PIVOT ADVENTURE, NONPROFIT CORPORATION ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT READ CAREFULLY BEFORE SIGNING – THIS LIMITS PIVOT’S LIABILITY. On behalf of myself and my child (collectively referred to as “I”, “my”, or “me”) have voluntarily chosen to participate in recreational activities, including but not limited to indoor and outdoor rock climbing, ropes course activities, hiking, snowshoeing, mountain biking, cross-country and downhill skiing, snowboarding, and travel associated with these activities (collectively, “the Activities”). I understand that participation in the Activities poses inherent and other risks of INJURY and DEATH. The risks associated with the Activities include, but are not limited to, falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants, including but not limited to other participants’ failure to belay properly; movement of climbing holds; equipment failures of any kind; naturally occurring hazards and dangers of all kinds; steep and uneven terrain and trail conditions including snow (surface and subsurface conditions), ice, rocks, dirt, mud, sand, vegetation, and cliffs; hazards associated with changes in weather, temperature, and lighting conditions; and other rugged terrain conditions. The risks also include hazards and dangers associated with the use of manmade structures, vehicles, materials, and equipment, including misuse, defect, failure, or inadequacy of equipment. Other risks include those associated with the use of facilities, including indoor climbing facilities; ropes course facilities; ski resorts including chairlifts, surface lifts, and other conveyances; and participating in instruction and/or special events (collectively, “use of the facilities”). Despite these risks and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I ACKNOWLEDGE AND AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with or arise out of my participation in the Activities or use of the facilities.
In consideration for being permitted to participate in the Activities and engage in use of the facilities, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Pivot Adventure, Nonprofit Corp. and all of its successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, volunteers, facility landowners, parent and subsidiary companies, and affiliated companies (collectively herein, “Pivot”) for injury or death resulting from my participation in the Activities or use of the facilities, regardless of the cause, including the alleged NEGLIGENCE of Pivot. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pivot for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my participation in the Activities or use of the facilities.
I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I or my child participate in the Activities or engage in use of the facilities with or associated with Pivot. I understand that this RELEASE OF LIABILITY will prevent me, my child, and our representatives and heirs from filing suit or making any claim for damages in the event of injury or death from my or my child’s participation in the Activities or use of the facilities. Additionally, in the event I file or my child or any legal representative files a claim or a lawsuit arising out of my or my child’s participation in the Activities or the use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pivot for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, I enter into it freely and voluntarily and agree that it is binding upon me, my child, our heirs, assigns and legal representatives.
I UNDERSTAND THAT PARTICIPANTS IN PIVOT ADVENTURE ACTIVITIES MUST HAVE MEDICAL INSURANCE. I confirm that I and/or my child is covered by medical insurance and that if that status changes I will notify Pivot Adventure immediately and cease and/or have my child cease participating in Activities until coverage is restored. I understand that I alone am responsible to decide whether I and/or my child should engage in the Activities. I confirm that the participant is physically and mentally capable of participating in the Activities, and I understand that if my or my child’s mental or physical condition changes after the execution of this agreement such that I, he or she is not capable of participating in the Activities, I am responsible to cease and/or have my child cease participating.
I acknowledge that Pivot’s representatives and/or other participants or spectators may photograph or videotape the Activities and facilities, including my or my child’s participation therein. I agree that Pivot may use these recordings in any way, including but not limited to for marketing purposes and as evidence, without compensation or restriction. I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable.
Today's Date: May 28, 2022
THIS IS A RELEASE OF LIABILITY – DO NOT SIGN UNLESS YOU AGREE TO BE BOUND BY ITS TERMS