PARTICIPANT ASSUMES ALL RISK; INDEMNIFIES THE SYNERGY PROJECT LLC; MAKES A COVENANT NOT TO SUE.
In consideration of the services of The Synergy Project LLC (sometimes doing business as Synergy Climbing or Synergy Climbing Team), their agents, employees, and anyone acting on their behalf, I hereby agree to release, indemnify, and discharge The Synergy Project LLC on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I have voluntarily chosen to engage in climbing activities and also, if participating in a trip or camp organized by The Synergy Project LLC, to be transported within a vehicle leased or owned by The Synergy Project LLC. I understand that engaging in these activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated.
These risks include, but are by no means limited to: slips and falls; rope burns; pinches, scrapes, jolts, and bumps, cuts and abrasions; infections resulting from cuts or abrasions; impacts from objects or ropes dislodged, thrown, or caused to fall from above; omissions or negligence of The Synergy Project LLC or its employees; the negligence of other participants or persons who may be present, and the effects of physical exertion. When climbing outdoors, additional risks include: wind, rain, lightning; risk of heat- and cold-related illnesses, sunburn, dehydration; and exposure to potentially dangerous animals, insect bites or hazardous plants.
2. I acknowledge that The Synergy Project LLC employees and owners are not infallible. They might act negligently when acting as instructor or driver (if relevant). They might misjudge environmental conditions, my fitness, or my abilities. They might give incomplete warnings or instructions, and any equipment being used might malfunction.
3. I expressly agree and promise to accept and assume all of the risks associated with climbing, and when joining a climbing camp or trip, being transported in a vehicle, including the risks above mentioned and any others unknown to me. My participation in these activities is purely voluntary.
4. I agree that in the event of an emergency, if I should be unavailable, unconscious or otherwise unable to make medical decisions for myself or any minors in my charge, I hereby grant The Synergy Project LLC and its employees or agents permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary for my well-being, or the well-being of any minor. This includes permission for emergency transport to a medical facility. I fully release The Synergy Project LLC, its employees and agents, from any liability in connection with those decisions.
5. I certify that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or else I agree to bear the costs of such injury or damage myself.
6. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless The Synergy Project LLC or anyone acting on their behalf from any and all claims, demands, or causes of action, which are in any way connected with my participation in climbing, my transportation within a vehicle, or my use of The Synergy Project LLC equipment or the equipment of The Synergy Project LLC's employees, including any such claims which allege negligent acts or omissions of The Synergy Project LLC or their employees whether arising through participation in climbing activities or transportation within a vehicle.
7. I agree to indemnify and hold harmless The Synergy Project LLC, or anyone acting on their behalf, for any attorney’s fees and costs incurred to enforce this agreement.
8. In the event that I file a lawsuit against The Synergy Project LLC, I agree to do so solely in the state of Tennessee, and I further agree that the substantive law of that state shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against The Synergy Project LLC on the basis of any claim from which I have released them herein.
I have read and understood this agreement; I am legally competent to sign it and be bound by its terms.