In Consideration of my entrance unto the premises or use of the facilities or services of “Thrashin climbing and skate park,” I undersigned person, Agree As Follows: Assumption of Risk 1. I acknowledge and understand that (A) my personal participation, in any capacity, in climbing, bouldering, cardiovascular training, skating and any other activities associated with the skate park provided by Thrashin, at its facility or elsewhere; and (B) my presence at Thrashin premises, now or in the future (collectively referred to as the “activities”) has known and unknown risks that could result in severe physical or emotional injury paralysis death or damage to myself to property or to anyone else even if I follow the instructions and rules of the thrashin. I understand that injuries of all types are a common and ordinary occurrence of Activities and that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. the risks include among other things; - Injuries from falling or jumping off bouldering walls regardless of landing surfaces
- Falls resulting in impact with the ground other climbers or climbing holds and structures,
- Falling onto uneven worn or hard landing surfaces
- Spinning loose or broken holds
- The actions of others, including the inexperience, mistakes and negligence of others, co-participants,
- The aggravation of preexisting physical or mental health conditions
- Being involved in accidents or contracting illnesses while observing or being near other climbers or skaters or people,
- Risks identified by the thrashin through rules and warnings written oral or otherwise and other foreseeable or unforeseeable events or circumstances.
2. I understand that Thrashin may require me to complete instructional training or tests for any given activity however Thrashin shall have no duty to monitor my performance of the activities 3. I agree that I will and that it is my responsibility to abide by all of the Thrashin rules and instructions whether written or oral provided now or in the future 4. I understand that I am responsible for reviewing and following the manufacturer’s instructions for my equipment assessing the condition and safety of such equipment prior to each use and in no way will the thrashing be liable for any damages caused to me or anyone else for my failure to do so 5. I represent that I have no physical or mental health conditions that would limit my ability to participate in or increase the risks associated with any activities some examples of such conditions include epilepsy diabetes heart disease and past injury surgeries I agreed to consult my physician to participating in any activity if I am unsure about my physical and mental condition to participate in the activity 6. I understand that the use of any drugs prescription or otherwise or alcohol while participating in any of the activities could increase the risks associated with the activities that the thrashing is not responsible for monitoring my use of any such substance 7. I understand that I am responsible for any children or other minors or pets I bring to thrashing premises or events I understand and acknowledge that my entry into Thrashin premises or participation in or observation of any activities or purely voluntary and expressly assume all risks associated therewith in spite of and with full knowledge of the risks This WAIVER AND RELEASE contains the entire agreement between the parties, and supercedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. Release of liability and indemnification - I, for myself, my parents, heirs, assigns, representatives, estate, and next of kin unconditionally release and discharge thrashin and any other manufacturer or distributor of equipment used by the Thrashin from all damages, claims, liabilities, or causes of action, arising out of or related to any way to my participation in activities my use of the Thrashin equipment or my present at Thrashin premises, including claims of ordinary negligence on the part of released parties
- I agree to hold harmless, defend, and idemnify the released parties from any damage, claim, liability or cause of action by third parties arising out of or related to might persist participation in any activities my use of the fronts facilities or equipment or the actions of minors or pets that accompany me to the thrashings premises
- I acknowledge that Thrashin does not have medical personnel on staff I authorize Thrashin to stabilize obtain medical care for or transfer me to medical facility or hospital if medical attention is required or I am unable to make such decisions for myself I agree to pay all costs associated with such medical care and related transportation and shall hold harmless defend and identify the front from any cost occurred relating to such actions
Facilities terms and conditions - I acknowledge that Thrashin shall not be responsible for the safekeeping, lost, or theft of or damage to my property or the property of any others at the Thrashin premises or otherwise
- I shall be liable for the responsible cost of repairs or replacement to any of Thrashin equipment or property that I or the miners or pets that accompany me damage
- I acknowledge that every participant under the age of 18 must wear a helmet to be able to use skate park facilities
- I authorize Thrashin to use store or transfer my personal information excluding any medical or financial information and likeness for any and all purposes in connection with promoting or improving the activities facility or services of thrashin or otherwise furthering the interest of thrashin I acknowledge this may include posting photos of me or my name online in publication or sales materials
- I agree that any delay or failure by Thrashin to exercise any right or remedy under this agreement will not constitute a waiver of that or any other right or remedy
- I agree that Thrashin may assign any of its rights or obligations under this agreement without my consent
- I agree that if any provision of this agreement or application of any such provision to any person or circumstance is held invalid unenforceable or illegal in the remainder of this agreement and the portion of such provision or application not held invalid unenforceable or illegal will remain in effect and enforced to the fullest extent and permitted by applicable law
- Governing law jurisdiction and waiver of jury trial I agree that this agreement shall be construed in accordance with and governed by the substantive laws of the state of Utah without reference to principles governing choice or conflicts of law in addition I agree that any action or claims arising out of or relating to any way to this agreement I submit to the exclusive jurisdiction of the third District Court for the state of Utah I voluntarily waive any right I may have to a jury trial in any sense actually their claim
- this agreement constitutes the entire agreement between thrashing and me regarding the subject matter that hereof and supersedes all previous agreements understandings and arrangements written or oral between thrashing and mean relation to such matters I agree that this agreement shall continue in effect in perpetuity to the fullest extent allowed by law so that each time I use Thrashin facility service or participate in any activity in which Thrashin is involved I shall be bound by its terms
By signing this agreement I acknowledge that among other things I am waiving certain legal rights releasing Thrashin of liability, and agreeing to a Indemnify Thrashin. (18 years and older only) |