READ BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration for Goat Fort LLC, and their affiliates, members, directors, officers, agents, employees, volunteers, and independent contractors (collectively, “GF Climbing”) allowing me to participate in climbing, including, but not limited to use of roped climbing and bouldering areas, including apparatus at GF Climbing climbing facilities, gear demonstrations, clinics, training, or other fitness classes, the rental or borrowing of equipment from GF Climbing, or any other activities offered by or involving GF Climbing, whether at GF Climbing facility or elsewhere (collectively “GF Activities”), the undersigned hereby understands, acknowledges, and agrees as follows:
- I am capable of understanding the terms of this Agreement and the risks associated with GF Activities.
- I recognize and understand that there are risks, hazards and danger in GF Activities, whether inherent or not, and participation could result in injuries of all kinds, including serious injury or death. The risks involved in GF Activities include, but are not limited to: falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces, being struck by other participants or objects, loose handholds, equipment failure even if the equipment is properly used, the actions or negligence of other participants or instructors, the aggravation of pre-existing conditions, and other risks inherent in GF Activities. I understand that my participation in GF Activities is voluntary and that I have the right to terminate my participation at any time. I acknowledge that I am capable of participating in GF Activities and do not suffer from any health problems that would inhibit my participation.
- ASSUMPTION OF RISK: Understanding these risks and dangers, I nevertheless EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH GF Activities, inherent and otherwise, and whether or not described above. I further agree to observe and comply with all rules and regulations prescribed by GF Climbing for GF Activities.
- RELEASE OF LIABILITY: Additionally, I for myself, heirs, assigns, representatives and next of kin, unconditionally release and discharge GF Climbing from any damages, claims, liability, or causes of action, whether known or unknown, arising out of my participation in GF Activities, including claims of ordinary negligence. Furthermore, I hereby agree to indemnify GF Climbing from any claim, liability, or cause of action by third parties arising out of my participation in GF Activities.
- I understand that I am responsible for assessing the quality of my own climbing gear I bring to GF Climbing facilities and that it is in good shape for use. I understand that GF Climbing is not liable for any lost or stolen equipment or personal items I bring to GF Climbing facilities.
- I understand that in order to participate in GF Activities I must complete all of the following: (1) sign this agreement; (2) complete whatever instructional program GF Climbing requires for the particular activity; and (3) read and abide by the Rules and Regulations prescribed by GF Climbing.
- In the event of an accident, I authorize GF Climbing to stabilize, obtain medical care for, or transport me to a medical facility if, in the opinion of GF Climbing, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of GF Climbing, and to indemnify and hold GF Climbing harmless from any consequences resulting from such care.
- GF Climbing is hereby authorized to take photos and video of me in connection to my participation in GF Activities and has permission to use my name and likeness, without compensation, for marketing and other promotional purposes.
- Should it be necessary for GF Climbing, to incur attorney’s fees and costs to enforce this agreement, I agree to pay GF Climbing reasonable attorney fees, and costs and expenses incurred.
- I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my participation in all GF Activities, regardless of when or where the activity takes place.
- If any provision of this Agreement is held invalid, the remaining provisions shall survive and continue in full force and effect.
- VENUE, JURISDICTION AND WAIVER OF JURY TRIAL: This Agreement shall be construed in accordance with the laws of the State of Pennsylvania, and for any dispute arising under this agreement I hereby submit to the exclusive jurisdiction of the courts of Warren County, Pennsylvania. I voluntarily waive any rights I may have to a jury trial in any action under this Agreement.
I have carefully read, understand, and voluntarily sign this acknowledgment and assumption of risks, release of liability and indemnity agreement.
I received an orientation and am aware of the facility rules and youth supervision policies.
Today's Date: October 27, 2020