed of the potential risks associated with the climbing wall.
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL CONTRACT AND AFFECTS ANY RIGHTS YOU MAY HAVE IF YOU ARE INJURED OR OTHERWISE SUFFER DAMAGES WHILE PARTICIPATING IN CLIMBING ACTIVITIES ON THE CLIMBING WALL
In consideration of my being permitted by CW Sundiver LLC d/b/a Soko Outfitters (“Soko”) to use its climbing wall (“Climbing Wall”), and/or participate in any Climbing Activity and for other good and valuable consi deration I, agree to the following Waiver and I make the following representations:
Inherent Risks and Dangers of Climbing. I hereby acknowledge that there are inherent risks in Climbing Activities, including climbing on artificial surfaces, which cannot be eliminated. I realize that those risks include, but are not limited to: injuries resulting from the negligence of other climbers, belayers, spotters, spectators or users of the Climbing Wall, including negligence of Soko employees and agents, falls from or contact with walls or equipment, injuries resulting from rope abrasion, entanglement, and other injuries that may result from activities or other persons, including but not limited to climbing, rappelling, belaying, lowering on a rope, rescue or emergency activities, as well as injuries, abrasions, and cuts resulting from contact with other equipment and components of the Climbing Wall, injuries from falling participants or equipment, misuse or failure of equipment, holds which may have become loose or damaged, injuries or property damage resulting from hair or loose clothing getting caught in equipment, injuries resulting from personal physical and mental limits including but not limited to fatigue, chill, heat, and dizziness, which may diminish reaction time and increase risks of accident, personal strength, coordination, sense of balance, and the ability to follow or give directions while climbing, belaying, lifting, spotting, or being a spectator, and accidents which cannot be foreseen.
Acknowledgment of Additional Risks and Voluntary Participation. I acknowledge that the above list is not inclusive of all possible risks associated with the use of the Climbing Wall, and/or the sport of climbing and I agree that said list in no way limits the extent or reach of this release. I also recognize that there are both foreseeable and unforeseeable risks of injury or death that may occur from the Climbing Activities. My participation in the Climbing Activities is voluntary.
Assumption of Risk. I voluntarily agree to assume all risks of personal injury, including paralysis and death, which may occur while using the Climbing Wall and participating in
Climbing Activities including those arising as a result of Soko's negligence, or the negligence of any of Soko's owners, directors, employees or agents
Certification of Health and Agreement to Abide by Rules. I am in good health and have not any known physical limitations, which affect my use of the Climbing Wall and participation in Climbing Activities. I agree to pay attention to the state and condition of the ropes, anchors and other equipment I may use, and to advise staff members if I do any damage or notice damage or problems. I certify that I have read the posted rules, and accept responsibility for failure to abide by these rules. If Soko personnel makes a specific request of or instruction to me, I agree to comply. I understand that indoor climbing is not the same as outdoor climbing, which requires additional skills, and I agree to seek qualified instruction before attempting to climb outdoors.
Capacity. I am at least 18 years of age and otherwise legally competent to sign this Waiver or if not my parent or legal guardian is competent to sign on my behalf. This Waiver shall be effective and binding upon me and upon my assigns, heirs, representatives, guardians and administrators.
Waiver and Release. I hereby knowingly and intentionally waive, release, and discharge any and all claims or causes of action against Soko and its successors, assigns, officers, employees, volunteers, wall designers or builders, manufacturers, lessors and agents which might arise from use of the Climbing Wall and Climbing Activities (collectively "Released
Parties”). I further agree to indemnify, hold harmless and defend Soko, its successors, assigns, officers, employees, volunteers, wall designers or builders, manufacturers, lessors and agents from all liability for any such damage, injury, paralysis or death which may result.
As stated above, this Waiver shall be effective even though said loss, damage or injury results o has resulted from the negligence of Soko or the other parties released. This Waiver shall further be effective even though said loss, damage, or injury results or has resulted from the wrongful acts, omissions or breach of warranty of Soko or the other parties released.
This Waiver shall be governed by the laws of the state of Iowa. This Waiver does not purport to extend to claims for intentional or reckless misconduct, or any other liabilities that Iowa law does not permit to be excluded by agreement.
I understand that this Waiver is a contract. I expressly state that I have read, or have had sufficient opportunity to read, understand and become familiar with all its provisions and that I sign it of my own free will. I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: April 23, 2019