2019 COLOR THE CRAG CLIMBING FESTIVAL VOLUNTARY RELEASE, WAIVER, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“Agreement”)
Instructions for Parents and Legal Guardians – Participants under the age of 18 must have this document read, initialed and signed by their own parents, or Legal Guardian. Legal Guardians may need to provide supporting documentation.
IMPORTANT: THIS IS A LEGAL DOCUMENT Please read and understand this document before signing. If you have any questions please ask us or consult an attorney. You are giving up specific legal rights by signing this contract.
Color the Crag, LLC, and other Sponsors, their Employees, Agents, Directors, Officers, Advertisers and Volunteers (hereinafter Releasee) have done everything possible to ensure that you have a rewarding experience. We wish to inform our guests that the 2019 Color the Crag Climbing Festival, to be held October 17-20, 2019 in Steele, AL at Horse Pens 40, (hereinafter The Festival) is not risk free. The same elements that contribute to the unique character and fun of the Festival such as the physical exertion, people and participants or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the some of the possible risks. We ask that you read this, sign it, and return it to our office. If you are signing as the parent or legal guardian (hereinafter “parent”) for a child (minor, someone under the age of 18) you agree to read, to have Minor read and if necessary explain to Minor the nature and terms of this agreement as well as all the risks herein and of the Festival.
EXPRESS ASSUMPTION OF THE RISK There are risks that accompany all aspects of life as well as The Festival. Some of these risks are inherent to the Festival; some are changed, increased or decreased due to the activities of The Festival. You must understand and accept all the risks of the Festival, inherent and others. By understanding these risks, you will enjoy the activity. Rock climbing like all outdoor recreation activities is hazardous. The obvious accidents that occur in rock climbing are falling while climbing. Whenever you fall climbing you may fall only a few feet or all the way to the ground. As you fall you may hit objects or the rock. If the rope breaks your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height. In addition to the hazards of falling, objects falling off the rock may hit you. Rocks, branches, climbing equipment, and even people may fall and hit you as you are standing at the base or while climbing. You will experience cuts from holding on to the rock. You may also experience rope burns from handling the rope. You may be lifted off the ground if you are belaying allowing you to fall back to the ground or be swung into a tree or rock. At all times, rock climbing, you will be dependent upon your belayer for your safety. Your belayer will be responsible for catching you should you fall. Your belayer may not be observant or may fail to catch you at the appropriate time. You have a responsibility to assist in the choice of your belayer and to make sure your belayer understands his or her duties and responsibilities as well as remaining observant. The rock to which you are holding or to which you have placed protection may break causing you to fall or causing your protection to pull out from the rock. As you climb you may pull out protection from the rock. Equipment may fail.
I acknowledge that hiking, camping, rock climbing, slack lining, rappelling and other outdoor activities (hereinafter collectively referred to as “Activity”) entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I agree to follow the rules for the Activity provided to me and to follow directions given to me by my leaders, INCLUDING USING ALL PROTECTIVE GEAR given to me by my leaders.
Releasee is not responsible for any alcohol you bring onto the premises, trip or activity. If you bring alcohol or consume alcohol on the premises or at the Festival you are responsible for yourself and those around you. Eat and drink responsibly. Travel to and from the Festival is incidental to the Festival. Accidents can occur during travel to and from the Festival site. Participants can slip or fall during a hike, resulting in injury. Poisonous or dangerous plants, insects, or animals can be found with harmful effects to some guests. Heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, outdoor, using portable toilet facilities, eating meal's out-of-doors, being in the open for the extended length of the trip can be uncomfortable or cause injury. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while the Festival. Most of these injuries are rare, and you are not likely to encounter them.
I certify that my family, including minor children and myself are fully capable of participating in the Festival. I state that I have read the above statement on some of the possible risks in this Festival. Therefore, I assume full responsibility for myself, my family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, or the negligence of Releasee. I hereby expressly consent and assume all risks of participating in the Festival for myself and my family, including the risks associated with traveling to and from the Festival. I also understand that Releasee reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Festival. My family and I are in good physical condition and able to undertake the Festival. I understand and agree that this is a voluntary activity, and I am doing so for recreational purposes and do so voluntarily. If I am a Parent, I also agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment and the undersigned participants will obey all signs, and warnings posted and to obey instructions from staff.
I acknowledge that my family, including minor children and myself are familiar with any equipment I may use, or that I will become familiar with all such equipment prior to use, including the safety recommendations and warning aspects of such equipment, and I will comply with all such safety recommendations and warnings. I ASSUME ALL RISK for myself for pertaining to the use of all equipment I may use in connection with the Event, and to the fullest extent permitted by law I HEREBY RELEASE Releasees, and each of them, for any failure or malfunction in the equipment or its inadequacy for the use I make of it.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
I agree to indemnify and hold harmless Releasee, their agents, volunteers, sponsors and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from my families or my participation in these activities for all past, present or future claims, demands, and causes of action. I agree that Releasee has a subrogation/right to indemnification for my actions based on any permit, grant, contract or agreement with third parties. I further agree to release, acquit, and covenant not to sue Releasee, their agents, and employees for all action's causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Releasee, negligence of another participant, or negligence of my family, myself, or my heirs, against Releasee arising out of participation in this program. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Color the Crag, LLC and associated parties from any and all claims, demands, or causes of action, which are in any way connected with my participation in this Activity or my use of available equipment or facilities, including any such claims which allege negligent acts or omissions of Color the Crag, LLC. I also agree not to sure or make a claim against Color the Crag, LLC or any entities acting in capacity on their behalf for death, injury, loss or harm during this Activity or in any way related to the Activity, including transportation to and from Activity and transportation to and from the property.
I acknowledge and agree (1) that it is my responsibility to cover any medical bills that I may incur and to cover myself with any medical insurance I may deem appropriate; and, (2) that I will not and cannot make any claim for medical coverage against the Releasees resulting from any injury or death incurred by me pertaining to the Event.
The Releasees shall not be liable for any loss or theft of my personal property. I will follow the Releasees’ Event rules, and I understand that my violation of a rule may be the cause for suspension or cancellation of my participation in Event activities.
I agree that in the event any court finds any of the provisions of this Agreement unenforceable, then such court shall sever such unenforceable provision to the extent necessary to enforce the remaining provisions of this Agreement.
I grant Color the Crag, LLC, and its partners and sponsors, including The North Face, a division of VF Outdoor, LLC, the perpetual and unlimited right to use and incorporate, in whole or in part, photographs or videos taken of myself and/or my child/children at the event for use in all media now or later created, including in materials and on websites and social media, for any purpose and waive all rights to royalties or other compensation for use of such photographs or videos.
I have read this document. I understand it is a release and waiver of all claims or rights to file a lawsuit or otherwise recover from Releasees. I understand I assume all risks inherent in the event and in the activities I will participate in. I have been given time to consider whether to sign this release and to review it with my own counsel and have either done so or voluntarily elected not to do so. I voluntarily sign my name showing that I accept the above provisions.