Waiver of Liability and Assumption of Risk
The individual named below (referred to as “I” or “me”) desires to participate in the Skyline Climb (the “Ropes Course”) provided by the Margaret Woodbury Strong Museum (“The Strong”).
ASSUMPTION OF RISK: I am aware and understand that participation in the Ropes Course is dangerous and involves the risk of serious injury and/or death and/or property damage. I acknowledge that any injuries that I sustain may be compounded by difficulty in emergency response or rescue operations. Knowing the dangers, hazards, and risks of participating in the Ropes Course, and in consideration of being permitted and/or the minor(s) named below being permitted to visit The Strong, I, on my own behalf, or in my legal capacity as the parent/guardian of the minor(s) named below, hereby choose to accept these dangers, hazards, and risks for myself and/or the minor(s) in order to participate in the Ropes Course. Participation in the Ropes Course is of such value to me and/or to the minor(s) named below that I accept the risk of death, injury and/or property damage in order to participate in the Ropes Course.
WAIVER OF LAWSUIT/LIABILITY: I, on behalf of myself, my heirs, representatives, executors, administrators, and assigns, and, where applicable, in my legal capacity as the parent/guardian of the minor(s) named below, hereby forever release and waive the right to bring suit against The Strong or its owners, officers, directors, managers, officials, trustees, agents, employees, volunteers, or other representatives in connection with or attributable to my participation in the Ropes Course. I understand that this waiver means I and, where applicable, the minor[s] named below, give up the right to bring any claims, demands, or causes of action whatsoever, including but not limited to for injury, death and/or property damage, or any other loss, including but not limited to claims of negligence, and give up any claim to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of New York will apply to this contract. If any term or provision of this contract shall be held illegal, unenforceable, or in conflict with any law governing this contract, the validity of the remaining portions shall not be affected thereby. Each party hereto expressly consents, with respect to any litigation arising out of or related to this contract, to the exclusive jurisdiction and venue of any court of competent jurisdiction located in Monroe County, New York, and waives the right and hereby agrees not to assert by way of motion, as a defense or otherwise in any proceeding brought in any such court, any claim that it is not subject to the jurisdiction of such court, that such proceeding is brought in an inconvenient forum or that the venue of such proceeding is improper.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
I FULLY UNDERSTAND THAT THE MAX WEIGHT CAPACITY FOR A PARTICIPANT IS LESS THAN 300 LBS AND HEIGHT IS 48" TO 6'8" FOR THE SKYLINE: HIGH RISE. HEIGHT IS UNDER 48" FOR THE SKYLINE: LOW RISE: