I desire to participate in the Activities offered by Memphis Outdoor Climbing School (MOCS) at any location operated by MOCS, as described below, and to otherwise participate in or in any other way be involved for any purpose with the Activities. In consideration of being permitted to participate in the Activities, I hereby agree to all the terms of this Participant Agreement, including the RELEASE OF LIABILITY AND ASSUMPTION OF RISK included herein. I UNDERSTAND THAT CLIMBING IS DANGEROUS. By signing this document, you waive certain legal rights, including the right to sue MOCS. Activities: Activities of the club include, but are not limited to, the following: climbing on crags and other outdoor rock surfaces, including bouldering, top rope, and lead climbing; belaying and being belayed by other climbers participating in the Activities; observing other climbers and belayers at crags and other climbing locations; traveling to and from climbing locations; hiking and scrambling at crags and other climbing locations; bouldering, top rope, and lead climbing at indoor gyms during classes taught by MOCS. RISKS: I recognize and understand that there are risks, hazards, and danger in the Activities, inherent and otherwise, and that participation could result in injuries of all kinds including serious injury or death. The risks involved in the Activities include, but are not limited to: hazards in traveling to the location of an activity; hazards in parking and moving about parking and other areas in the vicinity of the facility or other activity site; falling, collision with objects, people or structures, falling onto uneven, worn, or hard landing services; being struck by other participants or objects; loose handholds or loose rock, equipment failure even if equipment is properly used; failure of the equipment supplied by the participant or by MOCS; the conduct, including negligent conduct, of other participants, coaches, and supervisors. Further, there may be other risks not known or reasonably foreseeable at this time. April 25, 2025 Assumption of Risks: My choice to participate in the Activities is knowing, voluntary, and made for my personal enjoyment. Understanding the risks and dangers, I expressly assume all risks associated with my participation in the Activities, inherent and otherwise, and whether or not described above. I understand that participation in the Activities is voluntary and that I may withdraw from participation at any time. Release of Liability and Indemnity: I, the participant, agree not to sue, and to release, discharge, and indemnify (that is, defend and pay, including costs and attorney fees) MOCS and all organizations related to MOCS, as well as its active members, participants, directors, managers, staff, and volunteers with respect to any damages, claims, liability, or cause of action arising out of any activities of the club. The obligation to indemnify includes any claim, liability, or cause of action of third parties, including other visitors, and members of my family, arising out of any visits to activities of the club. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a release party. Venue, Jurisdiction & Waiver of Jury Trial: The law of the State of Tennessee shall govern the rights and obligations of the parties to the Agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against MOCS shall be brought solely in the Circuit Court for Shelby County, Tennessee. I voluntarily waive any right I may have to a trial by jury in any action involving any released party. Photo Release: I agree that MOCS has the right to use any photograph, video, or likeness of me taken while during a club activity or at any event hosted by the club. I consent to the use of such photographs, videos, or likeness in promotional materials, videos, brochures and on the MOCS website. Medical Treatment: All MOCS instructors are certified in CPR and in wilderness emergency response. I understand and consent that they will take whatever emergency medical measures are deemed necessary within their training for the safety and health of the climber. In the event of any emergency, I authorize MOCS to secure from any licensed hospital, physician and/or medical personnel any treatment deemed necessary for me or my minor child/ward's immediate care and agree that I will be responsible for payment of any and all medical services rendered. I understand that this authorization includes transporting me or my child by ambulance if necessary to the nearest medical treatment facility if I am unable to be reached first. April 25, 2025 Other: 1. I am capable of participating in the trip activities and have no mental or physical condition that would cause me to be a danger to myself or others. 2. I understand that I am responsible for assessing the quality of any climbing or fitness gear brought by me to club activities and declare that it is in good condition for use. I understand that MOCS is not liable for any damage to, or less or theft of, equipment or personal items brought to club activities. 3. I understand that in order to participate in the activities of the club I must sign this agreement; I must complete whatever instructional program the club requires for the particular activity; and I must read and above by all of the rules posted for club participants, as well as any rules posted on the premises of MOCS activities, including Memphis Rox and Jamestown Crag. 4. I understand that I must follow the Activity rules and the instructions of coaches, chaperones, and supervisors. Failure to do so will result in dismissal from the current and future MOCS Activities. 5. In the event of an accident, I authorize MOCS to stabilize and obtain medical care, including transportation to a medical facility, for me if, in the opinion of the club coaches and supervisors, 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 MOCS, and to indemnify and hold MOCS and all organizations related to MOCS, as well as its activity members, participants, directors, managers, staff, and volunteers harmless from any consequences resulting from such care. 6. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 7. I understand that this Agreement shall remain in gforce in perpetuity from the date it is executed, and covers my participation in all club activities, including use of climbing facilities, outside climbing areas, equipment, parking, and travel. 8. If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect. 9. This Agreement shall be construed in accordance with the laws (but not the conflict of laws provisions which might invoke the laws of another jurisdiction) of the State of Tennessee and for any suit, mediation other resolution of a dispute arising under the Agreement I hereby submit to the exclusive jurisdiction of the courts of Shelby /County, Tennessee. I voluntarily waive any right I may have to a jury trial in any action under the Agreement. |
