This form must be signed with NO additions, deletions or changes, for the participant to take part in the Kauai Team Challenge Inc. course activities. We want to make sure you understand the risks in Kauai Team Challenge Inc. course activities and have carefully thought through whether you want to participant.
RELEASE FORM: The Kauai Team Challenge Inc. (Herein after collectively referred to as KTC) rock climbing wall involves physical activity in an outdoor setting. It includes climbing, jumping, and other rigorous activities both known and unknown on natural and man-made structures that are on the ground or at low, medium or high distances from the ground. It is possible that you may be injured while participating in the program. We want to make sure that you understand the risks of injury before you decide to participate. It is required that you read the following very carefully, make sure you understand it and sign it before you begin the program.
- I ACKNOWLEDGE THAT THE ACTIVITIES INVOLVED IN THE USE OF ANY OF KTC’S SERVICES OR FACILITIES, AT THIS LOCATION AND ALL OTHER LOCATIONS, BOTH CLIMBING AND NON-CLIMBING RELATED, ENTAIL SIGNIFICANT RISKS, BOTH KNOWN AND UNKNOWN, WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES. SUCH RISKS INCLUDE, AMONG OTHERS, EQUIPMENT FAILURE, FALLING CLIMBERS, AND NEGLIGENCE OF BELAYERS AND OTHER PARTICIPANTS.
- I AM FULLY AWARE THAT I AM CHOOSING TO PARTICIPATE IN INCLUDES RIGOROUS PHYSICAL ACTIVITIES. I AM ALSO AWARE THAT THERE ARE RISKS OF PHYSICAL INJURY, OR HARM FROM PARTICIPATING IN THE KTC ROCK CLIMBING WALL. I VOLUNTARILY ELECT TO PARTICIPATE IN THE PROGRAM AND TO ACKNOWLEDGE THAT AT ALL TIMES; MY PARTICIPATION IS MY OWN CHOICE.
- I ASSUME THE RISKS OF INJURY OR HARM THAT COULD RESULT FROM PARTICIPATION. ON MY OWN BEHALF, AND ON BEHALF OF MY PERSONAL REPRESENTATIVES, AND HEIRS, I HEREBY FOREVER RELEASE KTC AND ALL IT’S OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND DIRECTORS, AND VOLUNTEERS FROM ALL LIABILITY FROM ANY INJURY OR HARM TO ME FROM PARTICIPATING IN THE KTC CLIMBING WALL; WHETHER THE INJURY OR HARM IS CAUSED BY THE NEGLIGENCE OF KTC OR OTHERWISE. BY SIGNING THIS DOCUMENT, I AM WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST THE ABOVE MENTIONED ON THE BASIS OF ANY CLAIM.
- SHOULD KTC OR ANYONE ACTING ON THEIR BEHALF BE REQUIRED TO INCUR ATTORNEY’S FEES AND COST TO ENFORCE THIS AGREEMENT, I AGREE TO INDEMNIFY AND HOLD THEM HARMLESS FOR ALL FEES AND COSTS.
- I AGREE TO ABIDE BY THE RULES OF KTC.
IN CONSIDERATION OF MY PARTICIPATION IN THE PALI ROCK CLIMBING WALL, BY KAUAI TEAM CHALLENGE INC. AT KUKUI GROVE CENTER DO HEREBY RELEASE AND FOREVER DISCHARGE THE KUKUI GROVE CENTER INVESTMENT GROUP INC., HEITMAN CAPITAL MANAGEMENT LLC; JONES LANG LASALLE AMERICAS, INC.; AND THEIR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACGIONS, SUITS, DAMAGE COSTS AND EXPENSES FOR ANY AND ALL PERSONAL INJURIES, LOSS OF TIME, PAIN AND SUFFERING OR PROPERTY DAMAGE ARISING OUT OF OR OCCURRING IN CONNECGTION WITH MY PARTICIPATION.
I WILL COMPLY WITH ALL APPLICABLE LAWS AND GUIDELINES IMPLETEMENTED BY THE AUTHORITIES HAVING JURISDICTION WHERE THE PROPERTY IS LOCATED AS A RESULT OF THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC. THESE LAWS AND GUIDELINES THROUGHOUT THE DURATION, INCLUDING SET UP AND TAKE DOWN.
Dated: September 17, 2021