The individual named below desires: (a) to use or be granted access to the Scrapyard Climbing Collective Climbing Facility (“Facility”) owned or operated by Scrapyard Climbing Collective LLC (“SCC”) ; (b) to participate in trips, competitions, camps, climbing courses, adventures, and/or other types of events (collectively, “Events”) which may take place at the Facility or are otherwise sponsored by or involve SCC’s members, managers, employees, agents contractors, landlords and property managers (together with SCC, collectively, “Released Parties”); and/or (c) to engage in wall climbing, bouldering, other climbing activities, sports, fitness activities, or any of the various other types of activities (collectively, “Activities”) which may take place at the Facility or are otherwise sponsored by or involve SCC or any of the other Released Parties. All references to the “Facility” throughout this Agreement include, but are not limited to: all rooms, areas, and spaces on the interior of the Facility, the exterior of the Facility, and the parking lot of the Facility. For purposes of this Agreement only, I agree that the “Events” and “Activities” commence from the time I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be. In consideration for SCC permitting me to use the Facility, to participate in the Events and/or to engage in the Activities, I have agreed to execute this Agreement.
I AGREE TO RELEASE AND WAIVE FOR MYSELF, MY SUCCESSORS AND ASSIGNS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL PAST, PRESENT, OR FUTURE INJURIES INCLUDING, BUT NOT LIMITED TO MY DEATH AND LOSSES, DAMAGES, EXPENSES, PROPERTY DAMAGE, SOCIAL LOSSES, ECONOMIC LOSSES, ACTIONS, CLAIMS, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM: (I) THE USE OF THE FACILITIES; (II) THE PARTICIPATION IN THE EVENTS SPONSORED BY OR INVOLVING ANY OF THE FACILITIES, SCC OR ANY OF THE OTHER RELEASED PARTIES; (III) THE ENGAGEMENT IN THE ACTIVITIES SPONSORED BY OR INVOLVING ANY OF THE FACILITIES, SCC OR ANY OF THE OTHER RELEASED PARTIES; (IV) THE INTERACTION WITH ANY OF THE RELEASED PARTIES; OR (V) THE PLACEMENT IN THE CARE, CUSTODY OR CONTROL OF ANY OF THE RELEASED PARTIES.
I understand that there are significant elements of risk known or unknown associated with participation in the Events and engagement in the Activities that may be sponsored by or otherwise involve the Facilities, SCC or any of the other Released Parties and I freely accept those risks. Certain risks cannot be eliminated, despite the use of safety equipment, without destroying the unique character of the Events or the Activities. The same elements that contribute to the unique character of the Events and the Activities can be causes of physical injury, emotional injury, permanent disability, death, and property damage I acknowledge that using the Facilities, participating in the Events and engaging in the Activities sponsored by or involving the Facilities, SCC or any of the other Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow SCC’s safety instructions or recommendations, such as those pertaining to Facility rules and regulations, climbing, bouldering, instructional programs, or involving my choice of equipment to use or whether or not to wear a helmet or any other safety device. My participation in using the Facilities, participating in the Events and engaging in the Activities sponsored by or involving the Facilities, is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe the conditions at the Facility are unsafe or that I am unable to participate due to physical or mental conditions, I will immediately discontinue my participation.
I AGREE TO ASSUME THE RISK OF PHYSICAL INJURY, EMOTIONAL INJURY, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE ASSOCIATED WITH THE USE OF THE FACILITIES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES
I FURTHER AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, LIABILITY, CLAIM AND EXPENSE, INCLUDING, BUT NOT LIMITED TO COSTS AND ATTORNEYS’ FEES, INCURRED BY ANY OF THE RELEASED PARTIES AS A RESULT OF MY USING THE FACILITIES, PARTICIPATING IN EVENTS, AND/OR ENGAGING IN ACTIVITIES SPONSORED BY OR INVOLVING SCC OR ANY OF THE OTHER RELEASED PARTIES.
The laws of the State of Michigan shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability of this Agreement. Further, each provision will be interpreted in such a manner to be effective and valid under applicable law, but if any provision is held to be invalid, illegal, or unenforceable, such provision will be ineffective only to the extent or such invalidity, illegality, or unenforceability without invalidating the remaining provisions. If any dispute shall arise between me and either SCC or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in one of the states where the Facility is located or where an Event or Activity took place.
This Agreement shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below-named “Participant” use a Facility, participate in an Event, and/or engage in an Activity sponsored by or involving SCC or any of the other Released Parties.
I acknowledge and agree that SCC reserves the right to use without charge or reservation any audio, photograph/video taken at the Facilities, during Events, or in connection with any of the Activities involving SCC or any of the other Released Parties in connection with SCC’ promotional materials, brochures and website that includes my likeness or voice. Whether or not any changes are made, I waive any claims I may have and release the Released Parties from any and all claims that may arise from the use or publication, including any rights to sue for defamation or violation or rights or privacy or rights of publicity.
I AM LEGALLY AUTHORIZED, AM COMPETENT, AND HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS. I ACKNOWLEDGE I HAVE THE RIGHT TO CONSULT WITH LEGAL COUNSEL PRIOR TO SIGNING.
Today's Date: September 20, 2019