BASECAMP OURAY EQUIPMENT RENTAL RISK AGREEMENT Read thoroughly prior to signing and please ask questions if you do not understand any aspect of this Agreement. Basecamp Bouldering, LLC provides the following information and warnings to all prospective participants in climbing activities renting climbing equipment owned by Basecamp Ouray, LLC: 1. Climbing outdoors in rocky, icy, and mountainous terrain is an inherently dangerous sport. The equipment being provided is used for inherently dangerous activities. 2. Basecamp Bouldering, LLC, its employees, management, and agents do not, and cannot, guarantee your safety when using equipment belonging to Basecamp Ouray, LLC. 3. Risks include equipment failures, whether the equipment is used as intended or used in a manner not consistent with or in compliance with safety instructions and precautions common to the sport. Possible equipment failures can include materials tearing, parts breaking, fixed equipment and terrain failing in climbing and Via Ferrata areas. Equipment failures can result in injuries from falling, jumping, or otherwise abruptly leaving the climbing path, whether unintentionally, intentionally, or through negligence, as well as injuries from rockfall, icefall, rockslides, disturbance or movement of rocks, dirt, trees, or other natural terrain elements which may fall onto a climber or fall away in a manner that leaves the climber with no foothold or handhold. These injuries can include PERMANENT INJURY, PARALYSIS, DISABILITY, or DEATH. In consideration of being allowed to rent and use equipment for climbing, Via Ferrata, and bouldering activities owned by Basecamp Ouray, LLC, the undersigned agrees to: 4. KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, including those risks and resulting injuries arising from the negligence of the participant, or others, and by signature below, does assume full responsibility for participation. 5. Comply with all instructions, provided by Basecamp Ouray, LLC staff during explanation of equipment use. 6. If any materials, parts or pieces of equipment appear to be worn, not in working order, or are otherwise unsatisfactory to the participant renting the equipment, the participant will immediately bring it to the attention of the staff member at time of rental. 7. Participant represents and warrants that he/she has sufficient experience and knowledge of climbing, Via Ferrata, and bouldering to know how to use the equipment safely and will use the equipment in a safe manner and in a manner customary to the sport. 8. All Rental equipment is due by 4:00 pm on the date of return. AND, I, the undersigned, for myself and on behalf of my heirs, agents, personal representatives, next of kin, or legal representative, HEREBY RELEASE, WAIVE, INDEMNIFY AND HOLD HARMLESS Basecamp Ouray, LLC, its officers, officials, agents, employees, other participants, sponsors, advertisers, and the owners/lessors of the premises in which the activities are conducted (“Releasees”), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss to my person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEE/PARTICIPANT or otherwise, to the fullest extent permitted by law. AND, I, the undersigned, for myself and on behalf of my heirs, agents, personal representatives, next of kin, or legal representative of the MINOR CHILD, HEREBY RELEASE, WAIVE, INDEMNIFY AND HOLD HARMLESS Basecamp Ouray, LLC, its officers, officials, agents, employees, other participants, sponsors, advertisers, and the owners/lessors of the premises in which the activities are conducted (“Releasees”), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH that the MINOR CHILD may suffer, or loss to the MINOR CHILD’s person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEE/PARTICIPANT or otherwise, to the fullest extent permitted by law.
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