PART 1. WAIVER/RELEASE/INDEMNIFICATION OF ALL CLAIMS AND COVENANT NOT TO SUE
1. NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arising out of your use of the facilities and climbing wall of the Old Town Hot Springs, now or any time in the future.
2. I HEREBY ACKNOWLEDGE AND AGREE that the sport of rock climbing and the use of the facilities of the Old Town Hot Springs Climbing Wall (hereinafter referred to as the Wall), its climbing wall and other training facilities, has inherent risks. I have full knowledge of the nature and extent of all the risks associated with rock climbing and the use of the Wall, including but not limited to:
- All manner of injury resulting from falling off the climbing wall and hitting rock faces and projections, whether permanently or temporarily in place, or the floor;
- Rope abrasion, entanglement and other injuries resulting from activities on or near the climbing wall such as, but not limited to, climbing, belaying, rappelling, lowering on rope, rescue systems, and any other rope techniques;
- Injuries resulting from falling climbers or dropped items, such as, but not limited to, ropes or climbing hardware.
- Cuts, abrasions, contusions, dislocations, torn muscles and/or ligaments, and fractured or broken bones resulting from contact with the climbing wall, climbing hardware, ropes or climbing area floor;
- Failure of ropes, slings, harnesses, climbing hardware, anchor points, or any part of the climbing wall structure. I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the Wall and that the above list in no way limits the extent or reach of this release and covenant not to use.
3. RELEASE/INDEMNIFICATION AND COVENANT NOT TO SUE. In consideration of my use of the Wall, I, the undersigned user, agree to release and on behalf of myself, my heirs, representative, executors, administrators and assigns, HEREBY DO RELEASE, the Old Town Hot Springs, its officers, agents, sponsors and employees from any cause of action, claims or demands of any nature whatsoever, including but not limited to, claims of NEGLIGENCE, which I, my heirs, representatives, executors, administrators and assigns may now have, or have in the future against the Wall on account of personal injury, property damage, death or accident of any kind, arising out of, or in any way related to my use of the Wall whether that use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the NEGLIGENCE of the Old Town Hot Springs its officers, agents, and employees.
In consideration of my use of the Wall, I, the undersigned user, agree to INDEMNIFY AND HOLD HARMLESS the Old Town Hot Springs, its officers, agents and employees from any and all causes of action, claims, demands, losses, or costs of any nature, including reasonable attorney’s fees, arising out of or in any way relating to my use of the Wall.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the Wall and that I am voluntarily assuming the risks. I understand that I will be solely responsible for any loss or damage, including death, I sustain while using the Wall and that by this agreement, I am relieving the Old Town Hot Springs of any and all liability for such loss, damage or death.
I further certify that I am in good health and that I have no physical limitations which would preclude my safe use of the facilities.
I further certify that I am of lawful age (18 years or older) and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and I certify that I am signing this agreements, after having carefully read it, of my own free will.
If under the age of 18, this release must be signed by the parent/guardian of the minor gaining access to the climbing wall.
PART 2: AGREEMENT TO FOLLOW ALL SAFETY POLICIES, RULES, REGULATIONS AND THE OLD TOWN HOT SPRINGS CODE OF CONDUCT
The Old Town Hot Springs reserves the right to deny access to the Wall and its facilities to any individual permanently or temporarily for violation of any safety policies, rules, regulations and the Old Town Hot Springs Code of Conduct or for any conduct that is viewed as unsafe, inappropriate or in violation of any local, state or federal law.
By signing below, you agree to abide by all the safety policies, rules, regulations and the Old Town Hot Springs Code of Conduct while using the Wall and other facilities. In addition, you agree to a skills assessment and to become certified by the Old Town Hot Springs before being allowed to use the Wall.
I, the undersigned user of the Old Town Hot Springs Climbing Wall, accept full responsibility for my own safety and the safety of other climbers while on the premises of the Old Town Hot Springs. I also understand that even if I am certified to use the Wall, I am still bound by the terms of this waiver, release and indemnification agreement.
CLIMBING HAS INHERENT RISKS AND CANNOT BE MADE COMPLETELY SAFE. CLIMB AT YOUR OWN RISK!
Today's Date: September 29, 2023