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. You are signing this Release on behalf of a person under the age of 18 (the “Minor Participant”). By signing this Release you forever give up all of the Minor Participant’s and your rights to recover compensation or obtain any other remedy for any injury or death to the Minor Participant, or damage to his or her property arising out of the Minor Participant’s 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. The Minor Participant is 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 the Minor Participant is 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 THE USE OF THE FACILITIES, INCLUDING THE RISK OF SERIOUS INJURIES TO THE MINOR PARTICIPANT AND/OR HIS OR HER 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 the Minor Participant falling and striking objects or individuals; the Minor Participant 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 the Minor Participant, 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 the Minor Participant may be exposed that may also result in serious injury or death to the Minor Participant or others. I understand that the Minor Participant’s use of the Facilities and any instruction or knowledge he or she may receive at Wooden Mountain is NOT SUFFICIENT to prepare the Minor Participant for the dangers and risks of indoor or outdoor climbing. I understand that Wooden Mountain strongly recommends that the Minor Participant be covered by adequate 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) the Minor Participant may suﬀer at the Facilities.
4. In addition to any fees I have paid or will pay, as lawful consideration for the Minor Participant being allowed to use the Facilities:
I, on behalf of the Minor Participant, his or her family, heirs, successors, assigns or anyone else claiming any interest by or through the Minor Participant, 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 the Minor Participant, his or her family, guardian, heirs, successors, assigns or anyone claiming any interest by or through the Minor Participant, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS OR DEATH TO THE MINOR PARTICIPANT OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF OR RELATED TO THE MINOR PARTICIPANT’S 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 the Minor Participant or others arising from or related to the Minor Participant’s use of the Facilities. I ACCEPT ALL FACILITIES, INSTRUCTION, AND ADVICE “AS IS”. I understand and explicitly agree that NEITHER THE MINOR PARTICIPANT, HIS OR HER FAMILY, GUARDIAN, HEIRS, SUCCESSORS, ASSIGNS OR ANYONE CLAIMING ANY INTEREST BY OR THROUGH THE MINOR PARTICIPANT, WILL BRING ANY LEGAL ACTION WHATSOEVER AGAINST ANY OF THE RELEASED PARTIES as a result of any damage, injury, paralysis, loss or death to the Minor Participant or damage or injury to his or her property that arises out of the Minor Participant’s use of the Facilities. ON BEHALF OF THE MINOR PARTICIPANT, AND HIS OR HER ESTATE IF HE OR SHE SHOULD DIE, I 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 THE DEATH OF THE MINOR PARTICIPANT, ANY INJURY TO THE MINOR PARTICIPANT OR HIS OR HER PROPERTY OR THROUGH THE MINOR PARTICIPANT’S ACTIONS, WHICH CLAIMS AROSE FROM OR ARE RELATED TO THE MINOR PARTICIPANT’S 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 THE MINOR PARTICIPANT’S USE OF THE FACILITIES (including, but not limited to, the negligence of the Released Parties, whether passive or active), and to assume, on behalf of the Minor Participant, 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 the Minor Participant would not be permitted to use the Facilities without a parent or guardian entering into this Release on behalf of the Minor Participant. I have signed this Release voluntarily and of my own free will. This Release contains the entire agreement between myself, as parent or legal guardian of the Minor Participant, 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, the Minor Participant, or his or her 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 signed on behalf of the Minor Participant relating to the Minor Participant’s use of the Facilities (if any). This Release shall remain in full force and eﬀect for so long as the Minor Participant lives, regardless of the end of the Minor Participant’s minority, or until the Minor Participant signs 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 the death of the Minor Participant. 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, on behalf of the Minor Participant, I grant to Wooden Mountain all right, title and interest in any photographs, images, video or audio recordings made of the Minor Participant during his or her 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 the Minor Participant’s 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 the Minor Participant, the Minor Participant’s estate, and the Minor Participant’s 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. I HEREBY CERTIFY THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT.