RELEASE AND WAIVER OF LIABILITY
WARNING: READ CAREFULLY. THIS RELEASE AND WAIVER OF LIABILITY INCLUDES A WAIVER OF LEGAL RIGHTS AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT AND DEPRIVES YOU OF THE RIGHT TO SUE FLOWSTONE CLIMBING, LLC, AND OTHER PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS CONSEQUENCES.
Flowstone Climbing, LLC (“Flowstone”), owns and operates a rock climbing facility located at 1411 West State Street, Redlands, California (the “Facility”), where guests participate in certain activities, including, without limitation, rock climbing, supporting other rock climbers, and spectating (collectively, “Activities”). In consideration of Flowstone permitting me to use the Facility, be present at the Facility, and participate in the Activities, I, for myself and my assignees, heirs, distributees, family members, guardians, representatives, and agents, hereby execute this Release and Waiver of Liability.
I hereby acknowledge and agree:
1. CONDITION. I hereby represent that: (a) I am in good health and in proper physical condition to participate in the Activities; (b) I am not and will not be under the influence of alcohol or any drug, whether legal or illegal, prescription, over-the-counter, illicit, or otherwise, which would in any way impair my ability to safely participate in the Activities; and (c) I have not been advised against said Activities by a health professional. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Activities.
2. ASSUMPTION OF RISK. I understand and acknowledge the physical and mental rigors associated with the Activities and realize that such Activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation in the Activities involves inherently dangerous risks and hazards, which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis, loss of life, loss of or damage to equipment/property, situations beyond the immediate control of Flowstone, and other undefined and unknown risks and dangers which may not be readily foreseeable (collectively, “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of other participating in Activities, or the acts, inaction, or negligence of the Released Parties (as defined below). To the fullest extent permitted by law, I hereby expressly and voluntarily assume all such Risks and responsibility for any damage, liabilities, losses, or expenses which I incur as a result of my participation in Activities. I also understand that I use at my own risk any equipment that I provide or may borrow or rent from Flowstone or any other provider and that any such equipment is provided without warranty as to its condition or suitability for its intended purpose.
3. RULES AND REGULATIONS. I agree to be familiar with and to abide by any and all rules, regulations, and laws established for the Activities, which include, without limitation, the rules of operation and warning guidelines of equipment used in said Activities, Flowstone’s rules and warnings, and local, state, and federal laws.
4. RELEASE OF LIABILITY. To the maximum extent permitted by law, I, for myself and my assignees, heirs, distributees, family members, guardians, representatives, and agents, hereby release Flowstone and its managers, members, officers, employees, affiliates, subsidiaries, independent contractors, agents, representatives, and successors (collectively, “Released Parties”) from and against all claims, losses, damages, liabilities, fines, penalties, costs and expenses (including all legal costs such as reasonable attorneys’ fees, expert costs, court costs, and settlement expenses), including, without limitation, claims for personal injury, death, or property damage, however caused and whether known or unknown, anticipated, suspected, or unsuspected, arising now or in the future (collectively “Liability”), in any way arising out of or relating to the Activities, my participation in the Activities, or my presence at the Facility. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as a result of such claim.
5. INDEMNIFICATION. To the maximum extent permitted by law, I promise and agree to indemnify, defend, and hold harmless the Released Parties from and against any and all Liability arising out of or related to the Activities, my participation in the Activities, or my presence at the Facility. I further agree that in the event of my death or disability, the terms of this Release and Waiver of Liability shall be binding on my estate, personal representative, executor, administrator, or guardian.
6. USE OF LIKENESS. I irrevocably consent to the use, display, and dissemination of my image, picture, silhouette, sound, and other reproductions of my likeness (as the same may appear in any still photograph, video, audio recording, or any other medium or format, printed and digital, whether currently existing or not, as reproduced, modified, and/or edited by Flowstone), in and in connection with the Internet, television, radio, broadcast, printed materials, or otherwise, and further consent to the advertising, exploiting, and/or publicizing of such likeness, including, without limitation, Internet, printed materials, video, television and radio advertisements, or theatrical advertisements. I hereby understand that all images, videos, and recordings of me taken in connection herewith are owned exclusively by Flowstone and I hereby release to Flowstone any and all worldwide rights I may have to such images, videos, or recordings and the use of such images, videos, or recordings in any medium, whether now existing or not, as reproduced, modified, updated, or edited from time to time.
7. GOVERNING LAW; JURISDICTION; VENUE. This Release and Waiver of Liability shall be governed by and interpreted in accordance with the laws of the State of California, excluding any choice of law provision that would apply the laws of any other jurisdiction. Any action taken to enforce this Release and Waiver of Liability shall be maintained exclusively in the Superior Court of the State of California, San Bernardino County. The parties expressly consent to the exclusive jurisdiction of said court and agree that said court shall be the proper venue for any such action.
8. ENTIRE AGREEMENT. This Release and Waiver of Liability contains the entire understanding between the parties, and supersedes any prior understanding and/or written or oral agreements between them, respecting the subject matter of this Release and Waiver of Liability. There are no representations, agreements, arrangements, or understandings, oral or written, by and between the parties relating to the subject matter of this Release and Waiver of Liability that are not fully expressed herein.
IMPORTANT: THIS RELEASE AND WAIVER OF LIABILITY RELEASES FLOWSTONE FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY ANY OF THE RELEASED PARTIES. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE AND WAIVER OF LIABILITY BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE AND WAIVER OF LIABILITY HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS RELEASE AND WAIVER OF LIABILITY. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Today's Date: November 16, 2019