THIS IS A LEGALLY BINDING LIABILITY WAIVER, RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNIFICATION, AND COVENANT NOT TO SUE (this “Release”) THAT AFFECTS YOUR LEGAL RIGHTS. By signing this Release you forever give up all your rights to recover compensation or obtain any other remedy for any injury or damage to yourself or your property or for your death arising out of your use of Wooden Mountain’s facilities, located at 1503 Taurus Court, Loveland, Colorado 80537.
1. I hereby affirm that I have carefully read this Release in its entirety. By my signature below and by my initialing of each of the following paragraphs, I agree to each and every term and condition of this Release.
2. I am voluntarily using the climbing, bouldering, and training facilities at Wooden Mountain. “Facilities” means everything on Wooden Mountain’s premises that has been built, installed or established to allow individuals to boulder or climb or train in any way related to bouldering or climbing. I swear that I am physically fit and competent to use the Facilities, and that all of my questions regarding the Facilities have been answered to my satisfaction.
3. I UNDERSTAND THAT THERE ARE DANGERS AND RISKS (BOTH APPARENT AND UNANTICIPATED) INHERENT IN MY USE OF THE FACILITIES, INCLUDING THE RISK OF SERIOUS INJURIES TO MY PERSON AND/OR PROPERTY, PARALYSIS, AND/OR DEATH. I understand that the hazards and risks of using the Facilities include, but are not limited to the following: injuries arising from my falling and striking objects or individuals; my being struck by falling individuals or objects; failure of any part or all of the structure of the climbing walls, flooring system, or slackline; defective, worn, uneven, or separated flooring or additional pads; hazards created by additional pads; failure of any hardware used in the climbing walls or used to attach the climbing holds, anchors or ropes to the climbing walls; head injuries; injured, sprained or broken bones; tendonitis, bursitis or other connective tissue or overuse injuries; respiratory illness or injury; injury due to the negligence of myself, employees or agents of Wooden Mountain, LLC, a Colorado limited liability company (“Wooden Mountain”) and/or any other individuals. I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other known and unknown hazards and risks inherent in using the Facilities to which I may be exposed that may also result in serious injury or death to myself or others. I understand that my use of the Facilities and any instruction or knowledge I receive at Wooden Mountain is NOT SUFFICIENT to prepare me for the dangers and risks of indoor or outdoor climbing. I understand that Wooden Mountain strongly recommends that I have adequate Page 2 of 5 medical and life insurance and I agree that I am solely responsible for all costs and expenses arising out of or related to any injury (including paralysis or death) I suffer at the Facilities.
4. In addition to any fees I have paid or will pay, as lawful consideration for my being allowed to use the Facilities: I, on behalf of myself, my family, heirs, successors, assigns or anyone else claiming any interest through me, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY, AND AGREE TO HOLD HARMLESS Wooden Mountain, and all their employees, guides, volunteers, managers, members, officers, directors, consultants, contractors, assigns, and agents (collectively referred to as the “Released Parties”) FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, LIABILITY, AND LOSS (INCLUDING ATTORNEY FEES AND COSTS), that I, my family, heirs, successors, assigns or anyone claiming any interest through me, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF OR RELATED TO MY USE OF THE FACILITIES, whether such damage, injury, paralysis, loss or death results from NEGLIGENCE of any of the Released Parties or from some other cause.
I hereby PERSONALLY ASSUME ALL RISKS and accept full responsibility for any and all damage, injury, paralysis or death to myself or others arising from or related to my use of the Facilities. I ACCEPT ALL FACILITIES, INSTRUCTION, AND ADVICE “AS IS”. I understand and explicitly agree that NEITHER I, MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS OR ANYONE CLAIMING ANY INTEREST THROUGH ME, WILL BRING ANY LEGAL ACTION WHATSOEVER AGAINST ANY OF THE RELEASED PARTIES as a result of any damage, injury, paralysis, loss or death to myself or my property that arises out of my use of the Facilities. I, AND MY ESTATE IF I DIE, HEREBY HOLD HARMLESS AND INDEMNIFY ALL OF THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, INCLUDING ATTORNEY FEES AND COSTS, WHICH MAY BE BROUGHT AGAINST ANY OR ALL OF THE RELEASED PARTIES BY ANYONE CLAIMING TO HAVE BEEN INJURED AS A RESULT OF MY DEATH, ANY INJURY TO ME OR MY PROPERTY OR THROUGH MY ACTIONS, WHICH CLAIMS AROSE FROM OR ARE RELATED TO MY USE OF THE FACILITIES.
5. By signing this document, IT IS MY INTENT TO RELEASE, WAIVE, HOLD HARMLESS, AND INDEMNIFY ALL OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH MY USE OF THE FACILITIES (including, but not limited to, the negligence of the Released Parties, whether passive or active), and to personally assume all risk of injury or death. I understand and agree that the terms of this Release are legally binding and not a mere recital and understand that I would not be permitted to use the Facilities without entering this Release. I have signed this Release voluntarily and of my own free will. This Release contains the entire agreement between myself and Wooden Mountain regarding the subject matter of this Release, and no verbal representations or statements have been made to me that change, alter or modify any part of this Release.
6. This Release shall be governed by and interpreted under the laws of the State of Colorado, without regard to its conflict of laws provisions. 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 District Court in Larimer County, Colorado, and hereby 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 this Release shall remain in full force and effect. This Release supersedes all prior Releases that I have signed relating to my use of the Facilities (if any). 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, specifically including Sections 3, 4, 5, and 8 shall survive the termination of this Release upon my death. This Release may 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.
7. In consideration for permission to use the Facilities, I grant to Wooden Mountain all right, title and interest in any photographs, images, video or audio recordings made of me during my use of the Facilities, and expressly grant Wooden Mountain the right to retain or publish them for any purpose whatsoever.
8. I agree to indemnify and hold harmless Wooden Mountain from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while using the Facilities. 9. 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.