This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of Ohio. Release of All Claims and Agreement Not to Sue As additional consideration of my application and permitting me the opportunity to participate in recreational activities and to utilize the facilities at the Mason Community Center and Mason Municipal Aquatic Center, the undersigned hereby waives, releases, discharges, saves, holds harmless, and indemnifies the City of Mason and the Mason City School District, their employees, volunteers, agents, and independent contractors, from any and all claims of whatever kind, to me, my spouse, or my dependents which may directly or indirectly arise. I hereby agree to accept any and all risk of personal injury, illness (including but not limited to COVID-19-related illness), death, or property damage and verify this statement by placing my signature below. Furthermore, by signing below for myself, my dependents, and/or my spouse, I understand this release bars claims by the undersigned’s spouse, dependents, heirs, assigns, executors, and administrators. I understand that photographs and/or videotapes of me and my family members may be taken for use in promoting the City of Mason activities and facilities in future editions of CenterPoint, in a variety of other publications, on display boards throughout City facilities and for other uses by the City of Mason. I hereby give my permission to use such photographs without compensation to me. Acknowledgment of Risk and Agreement to Participate: The sport of indoor rock climbing, bouldering wall, and inflatable Wibit presents inherent dangers and risks, both anticipated and unanticipated, including all manner of injury (both physical and emotional), paralysis, death, damage to property or to other participants, or other losses. Physical injuries may include but are not limited to: cuts, abrasions or bruising; musculoskeletal injury; head injuries; and the like. Physical injury may result from any activity involving participation with the indoor rock climbing facility, including but not limited to: contact or entanglement with climbing ropes or cables; falling and impacting the rock climbing wall, protruding holds, the floor or other surfaces and fixtures, both permanent and temporary; the jolt of the climbing rope when it catches a falling climber; falling climbers, ropes or other objects; overexertion or participation in activities beyond individual skill level, physical or mental capability; failure of equipment, including ropes, belay devices, harnesses, artificial holds, anchor points, climbing hardware, cables, or any other element of the climbing structure or any climbing equipment; any activity in or near the climbing area, including climbing, belaying, lowering on the rope, or any other climbing or ropes course activity; any neglect to follow established safety policies and procedures by any climber, belayer, spotter, spectator or any other person in or near the climbing area. Participation in the sport of indoor rock climbing does not prepare participants for the sport of outdoor rock climbing. Further education, experience, and training are necessary to prepare participants for the inherent dangers and risks associated with outdoor rock climbing, which differ from those associated with indoor climbing. Bouldering Wall Waiver: I acknowledge that the bouldering wall uses no personal protective equipment and that physical injury may result from participation in any activity using the bouldering wall including but not limited to: falling and impacting the bouldering wall, protruding holds, the floor or other surfaces and fixtures, both permanent and temporary; overexertion or participation in activities beyond individual skill level, physical, or mental capability; failure of equipment; any activity in or near the climbing area; any neglect to follow the established safety policies and procedures by any other climber, spotter, spectator, or any other person near the climbing area. Physical injury may result from any activity involving participation with the inflatable Wibit, including but not limited to: falling off and entering the water unexpectedly. Participation must pass the competency test.
PLEASE PRINT IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. November 22, 2024 |