Pursuant to Montana Code Annotated §27-1-753, BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.
In consideration of my being permitted to use the facilities of The Hi-Line Climbing Center, 608 1st Ave S, Great Falls, MT 59401 (“HLCC”), and to participate in Activities (defined below) and events sponsored in whole or in part by HLCC, and for myself, my relatives, heirs, dependents, assigns and personal representatives, I hereby make the following agreement, release, and waiver of liability (“Agreement”):
For the purposes of this Agreement, the term “Activities” means all activities, whether supervised or unsupervised, engaged in by users of HLCC’s facilities. Without limiting the generality of the preceding sentence activities may include roped climbing, traversing, bouldering, campus and hangboard training, weightlifting, strength and cardio training, fitness training, aerial dance, yoga, zumba, pilates, challenge courses, rope and rope ladder climbing, rope swings, slack-lining, dry tool ice climbing training, indoor and outdoor play activities in and on HLCC’s facilities and grounds, adaptive climbing, and rope and rescue systems training and practice.
ACKNOWLEDGMENT OF RISK AND WAIVER
As a new climber, I understand that I require orientation and/or training before participating in climbing activities in this facility. I understand the facility may require me to pass an assessment or assessments prior to allowing me to participate in certain activities. I understand that if I need additional assistance, orientation, instruction, training or assessment during my participation at the climbing facility at any future time that it is my responsibility to seek such assistance, orientation, instruction, training, or assessment from the climbing gym staff prior to using any equipment or participating in any activity for which I am not familiar, trained, or qualified. My signature indicates that I understand the information above and that the climbing gym staff has presented this information to me. I have read, reviewed, and understand the rules posted in the gym and presented by the staff. I acknowledge that there are significant risks and hazards, both known and unknown, inherent in climbing and other Activities and in the use of HLCC’s facilities. Without limiting the extent or reach of the release and waiver that I make herein, I recognize that those risks and hazards include, but are not limited to:
- All manner of injury resulting from falling and hitting the landing surfaces (including the floor), climbing walls, other structures or equipment, whether permanently or temporarily in place;
- Rope abrasion, entanglement and other injuries resulting from various Activities on or near the climbing wall including but not limited to climbing, belaying, rappelling, lowering on rope, rescue systems, and any other rope technique;
- Injuries resulting from falling climbers or dropped or detached items including but not limited to ropes, climbing hardware or holds;
- Injuries resulting from construction of the climbing walls, including failed or loose climbing holds and anchors;
- Injuries resulting from failure or misuse of ropes, slings, harnesses, climbing hardware, anchor points or any part of the climbing structure;
- Damage, injuries or death occasioned by the negligence of other users of HLCC;
- Injuries or death resulting from a violation of the safety policies of HLCC or the directions of its operators or employees;
- Cuts and abrasions resulting from skin contact with the climbing wall or floor;
- Musculoskeletal injuries, including but not limited to stress injuries;
- Personal medical situations complicated or aggravated by the Activities; and
- Injuries that occur as a result of inadequate training of those persons who may seek to assist with medical or other help before or after other injuries have occurred.
By signing this Agreement I ACCEPT FULL RESPONSIBILITY FOR MY OWN WELFARE and, to the fullest extent permitted by law, I WAIVE ANY FUTURE CLAIMS FOR LIABILITY that I may otherwise be entitled to bring against The Hi-Line Climbing Center, LLC, Abby and Brian Thompson, LLC, their respective members, managers, employees, agents, and representatives, the builders and installers of HLCC's facilities, and other climbers, volunteers, or participants in Activities at HLCC, for injury, damages or death resulting from risks and hazards inherent in my Activities at HLCC, including but not limited to those risks and hazards specifically identified above.
RELEASE AND INDEMNIFICATION
I represent that I am voluntarily using HLCC and voluntarily participating in Activities and events sponsored in whole or in part by HLCC, and with full knowledge of the significant and inherent risks and hazards involved, and for myself, my heirs, dependents, assigns and personal representatives, I ASSUME SUCH RISKS AND HEREBY WAIVE AND RELEASE HARMLESS The Hi-Line Climbing Center, LLC, and Abby and Brian Thompson, LLC, and their respective members, managers, employees, agents, and representatives, the builders and installers of HLCC's facilities, and other climbers, volunteers or participants in Activities at HLCC (collectively, the “Releasees”) from and against any and all causes of action, claims or demands of any nature whatsoever, including but not limited to claims of negligence to the fullest extent permitted by law, which I, my relatives, heirs, dependents, assigns, and personal representatives may now have or have in the future 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 HLCC and/or participation in HLCC Activities and events whether that use is supervised or unsupervised, however the injury is caused, including but not limited to the negligence of the above-named releasees (to the fullest extent permitted by law).
I ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS The Hi-Line Climbing Center, LLC, and Abby and Brian Thompson, LLC, and their respective members, managers, employees, agents, and representatives, from and against any and all causes of action, claims, demands, losses, expenses (including attorney's fees), and other costs of any nature whatsoever arising out of or in any way related to my use of HLCC and/or participation in HLCC Activities and events.
By signing this agreement I intend to release the releasees from any liability occasioned by my use of HLCC and/or participation in HLCC Activities and events. I acknowledge that the fees and dues that I have paid to HLCC to use its facilities and participate in Activities and events have been based upon all users and participants executing this and similar agreements releasing The Hi-Line Climbing Center, LLC, and Abby and Brian Thompson, LLC, from any and all liability to the fullest extent permitted by law.
I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Activities or events, or else I agree to bear the costs of such injury or damage myself.
I represent that, for my own safety and for the safety of other users of HLCC facilities, I have made myself aware of HLCC’s policies and rules and agree to abide by them and help enforce them. I recognize that the policies and rules may change from time to time and, in consideration of my continued use of HLCC facilities, I agree to abide by such changes. I hereby acknowledge that I have either received a copy of HLCC's current policies and rules or, if I am signing this Agreement away from HLCC’s facilities, I have had the opportunity to review them online at www.hilineclimbingcenter.com.
I understand that indoor climbing is not the same as outdoor climbing, and I acknowledge that I have been advised to seek qualified instruction before attempting to climb outdoors.
HLCC and other participants may photograph or videotape those participating in HLCC Activities. I agree that HLCC may use photographs and recordings of my likeness and image for any reasonable purposes including, but not limited to, marketing purposes and as evidence in any legal proceedings.
If any provision of this Agreement is held to be void or unenforceable under any law, I agree that the unlawful portion shall be deemed stricken and that all remaining provisions shall continue to be valid and binding upon me. If a provision is stricken, I agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
I further agree that this Agreement will remain in full force and effect and apply to my subsequent visits to HLCC facilities until it is revoked or modified by a subsequent written document. My future participation in HLCC Activities and events and my use of HLCC’s facilities is evidence of my continuing acceptance of the terms and conditions of this Agreement and my willingness to be bound by it.
I understand that the terms of this Agreement, Release, and Waiver of Liability are legally binding, and I certify that I am signing this document, consisting of three (3) pages, of my own free will, having carefully read it and having an understanding of its contents. I represent that I am 18 years of age or older, or that this Agreement has been reviewed and signed by my parent or court-appointed guardian.
Date: September 20, 2019